HomeMy WebLinkAboutOrd2009-002Sponsored by: Planning and Zoning Commission
Introduction Date: February 9, 2009
Public Hearing Date: February 23, 2009
Enactment Date: February 23, 2009
CITY OF SEWARD, ALASKA
ORDINANCE 2009-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 15, LAND USES
ALLOWED TABLE 15.10.225 TO ALLOW LODGING, MULTI-FAMILY
DWELLING APARTMENT BY CONDITIONAL USE PERMIT IN THE
HARBOR COMMERCIAL ZONING DISTRICT (HC)
WHEREAS, nightly lodging within amulti-family structure located within the Harbor
Commercial Zoning District is currently not allowed; and
WHEREAS, nightly lodging within a hotel, motel, lodge or inn is currently allowed by
Conditional Use Permit within the Harbor Commercial Zoning District; and
WHEREAS, nightly lodging within amulti-family structure is currently allowed by
administrative permit within the Two Family (R2), Multifamily (R3), Urban Residential (UR),
Office Residential (OR), Auto Commercial (AC) and Central Business (CBD) Zoning Districts of
'- Seward; and
WHEREAS, the Harbor Commercial Zoning District is intended to provide an area for
tourist, and recreational, commercial or industrial enterprises which derive major economic or social
benefit from a harbor location; and
WHEREAS, primary lodging within the Harbor Commercial District is nightly lodging; and
WHEREAS, Seward City Code ~ 15.10.225. Land Uses Allowed, subsection (b), provides
requirements and standards for nightly lodging within the community; and
WHEREAS, allowing nightly lodging within amulti-family structure by Conditional Use
Permit in the Harbor Commercial District will not create any greater impact on the district than other
nightly lodging type businesses currently allowed in the area; and
WHEREAS, it is in the public interest to maintain a city code that is up to date and
harmonizing with current community needs; and
WHEREAS, at the January 20, 2009 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed Zoning Code amendment.
CITY OF SEWARD, ALASKA
ORDINANCE 2009-002
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Title 15 Seward City Code Table 15.10.225 Laud Uses Allowed is hereby
amended as follows: [item in BOLD & ITALIC is added to the table]
RR RI R2 R3 UR OR AC HC CB I RM INS P
Lodging, Multi-
family dwelling P p p p p C' p
apartment
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, Th1s 23~`~ Day
Of February, 2009
THE CITY OF SEWARD, ALASKA _.
(~
Clark Corbridge, Mayor
AYES: Valdatta, Bardarson, Smith, Kellar, Corbridge
NOES: None
ABSENT: Dunham, Keil
ABSTAIN: None
ATTEST:
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.le LeW1S, CJMC ,~~aee~~nr,~~s
C1 Clerk ~__ ~~~~®,~ ~'`~s~ssss
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(City Seal) ` ~~ ~~
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Council Agenda Statement
Meeting Date: February 9, 2009 (Introduction)
February 23, 2009 (Public Hearing & Action)
To.: City Council
Through: Phillip Oates, City Manager.
From: Christy Terry, Community Development Director
Donna Glenz, Associate Planner
Agenda Item: Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225
to Allow Lodging, Multi-Family Apartment by Conditional Use Permit
(CUP) within the Harbor Commercial Zoning District (HC)
BACKGROUND & JUSTIFICATION:
Administration received a request to amend the Seward City Code §15.10.225, Land Use Allowed
table to allow nightly lodging in amulti-family structure within the Harbor Commercial Zoning
District by Conditional Use Permit. Currently, nightly lodging within amulti-family structure is not
allowed in the Harbor Commercial District. However, nightly lodging within a hotel, motel, lodge or
inn is currently allowed by Conditional Use Permit. Nightly lodging within amulti-family structure
is allowed by administrative permit within the Two Family (R2), Multi-family (R3), Urban
Residential (UR), Office Residential (OR), Auto Commercial (AC) and Central Business (CBD)
Zoning Districts of Seward.
At the January 20, 2009 meeting the Planning and Zoning Commission held a public hearing and
approved Resolution 2009-01 recommending City Council approval of the attached proposed
ordinance. This proposed code change would allow nightly lodging within amulti-family structure
located within the Harbor Commercial District by Conditional Use Permit.
Seward City Code § 15.10.225(b) Land Uses Allowed currently provides Lodging guidelines as
follows: Items 7, 8 and 9 specifically address multi-family lodging.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of
this Title.)
(b) Lodging as defined in section 15. l 0.140(b) is allowed in accordance with table 15.10.225 of this
chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required. Prior to
issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure
Seward City Council
Agenda Statement
Page 2 of 4
compliance with the current Uniform Building Code door/window egress standards, the presence of
an operable and inspected fire extinguisher and adequate smoke detection systems, a posted
evacuation plan, and visible signs showing exit locations.
(2) Parking will be provided in accordance with section 15. l 0.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4} Within single and two-family residential districts, lodging is limited to a home occupation
within an owner-occupied dwelling which is the owner's principal place of residence and to the rental
of not more than 50 percent of the bedrooms to a maximum of five.
(5) In all other residential districts, lodging within single-family residences and duplexes is limited
to a home occupation within the business owner's principal place of residence and to the rental of not
more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts, lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
(7) Multi-family dwellings used for lodging purposes are not required to be the business or property
owner's residence. The use shall be limited to not more than five apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or apartments is
considered a motel or hotel for building and other code interpretation purposes.
15.10.140. Definitions.
Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be
occupied or which is occupied as the home or residence of an individual for daily living and doing
his own cooking independently of any other individual or family in the same building (see
"dwelling")
Dwelling- multiple-family. A building designed as a residence for three or more families, with the
number of families in residence not exceeding the number of dwelling units provided and each living
independently of the other under one roof.
Lod~in~• The renting out of a dwelling, or portion thereof, to provide overnight sleeping
accommodations for a period of less than 30 consecutive days. The use includes the providing of
meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel
or hostel.
15.05.025. Land Use Districts-Established, definitions.
(7) Harbor commercial district (HC) Provides an area for water-dependent or water-related uses
with particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises
which derive major economic or social benefit from a harbor location.
Seward City Council
Agenda Statement
Page 3 of 4
The uplands surrounding the Small Boat Harbor were zoned Harbor Commercial in 1988. It is
evident that the Harbor Commercial District has changed significantly over the past 20 years. A
review of aerial photos visually documents the shift in the use of the harbor uplands from boat
storage and repair to retail/service businesses (charter offices, hotels, restaurants, retail stores and
tourist related uses), and public parking. As harbor development has evolved, industrial uses have
generally been confined to the northern periphery, adjacent to the Industrial Zoning District.
Allowing lodging in amulti-family dwelling supports the intended types of allowed uses in the
Harbor Commercial Zoning District.
Currently the only multi-family structures within the Harbor Commercial District are the two
structures known as the "Harbor Lights Apartments." In 1985 a Conditional Use Permit was granted
to construct a 13 unit condominium complex on Lots 23-34, Block 8, Laubner Addition. Although
these units were originally intended to become condominiums they have never been operated or sold
as condos. The units have always been under a single ownership and operated as amulti-family
apartment complex. Currently City Code does not allow Multi-family structures within the Harbor
Commercial District; thereby making the structure and use non-conforming.
Staff has met with department heads and received a recommendation of support from the Harbor
Master. Other departments of the City have voiced no objection to the proposed City Code
Amendment. Specifically, staff has worked closely with the Fire Chief to insure there were no life
safety concerns with the proposed code change.
Consistency Checklist:
Yes No NA
Comprehensive Plan (2020) X
3.2.1 Promote residential and commercial development within the city of Seward in accordance with
community values. (page 19) Promote expansion and development of local entrepreneurial
businesses. (page 16)
Strategic Plan (1999) X
This plan recommends adjusting local development regulations where appropriate to encourage
development that is consistent with the economic base vision (pg 5).
Small Boat Harbor Management Plan (1993) X
This plan states that commercial uses allowed in the Small Boat Harbor should be targeted to those
that strengthen and enhance the Small Boat Harbor as a center for marine/tourist convenience uses
and that do not detract from downtown's roles as the community's traditional consumer shopping
and services center.
a. Continue to limit small boat harbor commercial development to water related and water
Seward City Council
Agenda Statement
Page 4 of 4
dependent uses only.
b. Through zoning, designate a specific range of commercial uses to be allowed in the small
boat harbor area -including public, commercial and marine industrial uses. (page 9)
Small Boat Harbor Planning and Development Guide X
Page 34 of the Guide states, "It (the Guide) does not cover commercial and tourist activities and
facilities in the harbor area"
Asper City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time
of publishing this agenda statement one public inquiry had been received. Through discussions with
the staff the questions were answered and the member of the public was satisfied.
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the Land Use Plan and
change of zoning designation.
Approved by Finance Department~,a~~~,
ATTORNEY REVIEW: X
RECOMMENDATION:
February 9, 2009 Counci I introduce Ordinance 2009- UC'- ,amending the Zoning Code, Land
Uses Allowed Table 15.10.225 to Allow Lodging, Multi-Family Apartment
by Conditional Use Permit (CUP) within the Harbor Commercial Zoning
District (HC).
February 23, 2009 Council conducts a public hearing and adopts Ordinance 2009- ~' i`,
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