HomeMy WebLinkAboutRes2019-002 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-002
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING A CONDITIONAL USE PERMIT TO STEVEN
CHANG TO OPERATE FOUR-PLEX IN THE URBAN
RESIDENTIAL ZONING DISTRICT AT 1103 SECOND AVENUE,
LOT 19C,BLOCK 11,ENNIS CARLSON BENCARDINO REPLAT
WHEREAS, Steven Chang has applied for a conditional use permit from the
Seward Planning and Zoning Commission to develop a multi-family dwelling at 1103
Second Avenue, Lot 19C,Block 11,Ennis Carlson Bencardino Replat; and
WHEREAS,the property is in the Urban Residential (UR) Zoning District; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table
15.10.225, a dwelling, multi-family (3 or more units) is allowed in the Urban Residential
Zoning District as a conditionally permitted use; and
WHEREAS,the applicant is planning to renovate the existing three unit dwelling
into a four unit dwelling;and
WHEREAS, on February 5, 1997 the Planning and Zoning Commission issued a
Conditional Use Permit to the above mentioned property for the operation of a tri-plex;
and
WHEREAS, having complied with the public notification process; on April 2,
2019, the Seward Planning and Zoning Commission held the required public hearing on
the Conditional Use Permit application.
NOW,THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. 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 established. The property is zoned Urban
Residential (UR). The applicant has stated that they intend to reside in one of the
dwelling units seasonally and rent the remaining three units on a nightly basis.
Seward Planning and Zoning Commission
Resolution No. 2019-002
Page 2
The Urban Residential district is intended to allow an area of higher density
mixed residential uses from detached single-family housing to multi-family
apartments in conjunction with compatible low impact professional office uses in
the area surrounding the downtown business district. A multi-family dwelling is
allowed in the Urban Residential District by conditional use permit from the
Planning and Zoning Commission.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met. The neighboring properties are
residential. There is no indication that the development will negatively impact the
value of adjoining properties.
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 (2017) and Strategic Plan (1999) in that both
plans address needs for additional housing.
Seward 2030 Comprehensive Plan (approved by Council,May 30,2017)
The Comprehensive Plan recommends continuing every effort to encourage the
development of affordable housing for Seward's growing housing needs.
3.3.1 Encourage development of new housing in Seward
3.3.1.1 Support a range of housing choices that meet the needs of people in
various income and age groups
Strategic Plan (1999)
The Strategic Plan encourages the expansion and availability of affordable, diverse, year-
round housing (Page 18). The Strategic Plan also promotes residential and commercial
development inside the City(Page 9).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. Adequate water, sewer, and power are
available to the property as well as adequate fire, police and solid waste disposal
services. City code requires that every business within the City must provide
containers suitable for refuse collection (SCC 14.05). Construction waste and
debris must be removed weekly and upon completion of construction.
E. The proposed use will not be harmful to the public safety,health or welfare.
Finding: This condition has been met. This four-plex will not be harmful to the
public safety, health or welfare. The applicant has cited potential noise concerns,
and states that they will be living on the property and intend to establish guest
rules quiet hours
Seward Planning and Zoning Commission
Resolution No. 2019-002
Page 3
F. 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.
Based on the above findings and conclusions, approval of the CUP shall be
subject to the following conditions:
1. The applicant shall work with City staff through the building permit
process to address and accomplish any required upgrades or
modifications.
2. The applicant shall work with all City Utility Departments for any
possible upgrades to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued.
3. All parking and maneuverability shall remain on site for the life of the
use. Nine (9) parking spaces are required, per Seward City Code
§15.10.215(b).
4. Bear-proof/bird resistant dumpsters/containers shall be provided for
all garbage and refuse for the life of the use. The trash receptacle shall
be screened from view with fencing, as described on submitted site
plan.
5. Construction waste and debris shall be removed weekly and upon
completion of construction.
6. 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.
7. Modification of final approval of a conditional use permit may, upon
application by the permitee, 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.
8. The applicant shall adhere to all required property setbacks for the
Urban Residential zoning district
Seward Planning and Zoning Commission
Resolution No. 2019-002
Page 4
Section 2. 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 1, Subsection F. are met by the applicant, and
authorizes the administration to issue a conditional use permit for a four-plex to Steven
Chang at 1103 Second Avenue, Lot 19C, Block 7, Ennis, Carlson, Bencardino Replat
subject to the above conditions.
Section 3. 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. Additionally, the administration shall periodically confirm the
use conforms to the standards of its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd
day of April, 2019.
THE CITY OF SEWARD
Cindy . klund,Chair
AYES:Swann, Seese,Charbonneau, Fleming
NOES:Ecklund
ABSENT:
ABSTAIN: Hatfield,Ambrosiani
ATTEST:
Brenda Bal ou, MMC
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P&Z Agenda Statement
Meeting Date: April 2, 2019
Through: Jackie C. Wilde, Planner
From: Andy Bacon, Planning Assistant
Agenda Item: Request for a Conditional Use Permit by Steven Chang, to construct and
operate a four (4) unit multi family dwelling on Lot 19C Block 11, Ennis
Carlson Bencardino Replat, located at 1103 Second Avenue; within the
Urban Residential Zoning District
BACKGROUND & JUSTIFICATION:
Steven Chang has applied for a Conditional Use Permit (CUP) for a tour-plex at 1103 Second
Avenue, in the Urban Residential (UR) Zoning District. Current improvements on the property are
permitted as three-plex, by Conditional Use, by Planning and Zoning Resolution 98-17.
A "dwelling, multi -family (3 or more units)" is allowed via Conditional Use Permit (CUP) in the
Urban Residential (UR) Zoning District, as per Seward City Code (SCC) Land Uses Allowed Table
15.10.225.
The applicant has stated that they intend to operate the existing building as a 4 -plea and utilize three
of the units as lodging on a nightly basis while residing in the fourth unit.
SURROUNDING LAND USE AND ZONING:
The intent of the Urban Residential Zoning District is as follows: SCC 15.050.025, Land Use
Districts --Established, Definitions., (5), "Intended to allow an area of higher density mixed
residential uses from detached single-family housing to multi -family apartments in conjunction
with compatible low impact professional office uses in the area surrounding the downtown
business district"
The surrounding properties consist of single family homes, commercial uses, and park land.
Development Requirements:
The proposed four-plex meets all Zoning Code Development Requirements (Table 15.10.220)
including minimum buildable lot size, building setbacks, lot coverage, building height.
Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood
hazard area.
Utilities:
Water, sewer, and power are available to the property. Adequate fire, police and solid waste disposal
services are available to the property. City code also requires that every building or building site
7173
Seward Planning and Zoning Commission
Agenda Statement
Page 2
within the City must provide containers suitable for refuse collection (SCC 14.05). All containers
shall be watertight with an animal -proof lid. The trash receptacle shall be screened from view with
fencing. All construction waste and debris must be removed weekly and upon completion of
construction.
Parking:
Two parking spaces per apartment unit will be provided on site, per city code § 15.10.215.
Landscaping:
Landscaping vegetation for undeveloped and non -parking lot areas shall be required by the CUP, as
specified in section 2.2.3 of the 2030 Comprehensive Plan. Landscaping shall be completed prior to
issuance of certificate of occupancy, or within 5 months of project completion, as weather conditions
permit.
CONSISTENCY CHECKLIST:
Yes
No
NIA
Seward Comprehensive Plan (2030):
The Comprehensive Plan recommends continuing every effort to
encourage the development of affordable housing for Seward's growing
1.
housing needs.
X
3.3.1.1 Support a range of housing choices that meet the needs of
people in various income and age groups (page 14)
Strategic Plan (1999)
The Strategic Plan promotes residential and commercial development
inside the City Limits (Page 9).
2.
The Strategic Plan supports expanding the availability of affordable,
X
diverse, year round housing and encourages the construction of residential
housing at all market levels
Public Notice:
Property owners within three hundred (300) feet of Lot 19C Block 11, Ennis Carlson Bencardino
Replat were notified of this proposed conditional use permit action. 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 staff has received one inquiry regarding the proposed Conditional Use
Permit. A citizen called and asked if the dwelling already met the building requirements to be labeled
a four-plex. Staff responded that the Conditional Use Permit was to permit the operation of a four-
plex, and the property owner will also have to comply with any building code requirements for a
multi family dwelling through the building permit process.
13173
Seward Planning and Zoning Commission
Agenda Statement
Page 3
If any comments are received after this publication, they will be presented to the Commission as a
laydown at the April 2, 2019 meeting.
Staff Comment:
Staff has reviewed the Conditional Use Permit application and no objections were reported.
Department
Comments
No Comment
N/A
Building Department
Each unit must be 1 hour fire rated,
and if there is a common stairwell it
should have a 1 hour fire rating as
well.
Electric Department
Staff referenced SCC 14.15.340
(a) for service connection
requirements for multi -occupant
buildings.
Staff advises not to construct
over underground electric service
line or in any utility easements.
Harbor Department
X
Police Department
X
Public Works Department
X
Recommended Conditions:
1. The applicant shall work with City staff through the building permit process to
address and accomplish any required upgrades or modifications.
2. The applicant shall work with all City Utility Departments for any possible
upgrades to the water, sewer and/or electric utilities prior to a certificate of
occupancy being issued.
3. All parking and maneuverability shall remain on site for the life of the use.
4. Animal / Bird resistant dumpsters / containers shall be provided for all garbage
and refuse for the life of the use. The trash receptacle shall be screened from view
with fencing, as described on submitted site plan.
5. Construction waste and debris shall be removed weekly and upon completion of
construction.
6. 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.
7 Modification of final approval of a conditional use permit may, upon application
by the permitee, be modified by the Planning and Zoning Commission:
9173
Seward Planning and Zoning Commission
Agenda Statement
Page 4
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.
RECOMAMNDATION: The Community Development Department staff recommends approval of
Resolution 2019-002 granting Conditional Use Permit 2019-02 to Steven Chang to operate a four
(4) unit multi family dwelling on Lot 19C Block 11, Ennis Carlson Bencardino Replat, located at
1103 Second Avenue; within the Urban Residential Zoning District
1017.3