HomeMy WebLinkAboutRes2019-011' Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-011
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO ELLIOT JACKSON DBA
SEWARD LODGING LLC TO OPERATE A MIXED USE
COMMERCIAL BUILDING INCLUDING RESTAURANT, HOUSING,
AND NIGHTLY LODGING ACCOMMODATION ON LOT 4A
BLOCK 3, ORIGINAL TOWNSITE SEASALT REPLAT, LOCATED
AT 133 FOURTH AVENUE; WITHIN THE CENTRAL BUSINESS
(CB) ZONING DISTRICT
WHEREAS, Elliot Jackson has applied for a Conditional Use Permit (CUP) to
operate a mixed use commercial building including restaurant, housing, and nightly lodging
accommodation within the Central Business Zoning District (CB); and
WHEREAS, the property is located on, Lot 4A Block 3, Original Townsite Seasalt
Replat of Seward, physical address of 133 Fourth Avenue; and
' WHEREAS, the structure on the subject property was built in 1942, prior to zoning
requirements for a Conditional Use Permit, and included commercial space on the first floor
and single room occupancy style housing space on the second floor; and
WHEREAS, the applicant has applied for a Conditional Use Permit, seeking to keep
the restaurant and add a mix of long-term and short -tens rentals in the habitable portion of
the commercial building; and
WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, a dwelling,
apartment in a commercial building (2 or more units) is allowed in the Central Business
Zoning District as a conditionally permitted use; and
WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, Lodging,
Hotel is allowed in the Central Business Zoning District as a conditionally permitted use; and
WHEREAS, according to the Seward City Code, in cases of reasonable doubt as to
whether a use is permitted in a specific zone, the guidelines established for conditional uses
in section 15.10.320 shall apply; and
WHEREAS, having complied with the public notification process; on June 4, 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:
Seward Planning and Zoning Commission
Resolution No. 2019-011
Page 2
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 met, or shall be through the conditions.
The property is zoned Central Business (CB). The Central Business District provides
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. Dwellings
and lodging are allowed in the Central Business District by conditional use permit
from the Planning and Zoning Commission.
1
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met.
The surrounding properties are all zoned Central Business District, and include the
Alaska Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the
east, across Fourth Avenue, a bar and a restaurant are located immediately to the '
north. 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)
Seward 2030 Comprehensive Plan (approved by Council, May 30, 2017)
3.2.1 Promote residential and commercial development within the City of Seward and
its vicinity in accordance with community values
(Page 13)
3.2.1.2 Support mixed commercial and residential uses in the Seward downtown
business district
Support apartments and other high density residential development, including
seasonal worker housing
(Page 14, bullet 2 and 3)
Strateeic Plan (1999)
The Strategic Plan promotes residential and commercial development inside the City
(Page 9).
D. Public Services and facilities are adequate to serve the proposed ase. '
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
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Seward Planning and Zoning Commission
Resolution No. 2019-011
Page 3
services. City code requires that every business within the City most provide
containers suitable for refuse collection (SCC 14.05).
R. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been established or shall be through the conditions.
The building shall meet all building and fire code requirements and be reviewed through the
building permit process. A professional architectural code study shall be required to review
the structure for compliance with applicable building codes. Adequate fire and police
services are available to the property. 15.10.215 Parking Code requires one parking space per
guest room in hotels, motels, and lodging. Studio apartment units also require one parking
space per unit. Within the Central Business District no on -site parking is required for
commercial uses. The applicant has not indicated any provided parking on the site plan, and
there is no room on the subject parcel to provide off street parking. There are 109 angled and
parallel street parking spaces within a 300 foot radius of the subject property. Within that 300
foot radius are 14 individual business establishments, two office buildings, a church, and a 14
unit apartment building.
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 prior to the issuance of any business licensing relating to
the mixed use of the property.
2. The applicant shall obtain a professional architectural code study to
address the change in use of the building, with compliance.
3. 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.
4. Bear -proof / bird resistant containers shall be provided for all garbage and
refuse for the life of the use.
5. 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.
' 6. Modification of final approval of a conditional use permit may, upon
application by the pennitee, be modified by the Planning and Zoning
Commission:
Seward Planning and Zoning Commission
Resolution No. 2019-011
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.
7. Seven (7) off-street parking spaces shall be required for the life of the
use.
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 seven unit multifamily dwelling to
Elliot Jackson at 133 Fourth Avenue, Lot 4A Block 3, Original Townsite Seasalt 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.
Sec 'on 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 0 day
of June, 2019.
THE CITY OF SEWARD
Cin y ck t ,Chair
AYES: Hatfield, Fleming, Ambrosiani, Seese, Charbonnea Wand
NOES:
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1
P&Z Agenda Statement
Meeting Date: June 4, 2019
Through: Jackie C. Wilde, Planner
From: Andy Bacon, Planning Assistant
Agenda Item: Request for a Conditional Use Permit (CUP) to operate a mixed use
commercial building including restaurant, housing, and nightly lodging
accommodation at 133 Fourth Avenue, Lot 4A Block 3, Original
Townsite Seasalt Replat
BACKGROUND & JUSTIFICATION:
Elliot Jackson has applied for a Conditional Use Permit (CUP) to operate a mixed use commercial
building including restaurant, housing, and nightly lodging accommodation within the Central
Business (CB) Zoning District. The structure presently located at 133 Fourth Avenue is a two-story
commercial building that was constructed in 1942, prior to the zoning requirement for a Conditional
Use Permit, and originally included commercial space on the first floor and single room occupancy
style housing space on the second floor. The applicant has applied for a Conditional Use Permit,
seeking to keep the restaurant and add a mix of long-term and short-term rentals in the habitable
portion of the commercial building. Overnight uses in the Central Business District generally require
a Conditional Use Permit, and the following provisions of Seward City Code apply.
In accordance with Seward City Code section 15.10.315 (h) (1), a use that was legal and did not
require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit
and shall be considered a legal conforming use and may continue to exist as a conditional use subject
to the provisions of this chapter and may be modified in accordance with section 15.10.320.
In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be
transferred from one owner to another for the same use, but if there is a change in use on the
property, a new permit must be obtained.
In accordance with Seward City Code 15.10.125 (B) in cases of reasonable doubt as to whether a use
is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320
shall apply
The applicant has stated that they intend to rent five of the eleven upstairs rooms nightly, and retain
the remainder for employee use. The second floor of the subject structure includes eleven rooms. Ten
of the eleven rooms share bathroom and shower facilities, and all rooms share cooking facilities. The
layout of the second floor is similar to a single room occupancy hotel, which was common for the
period in which the building was developed, and exists elsewhere within other buildings in Seward's
historic downtown.
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Seward Planning and Zoning Commission
Agenda Statement Resolution 2019-011
Page 2
SURROUNDING LAND USE AND ZONING:
The Central Business District provides 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 surrounding properties are all zoned Central Business (CB) District, and include the Alaska
Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the east, across Fourth
Avenue, a bar and a restaurant are located immediately to the north.
Development Requirements:
The structure on the subject property meets Zoning Code Development Requirements (Table
15.10.222). The subject property is approximately 8,772 square feet.
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
within the City must provide containers suitable for refuse collection (SCC 14.05). All containers
shall be watertight with an animal -proof lid. All construction waste and debris must be removed
weekly and upon completion of construction.
Parking:
Parking Code requires one parking space per guest room in hotels, motels, and lodging. Studio
apartment units also require one parking space per unit. Within the Central Business District, no on -
site parking is required for commercial uses. The applicant has not indicated any provided parking on
the site plan, and there is no room on the subject parcel to provide off street parking. There are 109
angled and parallel street parking spaces within a 300 foot radius of the subject property. Within that
300 foot radius are 14 individual business establishments, two office buildings, a church, and a 14
unit apartment building.
CONSISTENCY CHECKLIST:
Yes
No
NIA
Seward Comprehensive Plan 2030 :
3.2.1 Promote residential and commercial development within the
1.
City of Seward and its vicinity in accordance with community
X
values
(Page 13)
34
Seward Planning and Zoning Commission
Agenda Statement Resolution 2019-011
Page 3
3.2.1.2 Support mixed commercial and residential uses in the
Seward downtown business district
Support apartments and other high density residential development,
including seasonal worker housing
(Page 14, bullet 2 and 3)
Strategic Plan (1999) :
2.
The Strategic Plan promotes residential and commercial
X
development inside the City Limits (Page 9).
Public Notice:
Property owners within three hundred (300) feet of Lot 4A Block 3, Original Townsite Seasalt
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 met.
At the time of this publication staff has received one inquiry regarding the proposed Conditional Use
Permit. A neighboring property owner called to express concern about the lack of provided parking
in the application, citing an existing lack of available street parking in the vicinity, which results in
unauthorized use of their parking lot.
If any comments are received after this publication, they will be presented to the Commission as a
laydown at the June 4, 2019 meeting.
Staff Comment:
Staff has reviewed the Conditional Use Permit application and no objections were reported.
Department
Comments
No
N/A
Comment
Electric Department
X
Fire Department &
This change of use from monthly
Building Department
to nightly requires an
architectural code study be
performed to ensure life safety
requirements are being satisfied.
Harbor Department
X
Police Department
X
Public Works
Department
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Seward Planning and Zoning Commission
Agenda Statement Resolution 2019-011
Page 4
Recommended Conditions:
1. The applicant shall work with City staff through the building permit process to
address and accomplish any required upgrades or modifications prior to the
issuance of any business licensing relating to the mixed use of the property.
2. The applicant shall obtain a professional architectural code study to address the
change in use of the building, with compliance.
3. 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.
4. Bear -proof / bird resistant containers shall be provided for all garbage and refuse
for the life of the use.
5. 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.
6. 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.
RECONEM ENDATION: The Community Development Department staff recommends approval of
Resolution 2019-011 granting Conditional Use Permit 2019-09 to EIliot Jackson to operate a mixed
use commercial building including restaurant, housing, and nightly lodging accommodation on Lot
4A Block 3, Original Townsite Seasalt Replat within the Central Business {CB) Zoning District
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