HomeMy WebLinkAbout06272019 City Council Laydown - CDD Stmt on Appeal CITY OF SEWARD RECEIVED
BOARD OF ADJUSTMENT JUN 2 5 2019
OFFICE OF THE
CITY CLERK
ITMO: Appeal of Planning& Zoning
Commission Resolution 2019-006
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL
The Community Development Department asks the city council, sitting as a board of
adjustment, to modify conditions set by Planning&Zoning Commission Resolution 2019-006 to
1) clarify the code study requirement and; 2)by change the number of required parking spaces
from seven to four. The Lindells - the appellants -join the department's request. The precise
modifications requested are stated on the attached"Requested Modifications to Cup Conditions".
A. Background & The Commission's Resolution
On March 21, 2019,the Lindells submitted an application for a conditional use permit to
operate a six-unit(later amended to seven) multi-family dwelling with a mix of short-term and
long-term rentals. The subject property is in the Central Business district at 232 Fifth Avenue,
with 40 feet of street frontage along Fifth Avenue.' The building is 2,880 square feet.2 The
proposed use consists of four long-term rental studio apartments,3 and three short-term rentals.`
The Lindells satisfied the CUP application posting requirements and the department
noticed public hearing on the application before the planning and zoning commission. The CUP
application was routed to city officials for comments to be included in the staff report.
Fire Chief Athey and Building Inspector Nilsson submitted comments that were included
in the staff report to the commission. Inspector Nilsson and Deputy Fire Chief Crites appeared at
the hearing, providing the commission with further explanations of their concerns. In summary,
See Condition Use Permit Application(March 21,2019).
2 See Condition Use Permit Application(March 21,2019).
See Condition Use Permit Application(March 21,2019). A studio apartment is a"small apartment less
than 500 square feet with a fully functional kitchen and bathroom."SCC§15.10.140(30)(e).
See Planning and Zoning Commission Resolution 2019-006 Transcript of Planning&Zoning Commission
May 7.2019 Meeting,p.8.
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE I OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
these city officials expressed concern that the proposed use increases fire and life safety hazards
and recommended that the commission require the Lindells to obtain an architectural code
study,5 which identifies fire and safety shortcomings and best practices,to mitigate these risks.
The commission also heard from the Lindells and other community members. Mary
Kulstad, co-owner of the Hotel Seward,expressed her belief that the proposed use should comply
with fire and Iife safety standards applicable to properties that provide nightly lodging.6 She also
stated that new use of the property would cause additional stress on available parking and the
Lindells should therefore be required to designate additional parking spaces.' Mark Kulstad,
co-owner of the Hotel Seward, expressed similar concerns regarding fire and life safety and
parking.8 The Lindells explained their proposed use of the property and the community benefits
of affordable housing.9 They also responded to the life safety concerns as well as the parking
concerns that were raised at the hearing.10
Following public comments, the commissioners discussed the two primary areas of
concern, life safety and parking, soliciting further information from Deputy Fire Chief Crites,
Inspector Nilsson, and Community Development Planner Jackie Wilde."
The commission found that the proposed use is consistent with the purposes of the
Central Business district.12 It found that the value of adjoining property would not be
significantly impaired by the proposed use,13 the proposed use is in harmony with the city's
comprehensive plan,14 public facilities are adequate to serve the proposed use,15 and subject to
compliance with architectural code study and parking conditions,the proposed use is not harmful
5 See generally Transcript of Planning&Zoning Commission May 7,2019 Meeting,pp.2-6, 16-17.
6 Transcript,pp.6-7.
Transcript,p.7.
8 Transcript,pp.9-10.
9 Transcript,p.8.
10 Transcript,pp.8, 10.
Transcript,pp. 10-17.
12 Planning and Zoning Commission Resolution 2019-006,Sec. I.A.
13 Planning and Zoning Commission Resolution 2019-006,Sec. 1.B.
14 Planning and Zoning Commission Resolution 2019-006,Sec. 1.C.
15 Planning and Zoning Commission Resolution 2019-006,Sec. I.D.
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 2 OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
to public safety or welfare.16 The commission noted that multi-family dwellings typically require
two parking spaces per dwelling unit.17 (Except studio and efficiency apartments, which require
only one space per unit.18)The commission also acknowledged that the zoning code excludes the
Central Business district from on-site parking requirements.19
Based on these findings,the commission imposed eight conditions on the conditional use
permit.20 Conditions nos. 1, 3,and 8 are at issue on appeal.
B. Appeal and Modification on Appeal
The Lindells appealed the commission's decision on the conditional use permit. They
objected to the requirement for an architectural code study,21 and the requirement of seven
parking spaces.22 They also argue that their plans for the property do not constitute a change in
use,so a CUP is not required.23
Following the commission's decision, the department continued discussing the proposed
use and the CUP conditions with the Lindells. Through these discussions,the department and
Lindells came to better understand each other's concerns and reached a compromise that
addresses the Lindells' objections to the commission's decision and, the department believes,
achieves the city's goals.
C. Board's Authority to Modify
Appeals of planning and zoning commission decisions are heard by the city council,24
which sits as the city's board of adjustment.25 The board decides the appeal based on the record
16 Planning and Zoning Commission Resolution 2019-006,Sec. I.E.
17 Planning and Zoning Commission Resolution 2019-006,Sec. I.E.
18 SCC§15.10.215(b).
19 Planning and Zoning Commission Resolution 2019-006,Sec. I.E.
20 Planning and Zoning Commission Resolution 2019-006,Sec. 1.F.
21 Matt&Shelly Lindell Notice of Appeal(May 23,2019),pp.2-3.
22 Matt&Shelly Lindell Notice of Appeal(May 23,2019),pp.1-2.
23 Matt&Shelly Lindell Notice of Appeal(May 23,2019),p. 1.The department disagrees with this
argument. First,adding three short-term rental units to the four long-term rental units constitutes a change in use
category per SCC§15.10.226(b)(9).Second,authorized nonconforming uses are limited to the actual pre-existing
use;allowed nonconforming use does not authorize the entire category of use such that the landowner may make any
modifications to the use so long as the use category does not change.Changing the use from four units to seven takes
the property outside of the nonconforming use authorized by SCC§15.01.315.
24 SCC§15.01.025;SCC §15.10.410(f).
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 3 OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
established before the commission and the record on appea1.26 "The board of adjustment may
affirm, modify, vacate, set aside or reverse any decision brought before it for review".27
D. The Board Should Modify the Resolution as requested by the Department
and Appellants.
The recommended modifications are intended to clarify the architectural code study
requirement and to set parking requirements that achieve the intent of the zoning code without
placing undue burden on the applicant.
1. Modifications to Sec. I.E.]. and Sec. I.E.8—Life Safety.
This modification moves the substance of condition no. 1 to condition no. 8 and also
clarifies condition no. 8 to better explain the permittee's obligation in connection with the
architectural code study.28
The current condition no. 1 is moved to condition no. 8 because the stated obligation to
work with staff is, in practice,tied to an architectural code study-the code study identifies the
necessary building upgrades. The proposed modification clarifies that the applicant must provide
the city a copy of the code study report and that this report serves as the basis for the"required
upgrades and modifications"currently appearing in condition no. 1 and moved to condition no. 8
by the proposed modifications. Finally, adding"life safety"to condition no. 8 is intended to give
clearer direction to the applicant of what and why a study is needed.
The Lindells' objection to condition no. 8 was based, in part, on a lack of clarity. The
modifications to condition no. 1 and condition no. 8 do not change their obligations. To provide
greater clarity for both the Lindells,the city, and the public,the department requests that the
board modify the commission's decision by deleting the current condition no. 1, renumbering the
conditions accordingly, and modifying condition no. 8 (which should be renumbered to 7).
25 SCC§15.0 l.025.
26 SCC§15.10.415(b).
27 SCC§15.10.430(b).
28 Applicant has already obtained a life safety code study and intends to provide a copy to the Community
Development Department.
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 4 OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
2. Modifications to Sec. 1.E.3—Parking.
This proposed modification to condition no. 3 reduces the required number of parking
spaces from seven to four.
The commission discussed the difficulty of categorizing the proposed use to determine
what parking requirements are applicable.29 It also considered that the Central Business district
is not subject to the parking requirements set forth in SCC §15.10.215.30 The commission noted
that an existing hotel in the CB district is authorized to provide parking equal to 65%of the
number of rooms and that, if applicable here,five spaces would be required.31 Commissioner
Swann remarked that the most restrictive requirement controls and therefore seven spaces should
be required.32 Ultimately, the commission concluded that seven units requires seven spaces.33
The commission had a difficult task: The proposed use of mixed long-term and short term
rental defies easy categorization under the zoning code. According to SCC §15.10.226(b)(9),
"more than five guest bedrooms or apartments is considered a hotel or motel for building code
and other code interpretation purposes." On the other hand,this use is not a hotel or motel
according to the definition of those terms.34 In addition to hotel/motel,the proposed use appears
to be"dwelling, apartment in a commercial building(two or more units"),3' as well as a
"dwelling, multi-family(3 of more units)",36 and arguably"lodging, multifamily dwelling
apartment",37 all of which have different zoning and parking requirements. Finally, the code
states that off-street parking requirements apply"[e]xcept in the CB and HC districts".38
2' Transcript,pp.10-12.
3° Transcript,pp. 11, 13.
3' Transcript,p. I.(For more information,see CUP 2019-001 Modification to parking requirement for
Harbor 360 hotel amending existing CUP 2001-001 in HC zoning district.)
32 Transcript,p. 11.
33 Transcript,p.10.
34 SCC§15.10.140(b)(48).
3"SCC§15.10.226("Dwelling,apartment in a commercial building(two or more units)");SCC
§15.10.140(b)(30)(b).
36 SCC§15.10.140(30)(j);see SCC§15.10.226("Dwelling,multi-family(3 or more units)").
37 See SCC 15.10.226("Lodging,multifamily dwelling apartment");SCC§15.10.215(b).
38 SCC§15.10.215(a).
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 5 OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
The code recognizes that on-site parking may not be feasible,or even desirable,39 in the
Central Business district and so excludes the CB district from parking requirements.40 Were this
property not in the Central Business district, seven parking spaces—one for each long-term and
short-term unit—would be required.41 But the property is in the CB District. The CB district is
exempt from the parking space requirements of SCC §15.10.215(b).
Nevertheless, it is proper for the commission to consider parking issues when evaluating
a conditional use permit application. The parking inquiry should take into consideration the
circumstances particular to the proposed use and weigh the code's recognition that on-site
parking may not be available in the CB district against the goals and the objectives furthered by
the parking requirements for uses outside the CB and HC districts. These parking requirements
for a conditional use in the parking-space-exempt CB district, §15.10.215(b) should be viewed as
guidelines -not rigid rules,42 Availability of on-street parking is one factor to consider.
The commission found that the proposed use is generally compatible with the CB district
and the city's long-term development plans. The four long-term rental units are studio apartments
and the short-term rentals are similarly sized.43 The record suggests that the proposed use will
likely result a year-round need for three to four spaces and up to three more during tourist
season.44 Four on-street spaces are adjacent to the property on Fifth Avenue.45 (These spaces are
first-come, not reserved for this use.)
The Lindells' guests may occasionally need to walk from their accommodations to a
vehicle if onsite and adjacent spaces cannot satisfy demand, but that's a trade-off for staying in a
central location. More importantly, it comports with the goal for the CB district, which is"a
39 See SCC§15.05.025(b)(9).
4° SCC§15.10.215(a).
4' Per SCC§15.10.215(b), one space for each of the four studio apartments is required and one space for
each of the three guest units.
42 Rigid application of§15.10.215(b)would require no parking spaces because the CB district is exempt.
43 See Conditional Use Permit Application(March 21,2019).
44 Transcript,p.8.
45 Res 2019-006:CUP for mixed used nightly and monthly rental in CBD(aerial image).
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 6 OF 7
LIMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
compact group of businesses of the type which are mutually beneficial and located close enough
together to encourage walk-in trade. '46
That demand for parking may occasionally surpass the number of conveniently located
spaces. If all uses were required to have sufficient on-site parking, the Central Business district
would be as much parking lot as commercial space, destroying the character that the code seeks
to preserve. The intent and letter of SCC §15.10.215 are satisfied by four on-site spaces and the
availability of four adjacent on-street spaces. The department therefore asks that the board
modify condition no. 3 to require four spaces rather than seven.
CONCLUSION
For the reasons stated above and in recognition that the Department and the Lindells have
agreed to resolve the appeal, the city council should approve the modified version of the CUP
conditions submitted with this memorandum.
Dated June 075 , 2019.
COMMUNITY DEVELOPMENT
DEPARTMENT
40/ 41.1 e . W
Jacki C. Wilde
Community Development Planner
46 SCC§15.05.025(b)(9).
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL PAGE 7 OF 7
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006
REQUESTED MODIFICATION TO CUP CONDITIONS
The Community Development Department requests that the Planning and Zoning
Commission's decision on the Lindells' conditional use permit application by modified
by amending the permit conditions set forth in Section 1.F of Resolution 2019-06 to read
as follows (deleted text is struek; added text is bolded and underlined):
and—aeeomplis1, red ..des odi f t' to t e F
....... ...........t..:.,.. .,.:j` ..�.�:iwla v..a wNbauuvJ yr air
business li_�- g elated to the a f th rt----+-�D�- V Il11 Al.a1.i {.iJIJ Vl
2-1. 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 2. All parking and maneuverability shall remain on site for the life of the use. Seven (7)
Four(4)off-street parking spaces are required.
4 3. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the
life of the use.
3 4. Construction waste and debris shall be removed weekly and upon completion of
construction.
6 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.
7 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.
g 7. The applicant shall obtain a professional architectural Life Safety code study to
address the change in use of the building.
A. Applicant shall provide one copy of the Architectural Life Safety Code
Study to the Community Development Department.
B. 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 licensing relating to the mixed use of the property.
ATTACIIMENT:PROPOSED MODIFICATIONS TO CUP CONDITIONS
COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT ON APPEAL
ITMO:APPEAL OF PLANNING&ZONING COMMISSION RESOLUTION 2019-006