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HomeMy WebLinkAboutRes2021-008 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-008 AS AMENDED BY BOARD OF ADJUSTMENT 05/14/2021 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO SEAVIEW COMMUNITY SERVICES TO OPERATE RECOVERY HOUSING, SUBSTANCE ABUSE TREATMENT CENTER, AND MEDICATION ASSISTED TREATMENT (MAT) CLINIC WITHIN A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD LOCATED AT 402 SECOND AVENUE; WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Seaview Community Services has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a recovery housing, substance abuse treatment center, and MAT clinic within a four-unit multi- family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision; and WHEREAS,the property is in the Auto Commercial (AC) Zoning District; and WHEREAS, Seaview Community Services recovery housing program provides short-term housing assistance and treatment for individuals with substance use disorders and co-occurring conditions; and WHEREAS, Seaview Community Services will implement the recovery housing expansion first, followed by the addition of residential treatment and Medication Assisted Treatment(MAT)Clinic; and WHEREAS, Seaview Community Services has received widespread support from an array of local, Kenai Peninsula and State stakeholders; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a dwelling, multi-family (3 or more units) is allowed in the Auto Commercial Zoning District as a conditionally permitted use; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226,a medical clinic and Office,business or professional is allowed outright in the Auto Commercial Zoning District. NOW, THEREFORE,BE IT RESOLVED by the Seward Planning and Zoning Commission that: Seward Planning and Zoning Commission Resolution No. 2021-008 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. The property is zoned Auto Commercial (AC). The Auto Commercial District is intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. A multi-family dwelling is allowed in the Auto Commercial (AC) 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 property to the north is a single family home zoned R1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 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) Seward 2030 Comprehensive Plan (approved by Council,May 30,2017) 2.2 Community Values, page 16,Vol 1 2.2.6 Healthcare Support educational preventative and rehabilitation services, retain Seward as the hub for social services on the Eastern Kenai Peninsula and continue to support Independent Living Center, Seaview Community Services and Seward Senior Center and other similar organizations. 3.2 Land Use,pages 21 &22, Vol I 3.2.1 Promote residential and commercial development within the City of Seward and Its vicinity in accordance with community values 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and high-density residential development, including seasonal worker housing 3.3 Housing,pages 22&26, Vol I 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 Seward Planning and Zoning Commission Resolution No. 2021-008 Page 3 various income and age groups 3.7.1.5 Support expansion and modernization of healthcare facilities 3.7.1.8 Support and develop opportunities for individual and community health improvement. Strategic 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 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). E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The applicant has stated that the proposed project will enhance public health, safety and welfare in the Seward community by providing much needed housing and treatment for adults to achieve long-term recovery from addiction. Access to substance use and mental health treatment were identified as the top two health concerns of Seward residents in the most recent Providence Seward Community Health Needs Assessment. Seaview is taking significant steps to expand the continuum of care needed to address these issues and this project will provide treatment and support for individuals and families in the Seward area who need access to treatment. 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. a. Prior to occupancy the following shall be completed per International Fire Code (IFC) and International Building Code (IBC): Seward Planning and Zoning Commission Resolution No. 2021-008 Page 4 b. Install required monitored residential sprinkler system that meets IFC and NFPA 13R Required Fire Alarm system that meets NFPA 72 and IFC c. Install a Knox box d. Any locking devices including Electric locks will meet egress requirements per IFC Fire and Life Safety Inspection once all requirements are met e. Code Study: all Building and Fire Codes concerning a mixed- use occupancy in regards to Life Safety and Accessibility shall be met and a Stamped State of Alaska Architect Letter stating code compliance met. f. Protective bollards installed to protect fuel tanks in parking area. g. The applicant will work with city staff prior to any remodel, construction,or other changes of use h. , facility's . As Amended By Board Of Adjustment 05/14/2021 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. Eight(8)off-street parking spaces are required. 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. Seward Planning and Zoning Commission Resolution No. 2021-008 Page 5 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, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to operate recovery housing, substance abuse treatment center, and mat clinic within a four (4) unit multi family dwelling for a four unit multifamily dwelling to Seaview Community Services at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision 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 6th day of April,2021. THE CITY OF SEWA Ci y . c und, Chair AYES: Sullivan, Verhey, Seese, Swann, Ecklund NOES: Charbonneau, Ambrosiani ABSENT: ABSTAIN: VACANT:N/A .4*c> .................... Brenda Ballou, MC = • ; SEAL : • City Clerk (City Seal) .............OF14.1"