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"