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Home My WebLink AboutRes2021-019 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-019 • A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA,GRANTING A CONDITIONAL USE PERMIT TO JAMES PROTZMAN TO CONSTRUCT A MIXED-USE BUILDING ON LOTS 37- 40, BLOCK 4, ORIGINAL TOWNSITE OF SEWARD, ALASKA, LOCATED AT 134 FOURTH AVENUE; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, James Protzman has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a mixed-use building at 134 Fourth Avenue, Lots 37-40, Block 4, Original Townsite of Seward,Alaska; and WHEREAS,the property is in a Central Business(CB)Zoning District; and WHEREAS,the applicant will be constructing a building with retail space and parking in the lower level and twelve long-term dwelling units in the upper two floors; and WHEREAS,there is a need in Seward for more year-round housing; and WHEREAS, multiple businesses in the downtown, Central Business Zoning District also currently have apartments or nightly rentals above their retail shops; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; 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: The definition for the Central Business District states that it"provides for an area of convenient, attractive, concentrated commercial development primarily Seward Planning and Zoning Commission Resolution No. 2021-019 Page 2 of 4 intended for retail, financial, entertainment, and professional services...". The applicant will be using the property for this intended use, as well as the additional use of housing, which is much needed in Seward. According to the Land Use Allowed Table, §15.10.226, Townhouses and Condominiums are allowed within a Central Business District with a Conditional Use Permit. Home occupation is allowed outright in a Central Business District. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Currently, the lot is vacant, and thus adding no value to the adjoining property. Once developed, the property will significantly increase the value of the adjoining properties. It will create additional retail as well as housing, which will draw people to that area of town to support the restaurants and shops already in that area. 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 Comprehensive Plan (approved by Council,May 30, 2017) Vol 1 Ch 2.2.11 - Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property" Vol 1 Ch 3.2- Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." Strategic Plan(1999) The Strategic Plan encourages construction of residential housing at all market levels (Page 9). Expand availability of affordable,diverse, year-round housing(Page 18) 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. Seward Planning and Zoning Commission Resolution No. 2021-019 Page 3 of 4 Finding: This condition has been met. The building will be constructed following International Fire Code and International Building Code. Also, separate, off-street parking will be provided for the dwelling units, and the driveway cut for the entrance/exit for he ground level parking has been approved by the Public Works Department. 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 operation, the building will be constructed following requirements per International Fire Code (IFC) and International Building Code(IBC) 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. 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. 2021-019 Page 4 of 4 7. The applicant must meet the requirements for parking under §15.010.215 either with on-site parking or an off-site parking agreement submitted to Community Development. 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 James Protzman to construct a mixed-use building at 134 Fourth Avenue, Lots 37-40, Block 4,Original Townsite of Seward, Alaska. 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 7d' day of September 2021. THE CITY OF SEWARD, ASKA Cindy ckl d,Chair AYES: Sullivan, Swann, Charbonneau, Verhey NOES: ABSENT: Ambrosiani ABSTAIN: ATTEST: , Brenda Ballo / MC •' .••••'"""•••.'q ''; vim,.•(AP .. �' City Clerk .�,�c, F% • o • • (City Seal) • ( SEAL I • • oti4TE OF APg•`�•