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HomeMy WebLinkAboutRES2023-009 213 Fifth Avenue Sponsored by: Applicant Public Hearing: April 4, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-009 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO JOHN WISEL TO CONSTRUCT A MIXED-USE COMMERCIAL BUILDING WITH MORE THAN TWO APARTMENTS AT 213 FIFTH AVE, ORIGINAL TOWNSITE OF SEWARD, SOUTH 10 FEET OF LOT 13 & THE NORTH 25 FEET OF LOT 14, BLOCK 9; WITHIN A CENTRAL BUSINESS (CB)ZONING DISTRICT WHEREAS,John Wisel has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave,Original Townsite of Seward,south 10 feet of Lot 13&the north 25 feet of Lot 14, Block 9; and WHEREAS,the property is in a Central Business(CB)Zoning District; and WHEREAS, the CB zoning district is intended to provide 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; and WHEREAS, Conditional Use Permit 2020-03 was granted to John Wisel on October 6, 2020; and WHEREAS, Seward City Code §15.10.325(G) states that an approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, Conditional Use Permit 2020-03 has lapsed and a new Conditional Use Permit is required; and WHEREAS, according to Seward City Code §15.10.320 the Planning and Zoning Commission may require certain conditions to ensure that the proposed use will be compatible with the surrounding uses;and WHEREAS, Seward City Code §12.01.030 states that "No building, except a single- family residence,may be built across platted property lines";and Seward Planning and Zoning Commission Resolution No. 2023-009 Page 2 of 5 WHEREAS,the current official plat for 213 Fifth Ave shows that this lot is a combination of two lots,which means any construction would be across platted property lines; 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: According to the Land Use Allowed Table, §15.10.226, "Dwelling, apartment in a commercial building (two or more units)" is allowed within a Central Business zoning district with a Conditional Use Permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. Currently the land is vacant, and offers very little value to the adjoining properties except in its potential to be developed. The proposed construction on this parcel will add value to the adjoining properties by improving the aesthetics as well as by drawing in additional businesses and consumers. 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 3.1.1.2—Update and expand infrastructure for commercial and industrial properties that are currently undeveloped • "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." 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." Seward Planning and Zoning Commission Resolution No. 2023-009 Page 3 of 5 Strategic Plan (1999) "Promote in-fill development by encouraging and promoting construction on vacant sites in already established areas of the city"(Page 10). "Focus downtown revitalization efforts on vacant and dilapidated buildings" (Page 14) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met.Adequate water,sewer, and power are currently available to the property. The property is accessed by Fifth Ave and an alley to the west,and provides adequate access for fire,police and solid waste disposal services. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The building will be constructed following International Fire Code and International Building Code. Also,on-site parking will be provided for the nightly rental units and meet Seward City Code requirements. 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) b. Structural and Architectural stamped engineered drawings must be approved by the Building Official 2. No construction shall be permitted in the right-of way. 3. Prior to the issuance of a Building Permit, the applicant shall be required to plat the property into one parcel in accordance with Seward City Code §12.01.030, and shall furnish certified copies of the final plat to the Building Department upon application for a building permit. 4. 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. 5. A minimum of 1 parking space per guest room for each short-term rental unit will be provided for on site. Given the current plans, 3 parking spaces are required. 6. A short-term rental permit,in addition to the anticipated three(3),will not be granted unless additional parking is provided for. Seward Planning and Zoning Commission Resolution No. 2023-009 Page 4 of 5 7. All parking and maneuverability shall remain on site for the life of the use. 8. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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. 11. 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. 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 John Wisel to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave, Original Townsite of Seward, south 10 feet of Lot 13 &the north 25 feet of Lot 14, Block 9. 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. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 4. This resolution shall take effect 10 days following its adoption. Seward Planning and Zoning Commission Resolution No. 2023-009 Page 5 of 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of April,2023 TH OF S RD,ALASKA C re Sullivan, Chair AYES: Charbonneau,Ulman,Hornseth, Monaco, Staggs,Verhey, Sullivan NOES: None ABSENT: None ABSTAIN: None VACANT: None ATTEST: Brenda Ballou,MMC �n City Clerk KV- S I' ec V Pc-(City Seal) crwl- CT r C I n i rN too,s .k : ; 'VJ � -.- '� ' UNE •1•� .`� '��-eeeeeeetsot Planning and Zoning Agenda Statement Meeting Date: April 4, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-009:Application for a Conditional Use Permit to John Wisel to Construct a Mixed-Use Commercial Building with more than Two Apartments at 213 Fifth Ave, Original Townsite of Seward, South 10 feet of Lot 13 &the North 25 feet of Lot 14, Block 9; within a Central Business (CB) Zoning District. Background and justification: John Wisel has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a mixed-use commercial building with more than two apartments on his property located at 213 Fifth Ave on Original Townsite of Seward, south 10 feet of Lot 13 & the north 25 feet of Lot 14, Block 9. The intended use of the structure is to lease the bottom two-stories for office/commercial space, and to use the third story as short-term rentals. In 2020, John Wisel was granted a CUP to construct a mixed-use commercial building at 213 Fifth Ave. The conditions of the permit stated that"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." For this reason, John Wisel has been required to reapply for a CUP. Within the Commercial Business zoning district, outright allowed uses do not have specific parking requirements. All types of dwellings (except for one apartment above a commercial building) require a CUP in the Central Business District. A CUP is required for uses that are recognized as compatible within the specified zoning district provided certain conditions are met. As parking is very difficult in this area of town, this is a condition that will be required for the portion of the building used for lodging. The original parcels around 213 Fifth Avenue have been changed through platting actions at various times, leaving 213 Fifth Avenue as a combination of part of Lot 13 and Lot 14. Seward City Code §12.01.030 states that "No building, except a single-family residence, may be built across platted property lines." Since 213 Fifth Avenue is made up of the left-over portions of Lot 13 and Lot 14, any construction on the lot would occur across the platted property line. An official plat must be done to make this property into one legal lot before construction can occur. The applicant has complied with all the public hearing requirements of Seward City Code §15.01.040. 43 Surrounding Land Use and Zoning: Development Requirements. The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%), minimum buildable lot size (no requirement for a commercial building with apartments), setbacks (none), and building height (34'— see diagram on page 62 for how building height is calculated). Surrounding Land Use: All of the lots surrounding this property are zoned Central Business. There is a restaurant directly to the south, and a Church south of that. To the north, there is a restaurant within a hotel, and a fitness center. A restaurant and various shops are located to the west. Vacant lots, single family homes, and a hotel are located to the east. Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: Water, sewer, and power are already 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. Parking; According to City Code §15.10.215 — Parking, lodging is required to have 1 parking space per guest room plus the spaces for the principle dwelling unit. All three dwelling units will be used entirely as lodging. Each dwelling unit has one guest room, so 3 parking spaces will be required. If office space on the first or second story are converted into short-term rentals, the required 1 parking space per guest room will need to be provided. Parking spaces are required to be 9ft wide and 18ft long. The plan shows 3 parking spaces that meet these requirements. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 — Economic Base Plan: "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property." Vol 1, Chapter 3.1.1.2 — Update and expand infrastructure for commercial and industrial properties that are currently underdeveloped • Encourage and support downtown revitalization efforts on vacant and dilapidated buildings Vol 1, Chapter 3.2 — Land Use "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Strategic Plan: "Promote in-fill development by encouraging and promoting construction on vacant sites in already established areas of the city" (Page 10). Focus downtown revitalization efforts on vacant and dilapidated buildings"(Page 14). 44 Staff Comments Department Comments No N/A Comment Building Department Structural and Architectural stamped engineered drawings Fire Department Must apply for building permit and meet City Building and Fire code for commercial mixed-use occupancy Public Works Applicant should consider ADA access to building. Department Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received public inquiries regarding the proposed Conditional Use Permit. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. Recommended 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) b. Structural and Architectural stamped engineered drawings must be approved by the Building Official. 2. No construction shall be permitted in the right-of-way. 3. Prior to the issuance of a Building Permit, the applicant shall be required to plat the property into one parcel in accordance with Seward City Code §12.01.030, and shall furnish certified copies of the final plat to the Building Department upon application for a building permit. 4. 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. 5. A minimum of 1 parking space per guest room for each short-term rental unit will be provided for on site. Given the current plans, there will be 3 parking spaces required. 6. A short-term rental permit, in addition to the anticipated three (3), will not be granted unless additional parking is provided for. 7. All parking and maneuverability shall remain on site for the life of the use. 8. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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 45 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. 11. 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. Recommendation Community Development Department staff recommends approval of Resolution 2023-009 granting a conditional use permit to John Wisel to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave, Original Townsite of Seward, south 10 feet of Lot 13 &the north 25 feet of Lot 14, Block 9, within a Central Business (CB) Zoning District. 46