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HomeMy WebLinkAboutRes2009-004Sponsored b~~: ~~pplicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2UU9-I)4 A IZH;SOLUT[ON OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDI"1'IONAL USE PERMIT TO BLUE ROSE ENTERPRISES 'I'O R[;MODEL AND OPERATE A MUI.TI- FA'.VIILY ST'RUC'TURE, ADDING FIVE (S) ADDITIONAL, UNIT'S, FOR A TO"I'AL OF 14, LOCATED AT 30U WASHINGTON STRF,ET (HISTORICALLY KNOWN AS THE BUI('K BUILDING) WITHIN THE CENTRAL BUSINF,SS 7.ONING DISTRICT WHEREAS, Bluc Rose I?nterprises, dba Buick Apartmcnt Building, has applied for a Conditional l fse Permit (CUP) to remodel and operate the current Buick Apartmcnt Building by adding Live (~) apartment units for a rotal of lix~rtccn (14) apartments; and WHU;l2N;AS, the property is located at X00 Washington Street with a legal description of the West 50 leet of Lots Z1-23, and all of Lot 24, Block 10, Original Townsite of Setivard, within the Cenu~al Business Toning District (CBDj; and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.220, multi-family apartments are allow within the Centra] Business Zoning District (CBI)) by Conditional Use PeClnl((CUP): and WHERI?AS, the current Buick Apartment Building was built before the requirement of a Conditional Use Permit as' addressed in the Seward Zoning Code under Title ~ 1 >. 10. ~ 1 ~, Il. 'Voncont2mning lots, structures and uses: and WHEREAS, a use that was legal and did not require a Conditional Llse Permit when it was initiated. but which would now require a Conditional Use Permit under the terms of this chapter. shall be co~lsidered a legal conti~rming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10. X20. Conditional l Ise Permits; and W111?Itl?AS, having complied with the public notilication process: on February 17, 2009. the Seward Planning and %oning Commission held the required public hearing on the Conditional (Jse Permit application. NOW, THEREFORE, BE IT RI~;SOLVED by the Seward Planning andLunin~~ Commission that: Section I. In accordance with SCC ~ 15.10.320 (D), the Planning and 7.oning Commission has reviewed the applicant's request for a CUP to remodel by adding. five (5) units and operate a total of 14-mitt multi-lamily apartment building on the West ~0 legit of i.ots 21-23. all of Lot 24, Block 10. Original Townsite of Seward, and made the following Findings of Fact: Sc~nard Planning and Luning Commission Resolution 1~'0. ?009-0~ Page 2 of d 1. The use is consistent with the purpose n/'this chapter (the SewardLnaina Code) and Ilre pro/roses ojlhe zonin; rlis/rict. Finding: "phis anuiition has been established or shall he through the conditions. The property is located within the ('entral Business Toning District (CBU). Multi-lamily structures arc allowed in the Central Business District by Conditional Use Permit. This building has contained and operated nine (9) aparunenl units on the upper level and has been used as a multi-lamily structure lur more than ~0 years. 2. The value r f ncljoining propert~~ will not be si;ni~cantly impnirerl Finding: This condition has been established or shall be through the conditions. ~fhc neighboring properties contain a verity of residential and a>nunercial uses. "fhc parcels adjoining to the North arc currently owned by the National Park Service and were purchased to one day provide parking fur the proposed Mary Lowell Center. The parcels to the Earl are predominantly commercial businesses with a mis of residential aparnnents. which mainly front on Fourth Avenue. two small parcels front on Vv'ashington Street. The large, one owner lots to the south contain the parking lot and Scavicw~ Pluza building. "I~hc parcels to the West. across Third Avenue. are the commercial Orca Building, several currently vacant commercial parcels. the Qutekcak 'xlative ~l'ribc structure. and amulti-family four-plcs. All parcels arc within Che Central Business %oning District. "Chore is nu indication the rcyucstcd increase to the multi- family sU~uclure will negatively impact the value of any of adjoining properties. 3. The proposed rose is ire harnuur~~ with the Seward Conrprc~herrsfve Plan. Finding: This Condition has been met. I~herc is an identilied community need fur all types of housing in Seward, with a specific hullo to encourage downtown apartments. The operation of the multi-family structure and the additional five (~) apartment units is consistent with the Seward Comprehensive and Strategic Plans. Seward 20211 Comprehensis~e Plan (xpprus~cd by Council, 2005) ~hhc Comprchcusiyc Plan recommends continuing every effort to encourage the devclopmeut of aflurdablr housing lur Seward's growing housing needs. 3?.l? I~:xpand the opportunity lur al~lurdable, diverse. year-round housing through appropriate land use regulations. (Bullets 2 and ~) • I•;valuatc mixed commercial and residential uses in the Seward downtown business district. • L;ncouragc downtown apartments and other high density residential development. including seasonal housing at all market levels. Stratc~ic Plan (I 999) The Strategic Plan encourages the expansion and availability of alturdable. diverse, year-round _ huusin~~. (page IRl Seward Planning and %uning Cununission Resolution '~u. ?009-0~4 P•iac ; of 4 • Seward has a wide range of housing alternatives to meet the varied needs of Scward's !om, term and seasonal residents. The Su~alegic Plan also promotes residential and commercial development inside the City (pa~,e 9) • I?naxuage consU•uetion of residential and seasonal housing at all market levy-ls. 4. Puhlic Services and facilities are crdeyuate to serve the proposed use. Finding: I~his condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; ho~~~ever City staff has requested the applicant to provide anticipated load increases. 'I~he applicant has been notilied and is currently working to provide the requested information. 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 reluse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed rrse~ will not be harmful to the public sa/etv, {realth or welfare. Finding: 'this condition has been established or shall be through the conditions. Based on public comments on-site parking will be required as a condition lur the additional live (~) apartment units. Although within the Central Business District no on site parking is required by City Code the applicant has iudicatcd six (6) on site parking spaces are available. The current non-conlonning multi-family use has not been required to provide on site parking. There. is no evidence the operation of the multi-tamily sn•uctw•e and/or the addition of live (>) apartment units will cause any additional concerns to Puhlic safety. health or wcllarc. "I'he consUvction shall meet all current building and tiro code requirements and be reviewed through the building permit process. Adequate fire and police services arc available to the property. 6. Any arul aU specific conditions deemed uecessarv by the commission to fidfill flee ahoreanrntionrd conditions shall he znt by the applicant These nzgv include but crre not Irntited to meaSUYeS relcrtrve 10 aCCL'S.S, SCPeL'n/rtes Srte deVelopmG'17t~ hlrll(hrig dCti(~irh operation of flee rrse and other similar aspects related to the propose[! rrse. Based on the above findings and conclusions, approval of the CGN shall be sub,jcct to the following conditions: 1. Constructiim waste and debris shall be removed weekly and upon completion of construction project. A bear sale garbage plan shall be approved during the Building Permit process. ?. The applicant shall continue to work with staff through the building permit process to address and accomplish any reyuired upgrades to the water, sewer and/or electric utilities. >. Prior to the issuat:ce of a building permit fur the live (~) unit renwdcl. the Scw°ard Planning and Lc,nin!_! Commission Resolution No. ?U09-U-4 Pa~~e ~ old applicant shall submit a dimensioned site plan which identities the on-site parking spaces liar the additional live (~j units. and the ~~chicle ingress and egress route. 4. I~he Planning and %onin~ Commission may modify this conditional use permit if changed uses no longer cunliirm to the standards and legal requirements justifying its present approval or if~ the permitter applies for a modification to meet a deterrent development plan that conibrms to the standards and legal requirements lin~ appruvol of a conditional use permit. ~. Any proposed nxxiification plan shall he subject to the public notice and public hearing requirements of law, which shall occur only alter payment of the tiling lee established by resolution oi~the city council. Section 2. The Planning and Ionin~~ Commission lends the proposed use, subject to the above conditions satisfies the criteria liar granting a conditional use permit provided the conditions listed in Section 1. Subsection 6 arc met by the applicant, and authorizes Chc administration to issue a conditional use permit to Blue Rose Enterprises to add five (~) apartment units and to operate the multi-lamely apartment structwr with a total ol~ 14-emits within the Buick Apartment Building at the corner of Third and Washington. Section 3. the Planning and %uning Commission finds That adherence to the amditiims of this permit is paramount i^ maintaining the intent of Seward City Code Section ]5.10.320; Conditional Use Permits. and authorizes the administration to issue a conditional use permit. Additionally. the administration shall periodicalh~ conlirm the use conR~rms to the standards of its approval. -- Section 4. This resolution shall take eflrct 10 davs f~~llo~~~ing its adoption. PASSI':U AND API'ROVI?U by the Seward Plam~ing and 7.oning Commission this 1 Tr' day of Tcbruarv ?009. THE, CITY' Oh' 51~:~1'ARD ~~~-~~, Sandie Roach'. Chair AYES: IDOLS: ABSL~N"I~: ABS"hA W hACAN~I~: Al°I l?5'I `~ 4 ~ 41.__Y_~ ~- _ - __ .Ic~t~ Lewis. Cv1C<1 Cite Clerk oogooooA":mt~rat,~~*a p. a p w ;. ~+ N ~3 V" s: it ~ .... ... ......_A ,d v ems ~ Q Or '~ •.~~~... (Cit~`!i~F ~~' oo"°o e~ea^ a goo