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Home My WebLink AboutRes2013-018 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2013-18 RESOLUTION 2013-18 OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO WAYNE MOORE TO OPERATE TWO (2) EFFICIENCY APARTMENTS WITHIN A COMMERCIAL STRUCTURE IN THE CENTRAL BUSINESS ZONING DISTRICT, ON LOTS 1 AND 2, BLOCK 18, FEDERAL ADDITION AT 903 FOURTH AVENUE WHEREAS, Wayne (Luke) Moore has applied for a Conditional Use Permit (CUP) to operate two (2) efficiency apartments within a commercial structure on Lots 1 and 2, Block 18, Federal Addition; and WHEREAS, the property is located on the northwest corner of Fourth Avenue and C Street, within the Central Business Zoning District(CBD); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), "Dwelling, apartment in a commercial building (two or more units)" is allowed within the Central Business District(CBD)by Conditional Use Permit(CUP); and am. WHEREAS, having complied with the public notification process; on November 7, 2013, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit (CUP) application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to operate two (2) efficiency apartments on Lots 1 and 2, Block 18, Federal Addition, and made the following Findings of Fact: 1. 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 or shall be through the conditions. The property is located within the Central Business Zoning District (CBD). "Dwelling, apartment in a commercial building (two or more units)" is allowed with a CUP by the Land Uses Allowed Table (15.10.225). A building permit was issued in June of 2004 for an addition to the shop/garage. There was no indication within the building permit application the addition was intended to be used as apartments; therefore no Conditional Use Permit was required at the time. The applicant has stated the two efficiency Seward Planning and Zoning Commission Resolution No. 2013-18 Page 2 of 4 apartments were constructed within the addition and have been in use for a number of vsal years. While the Central Business District (CBD) does not require off street parking, Seward City Code (SCC) 15.10.215 parking does requires 1 (one) off street parking per efficiency apartment in other zoning districts. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been established or shall be through the conditions. The neighboring properties are a mix of residential and commercial uses. The parcels to the South, across C Street are zoned Auto Commercial and contain the Nazarene Church, a hotel and commercial storage units and rental business. The parcel to the West is zoned Auto Commercial and contains an annex of the hotel. The parcels to the North are zoned Central Business and contain the Wells Fargo Bank and a Murphy's Motel. The parcel to the East across Fourth Avenue is the City baseball field and is zoned Park. There is no indication the efficiency apartments have negatively impacted the value of any of adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. There is an identified community need for all types of housing in Seward. The operation of the two efficiency apartments is consistent with the Seward Comprehensive and Strategic Plans. Seward 2020 Comprehensive Plan(approved by Council,2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. Section 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 22). Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction of residential and seasonal housing at all market levels. Seward Planning and Zoning Commission Resolution No. 2013-18 Page 3 of 4 ... 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met or shall be through the conditions. Water, sewer, and power are available and in use on 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. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. There is no evidence the two efficiency apartments have caused any additional concerns to public safety, health or welfare. Adequate fire, police and solid waste disposal services are available to the property. A parking plan shall be provided at a rate of one (1) space per each efficiency apartment, two (2) spaces for the drop off/pickup repair business and two (2) spaces for the single family home. No parking concerns have been submitted 6. 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. A parking plan providing six (6) off street sites shall be submitted, approved and provided for the life of the apartments, small engine repair business and the single family home. 2. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the uses. 3. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 4. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. Seward Planning and Zoning Commission Resolution No. 2013-18 Page 4 of 4 Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a Conditional Use Permit to Wayne (Luke) Moore to operate two (2) efficiency apartments within a commercial structure at 903 Fourth Avenue; 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 7th day of November 2013. THE CITY OF SEWARD Sandie Roach', Cha' AYES: McClure, Fleming, Shaffer, Ecklund, Butts, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: One AT` E : / / J annaKinne��'M tsot R"•1,,, ty Clerk ��` o~ #, � • •• • • --sr r •• (City Seal) : ® � SEAL . • --•— !F f ........+�••• 6• ivy .,c OF AV::S