Loading...
HomeMy WebLinkAboutRes2013-014 Sponsored by: Applicant ir.. CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2013 -14 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ALASKA ROAD BUILDERS TO EXTRACT GRAVEL, SET UP AND OPERATE AN ASPHALT PLANT ON LOTS CL AND CK, FOREST ACRES SUBDIVISION AND EASTERLY PORTIONS OF THE JAPP CREEK DRAINAGE, WITH KENAI PENINSULA BOROUGH TAX PARCEL ID NUMBERS OF 14503202, 14531038 AND 14503106, WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, Alaska RoadBuilders, Inc. has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to extract gravel from the Japp Creek drainage and establish an asphalt batch plant utilizing three lots having the legal descriptions of: Lots CL and CK, Forest Acres Subdivision, and Govt. Lot 1 of Sec 33; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225, "resource extraction, commercial surface, i.e., gravel" is allowed in the Resource Management Zoning District as a conditionally permitted use; and WHEREAS, these properties are located within the Resource Management Zoning District; and WHEREAS, the owner (Afognak Construction) of these parcels holds a current CUP for gravel extraction and has leased these parcels to the applicant, Alaska RoadBuilders, Inc; and WHEREAS, the gravel extraction for this project has taken place under the current gravel extraction CUP and is currently stockpiled on the leased Lots CL and CK, Forest Acres Subdivision, awaiting processing; and WHEREAS, the applicant has submitted an application and site plan to operate an asphalt plant on Lots CL and CK, for approximately 10 days between the end of August 2013 and the end of September 2013; and W1REAS, having complied with the public notification process, on August 20, 2013, the Seward' Planning and Zoning Commission held the required public hearing on the Conditioithl Use Permit application. Seward Planning and Zoning Commission Resolution No. 2013 -14 Page 2 j 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 a gravel extraction and asphalt plant on Lots CL and CK, Forest Acres Subdivision, and Govt. Lot 1 of Sec 33 and declared the following Findings of Fact: 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 established at the time of agenda distribution. The property is zoned Resource Management. The Resource Management Zoning District provides for "Lands, which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration." The gravel extraction operation is allowed in the Resource Management district by Conditional Use Permit from the Planning and Zoning Commission. A gravel extraction Conditional Use Permit was issued for these parcels in April 2005, no adverse impacts to adjoining properties or other properties in the area have been received in the past 8 years. The requested asphalt plant operation utilizing the extracted gravel is allowed by Conditional Use Permit as a component of a gravel extraction operation. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties are vacant and undeveloped. Minimal impact is expected for the adjoining properties. There is no indication that the approximate 10 day operation of the asphalt plant will negatively impact the value of adjoining properties. Other properties along Resurrection River have been used for gravel extraction and asphalt plant operation with no known adverse impact. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: The proposed use is not specifically mentioned in the Seward 2020 Comprehensive Plan or in the Strategic Plan (1999). However, both plans encourage ongoing and additional economic activities within the community and support flood hazard mitigation of Japanese Creek by gravel bed load removal. D. Public Services and facilities are adequate to serve the proposed use. Finding: Water, sewer, and power are not currently available to these parcels; however they are not needed for this activity. Emergency service vehicles can access the property via Dieckgraeff Road to Dimond Boulevard. E. The ro osed use will not be harmful to the public safety, health or welfare. P P Seward Planning and Zoning Commission Resolution No. 2013 -14 Page 3 it Finding: The approximate 10 day asphalt plant operation during the end of August through the end of September 2013 shall meet all local, State and Federal requirements. No harm to public safety, health or welfare is expected. 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. This Conditional Use Permit authorizes the approximate 10 day asphalt plant operation between the end of August 2013 and the end of September 2013. 2. The hours of operation shall be between lam and 7pm. 3. The asphalt plant shall be removed from the site at the end of September 2013. 4. Traffic control Plan A, shall use easement across University of Alaska property to Dimond Boulevard, out to Seward Highway on Dieckgraeff Road. saw 5. Traffic control Plan B, shall be South on Pine to Cottonwood Street, East on Cottonwood to Maple Street, North on Maple to Dieckgraeff Road and the Seward Highway. 6. Fuel storage shall only be allowed for the onsite asphalt plant operations and the storage tank shall meet all local, State and Federal laws. 7. Adequate sanitation facilities, such as portable latrines, shall be onsite and available during all periods of operation. 8. Issuance of this permit does not alleviate the applicant's responsibility to obtain all local, state and federal permits, if required. 9. 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. 10. 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 Seward Planning and Zoning Commission Resolution No. 2013 -14 Page 4 j fee established by resolution of the city council. 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, Subsection F. are met by the applicant, and authorizes the administration to issue a Conditional Use Permit for asphalt plant operation to Alaska RoadBuilders, Inc. 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 20th day of August 2013. THE CITY OF SEW • RD %NJ' J Sandi Roach', Choi AYES: Butts, McClure, Roach' NOES: Fleming, Ecklund ABSENT: Campestre ABSTAIN: None VACANT: One AT 1ST: AP V'Ir da Ballou cting . (City SO!)• .17 • • • • — w • It 10 Vt* olio ow--