HomeMy WebLinkAbout05062014 Planning & Zoning Packet Seward Planning & Zoning Commission
Meeting Packet
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May 6, 2014 Regular Meeting
City Council Chambers Beginning at 7:00 p.m.
4
Seward Planning & Zoning Commission
Regular Meeting
May 6, 2014 7:00 p.m. Lily Council Chambers
• Cindy Ecklund
Chair 1. Call to Order
Term Expires 02/17
2. Opening Ceremony
Bixler McClure
Vice Chair A. Pledge of Allegiance
Tenn Expires 02/15
Martha Fleming 3. Roll Call
Commissioner
Term Expires 02/17 4. Special Reports &Presentations
Janet Coulter A. City Administration Report
Commissioner
Term Expires 02/15 B. Other Reports, Announcements &Presentations
Christopher Edgar 5. Citizens' Comments on any subject except those items
Commissioner scheduled for public hearing. [Those who have signed in will
Term Expires 02/16
be given the first opportunity to speak. Time is limited to 2
Vacant minutes per speaker and 30 minutes total time for this agenda
Commissioner item]
Term Expires 02/16
6. Approval of Agenda and Consent Agenda. [Approval of
Vacant Consent Agenda passes all routine items indicated by asterisk(*).
Commissioner Consent Agenda items are not considered separately unless a
Term Expires 02/16 Commissioner so requests. In the event of such a request, the
item is returned to the Regular Agenda.]
Jim Hunt
City Manager
Ron Long
Assistant City Manager
Donna Glenz
Planner
Dwayne Atwood
Planning Technician
Planning and Zoning Commission Meeting Agenda
May 6, 2014 1
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first
opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing-None
B. New Business Items requiring a Public Hearing
1. Resolution 2014-07 of the Seward Planning and Zoning Commission of the City
of Seward, Alaska, granting a variance from Seward City Code 15.10.220
Development Requirements to Shoreside Petroleum, Inc., permitting an
exception to the Zoning Code maximum building height to allow four(4)40 foot
petroleum storage structures on Lot 2, Block 2, Leirer Industrial Subdivision,
located between Alameda Street and Leirer Road, within the Industrial Zoning
District Page 3
2. Resolution 2014-08 of the Seward Planning and Zoning Commission of the City
of Seward, Alaska, granting a Conditional Use Permit to Shoreside Petroleum,
Inc., to construct and operate a bulk fuel storage facility on Lot 2, Block 2, Leirer
Industrial Subdivision, located between Alameda Street and Leirer Road, within
the Industrial Zoning District Page 19
8. Unfinished Business-None
9. New Business-
A. Reschedule or Cancel the June 3, 2014 Regular Meeting Page 35
* B. April 15, 2014 Special Meeting Minutes Page 36
10. Informational Items and Reports(No action required)-
A. FEMA Region X Newsletter Page 41
B. 2014 Planning&Zoning Meeting Schedule Page 44
11. Commission Comments
12. Citizens' Comments[Limit to 5 minutes per individual-Each individual has one opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission Meeting Agenda
May 6, 2014
2
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2014-07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT
REQUIREMENTS TO SHORESIDE PETROLEUM,INC.,PERMITTING AN
EXCEPTION TO THE ZONING CODE MAXIMUM BUILDING HEIGHT
TO ALLOW FOUR(4)40 FOOT PETROLEUM STORAGE STRUCTURES
ON LOT 2, BLOCK 2, LEIRER INDUSTRIAL SUBDIVISION, LOCATED
BETWEEN ALAMEDA STREET AND LEIRER ROAD, WITHIN THE
INDUSTRIAL ZONING DISTRICT
WHEREAS, Shoreside Petroleum, Inc. has requested a variance to exceed the maximum
building height by six(6) feet, on four(4) fuel storage tanks, constructed on Lot 2, Block 2, Leirer
Industrial Subdivision within the Industrial Zoning District; and
WHEREAS, the maximum building height allowed by Seward City Code §15.10.220
Development Requirements is 34 feet; and
WHEREAS,Shoreside Petroleum,Inc.has requested the variance to construct four(4)fuel
storage tanks each with a total tank height of 40 feet; and
WHEREAS,as required by Seward City Code§15.01.040,Public Hearings,property owners
and lease holders within 300 feet of the requested variance parcel were notified of the proposed
action, and the property was posted with public notice signage; and
WHEREAS, having complied with the public notification process; on May 6, 2014, the
Seward Planning and Zoning Commission held the required public hearing on the Variance
Application and filed the following findings of fact.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1.
In accordance with SCC§15.10.325.D, the Commission shall establish a finding that all of the
following conditions have been found to exist prior to issuing a variance permit:
3
i -
Seward Planning and Zoning Commission
Resolution 2014-07
Page 2 of 6
1. The proposed action must be consistent with all of the general conditions required for a
conditional use permit. The project is consistent with all of the conditional use permit requirements
as follows:
A. The use is consistent with the purpose of this chapter and the purposes of the zoning
district.
Finding: This condition has been met.
The purpose of the Zoning Code is to promote public health, safety and general welfare by
providing for planning and land use regulations within the City. The property is within the
Industrial Zoning District. According to the Zoning Code,Land Uses Allowed Table,Fuels,
bulk storage and sales is allowed with a conditional use permit in the Industrial Zoning
District. As identified in the Zoning Code§15.10.220,b.,the purpose of the building height
standard is to prevent loss of life or excessive property damage through the inability of the
City Fire Department to reach upper stories or roofs and to help maintain the character of
neighborhoods. Although the proposed structures by definition exceed the 34 foot building
height limit,the proposal does not increase the occupied work area or change the proposed
use of the property. The proposed use as a fuel storage facility is consistent with the purpose
of the Zoning Code and the Industrial Zoning District.
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met.
The proposed storage tanks are to be located on an approximate 3.48 acre parcel that is
owned by Leirer Enterprises and has been leased to the applicant. All adjoining property is
zoned Industrial, owned by Leirer Enterprises and leased to various industrial users. The
parcels to the north contain several AVTEC Student Training Facility structures. Other
parcels nearby contain the AVTEC wind turbine,AT&T satellite station,boat repair business
and a storage facility. Further to the east lies the Alaska Railroad industrial and coal storage
area. To the west and northwest are the Alaska Railroad and Seward Highway Rights of
Way. The parcels to the south contain a storage facility and the parent company of this
expansion project, Shoreside Petroleum with several existing fuel storage tanks in place.
There is no indication the proposed structures will significantly impair the value of adjoining
industrial properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The Comprehensive Plan encourages development of land bordered by the Seward Highway,
Port Avenue,the coal transfer facility,and AVTEC industrial trades campus(3.1.1.2 bullet
1). Under both the economic development and land use goals of the Comprehensive Plan,
specific recommendations are made to continue efforts to develop industry and year round
employment in the industrial area of the community.
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Seward Planning and Zoning Commission
Resolution 2014-07
Page 3 of 6
D. Public services and facilities are adequate to serve the proposed site.
Findings: This condition has been met.
According to the Seward Fire Chief, the proposed tank structures exceed the Seward Fire
Department's capability to reach the top the structure. These concerns are noted by the
Commission, and the applicant is aware of this situation. The Commission also recognizes
that the higher levels of the structure are not intended for human habitation. The proposed
structure height does not negatively impact existing road access for emergency services
vehicle response. The development proposes additional fire hydrants within 250 feet of the
tanks in order to improve fire response services at the site. The applicant is providing an on-
site fire suppression system. Other utilities are within the abutting developed public rights of
way. The Electric Department has requested the applicant start a job order to provide a
review of available power to meet the applicant's needs and work with the department to
meet all National Electric Safety Code (NESC) regulations. No additional requests or
comments were received from other City depai tnnent heads.
E. The proposed use will not be harmful to the public safety,health or welfare.
Findings: This condition has been met.
To obtain a building permit issued by the City,the applicant is required to submit engineered
construction plans for review that meet the International Building Code as adopted by the
City Council. As required by City Code the structure shall meet all setbacks and zoning
requirements. The applicant has noted that the current plan includes fencing around the tank
containment dike only. When the site is fully developed, Shoreside would likely have
complete perimeter fencing with locked access gates. It does not appear the proposed 40 foot
height of the four (4) bulk storage tanks will be harmful to the public safety, health or
welfare.
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 to the proposed use.
1. The applicant shall obtain a current Building Permit before construction begins
on the site.
2. The applicant shall obtain all necessary Federal, State and local permits required
for construction and operation.
3. Start a Job Order and work with the Electric Department to provide the required
electric power needs.
4. The applicant shall work with the City Electric Department to meet all the
National Electric Safety Code requirements.
5. The applicant shall provide safety and security fencing for the project.
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Seward Planning and Zoning Commission
Resolution 2014-07
Page 4 of 6
6. The applicant shall also obtain and adhere to 'a Conditional Use Permit as
required by Seward City Code §15.10.225; Land Uses Allowed Table.
7. The Planning and Zoning Commission may modify this variance 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 or additional development plan that conforms to the standards
and legal requirements for approval of a variance.
8. 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.
9. Per Seward City Code§15.10.325.F.an approved variance permit shall lapse six
months from the date of approval if the variance for which the permit was issued
has not been implemented. The Commission may grant a six month extension
upon finding that circumstances have not changed sufficiently since the date of
initial permit approval.
2. Special conditions and circumstances exist which are peculiar to the land or structures
involved and which are not applicable to other lands and structures in the same district.
Finding: This finding has been met.
The existing special conditions and circumstances are in the dependency of the location of the fuel
storage tanks upon the already existing Shoreside Petroleum facility located to the South
approximately 600 feet. There are no other undeveloped parcels available in the area large enough to
meet the needs of the applicant. The height of storage tanks has been designed to meet the required
property setbacks and the International Fire Code separation requirements and still meet the
minimum storage volumes to support the community and the company's fueling needs.
3. The special conditions and circumstances were not caused by actions of the applicant.
Finding: This condition has been partially met.
The applicant, Shoreside Petroleum did develop the existing facility at the current location many
years ago. Due to the necessity of the proximity to the existing Shoreside terminal the applicant is
unable to locate the proposed storage tank facility elsewhere in the City.
•
4. Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: This finding has been met.
The requested height variance is to allow the storage tanks to exceed the maximum building height
by 6 feet. The height of the tanks has been designed to meet the fuel storage volumes needed to
support the community and the company's fueling needs and still meet the setback and fire
separation necessities of the City,State and Federal requirements. No financial gain or loss has been
considered in this review.
6
Seward Planning and Zoning Commission
Resolution 2014-07
Page 5 of 6
5. No nonconforming land uses or structures within the district were considered as grounds
for granting the requested variance.
Finding: This condition has been met.
No nonconforming structures were considered in this review.
6. The requested variance is the minimum variance necessary to permit the reasonable use of
the property.
Finding: This condition has been met.
The requested height variance is to allow the storage tanks to exceed the maximum building height
by 6 feet. The height of the storage tanks has been designed to meet the fuel storage volumes needed
to support the community and the company's fueling needs and still meet the setback and fire
separation necessities of the City, State and Federal requirements. In order to provide for the proper
access for tank truck vehicles and emergency responders, the storage tanks have been sized at the
optimal diameter to fit the site location. Increasing the diameter to gain the required volume
minimizes the space available on the parcel.
7. The requested variance will not permit a land use in a district where the use is prohibited.
Finding: This condition has been met.
The property is located within the Industrial Zoning District. The proposed use of the property as a
bulk fuel storage facility is allowed by City Code as a conditionally permitted use in the Industrial
Zoning District, and therefore the requested building height variance will not permit a land use in a
district where the use is prohibited.
Section 2.
The Planning and Zoning Commission finds the request meets the review criteria required for
granting a zoning variance, and hereby grants the request to Shoreside Petroleum for a zoning
variance from Seward City Code (SCC) §15.10.220 DEVELOPMENT REQUIREMENTS, to
exceed the maximum building height allowed by six(6)feet for the construction of four(4)40 foot
tall petroleum storage structures, on Lot 2, Block 2, Leirer Industrial Subdivision, subject to all
conditions in Section 1, Subsection F.
Section 3.
The Planning and Zoning Commission further 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 Section 15.10.325 Variances and authorizes the administration to issue a zoning
variance from Seward City Code (SCC) §15.10.220 DEVELOPMENT REQUIREMENTS, to
exceed the maximum building height allowed by six(6)feet for the construction of four(4)40 foot
tall petroleum storage structures. Additionally,the administration shall periodically confirm the use
conforms to the standards of its approval.
7
Seward Planning and Zoning Commission
Resolution 2014-07
Page 6 of 6
Section 4.
In accordance with Seward City Code§15.10.325.E. this resolution shall take effect ten (10) days
after its adoption, provided it is not rescinded, amended or appealed.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of May
2014.
THE CITY OF SEWARD, ALASKA
Cindy Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
A'ITEST:
Johanna Kinney, CMC
City Clerk (City Seal)
8
P&Z Agenda Statement
Meeting Date: May 6, 2014
of sest,
Through: Ron Long, Assistant City Manag ommunity
Development Director . 0
y-,
*cOgr,)
From: Donna Glenz, Planner*I., 144sv-t*
Agenda Item: Resolution 2014-07 granting a variance from
Seward City Code 15.10.220 Development
Requirements to Shoreside Petroleum, Inc., permitting an
exception to the zoning code maximum building height to allow
four (4) 40 foot petroleum storage structures on Lot 2, Block 2,
Leirer Industrial Subdivision, located between Alameda Street
and Leirer Road,within the Industrial Zoning District
BACKGROUND & JUSTIFICATION:
Applicant Great Northern Engineering, representing Shoreside Petroleum, Inc., has applied for a
zoning variance from Seward City Code(SCC)§15.10.220 Development Requirements, permitting
an exception to the zoning code maximum building height to allow four (4) 40 foot tall petroleum
storage structures on Lot 2, Block 2, Leirer Industrial Subdivision.
Shoreside Petroleum currently operates a bulk fuel storage operation within Leirer Industrial
Subdivision, on Lot 5, Block 2. The proposed expansion to its fuel storage terminal will bring the
facility's capacity to approximately 10 million gallons. The proposed project is scheduled to be
completed during the 2014 construction season.
SURROUNDING LAND USE AND ZONING:
The majority of the parcels within the Leirer Industrial Subdivision are large lots exceeding one
acre in size. The proposed tank development would be positioned on the southern half of the 3.48
acre parcel, leaving room for potential expansion in the future. Shoreside Petroleum's current
• facility and fuel storage tank operation, fronting Port Avenue, includes 3.28 acres. There are
several industries within the area, including vessel repair, coal shipping and seafood processing.
The Alaska Railroad is the largest single landholder with the 350 acre terminal reserve to the east.
None of the businesses or land owners in the area expressed concerns about the proposed project.
Steve Leirer of Leirer Enterprises, LLC supports the variance and signed the application as the
land owner.
Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is located
outside of any special flood hazard area areas.
Utilities: Adequate water, sewer, and power are available to the property, as well as adequate
police, fire and solid waste disposal services. At the time of this publication the Public Works
9
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Planning and Zoning Agenda Statement
Resolution 2014-07
Page2of3
Utilities: Adequate water, sewer, and power are available to the property, as well as adequate
police, fire and solid waste disposal services. At the time of this publication the Public Works
Director, Fire Chief, Building Inspector, Police Chief and Administration have expressed no
concerns for the project. The Electric Department has requested the applicant submit a job order
request to provide a review of the applicant's power needs and work with the department to meet
all the National Electric Safety Code requirements. Pipelines for the project will be placed on
private property, within established easements.
Parking:
The proposed tank farm is not expected to generate any substantial parking demand. Adequate
parking is available on site.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council 2005):
Volume I, page 18, 3.1.1.2 Bullet 1:
1' Encourage development of land bordered by the Seward Highway, Port X
Avenue, the coal pile, and AVTEC industrial trades campus
Strategic Plan (1999):
2 Recommends adjusting local development regulations where X
appropriate to encourage development that is consistent with the
economic base vision (pg 5).
3. Other (list): X
RECOMMENDED CONDITIONS:
1. The applicant shall obtain a current Building Permit before construction begins
on the site.
2. The applicant shall obtain all necessary Federal, State and local permits
required for construction and operation.
3. Start a Job Order and work with the Electric Department to provide the required
electric power needs.
4. The applicant shall work with the City Electric Department to meet all the
National Electric Safety Code requirements.
5. The applicant shall provide safety and security fencing for the project.
6. The applicant shall also obtain and adhere to a Conditional Use Permit as
required by Seward City Code §15.10.225; Land Uses Allowed Table.
7. The Planning and Zoning Commission may modify this variance 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 or additional development plan that conforms to the standards
and legal requirements for approval of a variance.
10
Planning and Zoning Agenda Statement
Resolution 2014-07
Page 3 of 3
8. 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.
9. Per Seward City Code §15.10.325.F. an approved variance permit shall lapse
six months from the date of approval if the variance for which the permit was
issued has not been implemented. The Commission may grant a six month
extension upon finding that circumstances have not changed sufficiently since
the date of initial permit approval.
Property owners and all lease holders within three hundred (300) feet of Lot 2, Block 2, Leirer
Industrial Subdivision were notified of this proposed variance. Public notice signs were posted on
the property, and all other public hearing requirements of Seward City Code §15.01.040 Public
Hearings were complied with.
At this time of publication of this report, staff has received no public comments. If any comments
are received after this publication, they will be presented as a lay down to the Commission and the
public at the May 6, 2014 meeting.
RECOMMENDATION:
Based on the findings provided in Resolution 2014-07, staff recommends granting a variance from
Seward City Code 15.10.220 Development Requirements to Shoreside Petroleum, Inc., permitting
an exception to the zoning code maximum building height, to allow four (4) 40 foot petroleum
storage structures on Lot 2, Block 2, Leirer Industrial Subdivision, located between Alameda
Street and Leirer Road, within the Industrial Zoning District. Resolution 2014-07 includes the
conditions recommended above.
11
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PROJECT NO. .
RECEIVED
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trec76013MICE
Per CO'' ‘ V1vi
CITY OF SEWARD
COMMUNITY DEVELOPMENT OFFICE
P.O. Box 167 Seward, Alaska 99664
(907) 224-4048
APPLICATION FOR ZONING VARIANCE
This completed application is to be submitted to the Community Development Department no later than
three(3) weeks in advance of the next regularly scheduled Planning&Zoning Commission meeting held
the first Tuesday of each month. The application must be accompanied by the applicable fees
established by city resolution; and if property is already developed, an as-built survey prepared by a
surveyor registered in the State of Alaska; or scaled site plan of undeveloped land which shows: a)
property dimensions; b) location and dimensions of existing and planned buildings; c) parking
configuration; d) driveways/access; e) natural features; f) variance requested; and g) other pertinent
information.
Applicant: 4,12...E5.1 Pir o *
Address: 2Io Et<,:r tz,b A-4 Telephone No.: 901- s
Property Owner(if other than applicant): t2Zg- SPg)5CZ:S_____
Address: 3 6 to Voi/d4 Sr- ANC 59$Telephone NO.: 56 3- (575';
Property Address: I Pjil.. ix"g.ER, f? Lot Size: 3.&f7 a SF)
Lot 7 . Block 41' Subdivision 1,15112Z-12. bj Tax Parcel No. 145 -Z5-036,
A. Variance Request for: H-e&wt- 0 17,7■114-4;
B. The existing situation is: o t eamTr OM to r- T—
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1W re-CA T }4PrS 111Q14-C MO VA t3
C. Granting this variance would permit: e „gam S V
t 'TO e d a tem
D. What structures are located on the property?
E. What is the existing use of the property? \JAcCA-t%Ir Pl2iNtaUSL-1, oper crogAA
F. What is the proposed use of the property? 3 a.
G. What is your development time schedule? 0 19 7,0 fr;
Variance Application 3/00 Page 1 of 3
. • 14
6
The Planning & Zoning Commission may only grant a variance if the Commission finds all of the
following conditions are met. Each condition must have a response in as much detail as it takes to
meet the condition. Please use additional paper if there is not enough room here for your response.
Failure to document your case reduces the likelihood of your variance being granted.
The applicant hereby alleges that:
1. The proposed action is consistent with all of the general conditions required for a conditional use
permit as follows:
a. The use is consistent with the purpose of the Zoning Code and the purposes of the zoning
district: g— Iccr$ c . ...,a .
b. The value of the adjoining property will not be significantly impaired:
5 a
c, The proposed use is in harmony with the Seward Comprehensive Plan:
S .' - avai
d. p3,tblic services and facilities are adequate to serve the proposed use:
—Z>W' MIA L 4t-A0fr.
e.The proposed use will not be harmful to the public safety,health or welfare:
2. Special conditions and circumstances exist which are peculiar to the land or structures involved and
which are not applicable to other lands and structures in the same district. These special conditions
are:
ATI—Pre„,t7tVrt
3. The special conditions and circumstances have not been caused by actions of the applicant in that:
' tad
4. Financial hardship or inconvenience shall not be a reason for granting a variance in that:
5. Other nonconforming land use or structures within the district shall not be considered grounds for
granting a variance in that: Atro-r44—zY) QFT
6. The variance granted is the minimum variance that will make possible a reasonable use of the land,
building or structure in that:
awn irt...AiL-1
Variance Application 3/00 Page 2 of 3
•
15
7. Granting the variance will not permit a use that is not otherwise permitted in the district in which
the property has in that L ; 0 1b:Ai
I hereby certify that all statements and other information submitted are true and accurate to the best
of my knowledge, and that I, as applicant, have the following legal interest in the property: _Owner
of record; Lessee; Contract Purchaser; t4uly authorized to act for a person who has the
following legal interest: -- the owner of record knowledgeable ..___of this
application if I am not the owner. I understand that the variance fee is non-refundable to co -r the
cost associated with processing this application and that it does not assure approval of the Id:nce.
Applicant's Signature: Property Owner's Signature p i .Enc: Fee: $250 ( ) paid Site plan (v( Location Map (/ As built survey (/
Variance Application 3/00 Page 3 of 3
- • 16
* RECEIVED
GlIEAT
JLTIIEnN 137 E. Arctic Avenue Per „1
Palmer, Alaska 99645
(907) 561-0200 Anchorage
E tIP1(EI1P1G, (907) 745-6988 Palmer
(907) 745-0591 Fax
gnet imtaonline.net E-Mail
Shoreside Petroleum Inc—Bulk Storage Facility
GNE#14006
Responses to Questions Regarding Conditions for Granting Variance:
Ia) The lot under consideration for development is located in the Leirer Industrial Subdivision.
Properties in this subdivision are zoned as Industrial per the City of Seward Zoning Map.
lb) This project consists of bulk storage tanks to supply the current Shoreside Petroleum Terminal
operations.The addition of tankage on this property should have no appreciable effect on the
property values of adjoining properties. All of the lots adjacent to this site are within the Industrial
Zoning classification.
1c) This project conforms with the Seward Comprehensive Plan by utilizing land designated as
Industrial,as well as siting the project adjacent to the existing Bulk Fuel Storage facility.This
consolidates the storage to a specific area within the Industrial district. This project fosters
economic development in the community while providing adequate protections for the public and
the environment.
1d) There is adequate electrical utility power near the property,as well as access to the site for Fire
Response/Suppression. There is currently no need for city water or sewer,but those utilities appear
to be available as required in the future.
le) The bulk fuel storage facility will be designed and constructed in accordance with Industry
Standards,Alaska State Statues,as well as all applicable Federal requirements. The tanks will be
constructed in accordance with API 650,Welded Steel Tanks for Oil Storage.The conformance to
API 650 is an Alaska Statutory requirement.The tanks will be installed within a secondary
containment structure that will contain 110%of the largest storage tank as per the Code of Federal
Regulations,40 CFR 112.The tanks also are constructed with integral tank bottom leak detection.
2) There are no special conditions that apply to this lot in particular that we are aware of.Most of the
lots Zoned as Industrial would serve as appropriate locations for this facility.The only exception
would be the fact that this lot allows for interconnected POL piping between the existing terminal
and new facility with a minimum amount of utility crossings.
3) There are no special conditions that apply to this lot in particular.
4) There is not a financial hardship or inconvenience that applies in regards to this application for
Zoning Variance.The only variance requested is to allow for a total tank height of nominally 40
feet.
5) There are valid reasons for tanks of 40 feet tall to be constructed.In this case,the property setbacks
required by the International Fire Code dictate how far from a property line(or opposite side of a
public way)the tanks can be located.In order to provide for good access for tank truck vehicles and
fire responders,the tanks are sized at the optimal diameter to fit the site.There is an operational
need for the minimum storage volumes as it relates to the size of fuel receipt vessels.Increasing the
diameter to gain the required volume minimizes the space available for future developments and
road access. This is in accordance with various industry design standards including:API 2610
17
Design,Construction,Operation,Maintenance,and Inspection of Terminal and Tank Facilities,
Chapter 7 Fire Prevention and Protection.
6) The minimum variance that is reasonable is an allowance for a tank height of 40 feet as per the
previous response.
7) Granting a variance for this request will not alter the land use permitted in this Industrial District.
The Zoning for this district allows for uses of this type and providing a variance for the height of the
tanks would not affect that.
18
Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2014-08
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO SHORESIDE PETROLEUM, INC., TO
CONSTUCT AND OPERATE A BULK FUEL STORAGE FACILITY ON
LOT 2, BLOCK 2, LEIRER INDUSTRIAL SUBDIVISION, LOCATED
BETWEEN ALAMEDA STREET AND LEIRER ROAD, WITHIN THE
INDUSTRIAL ZONING DISTRICT
WHEREAS, Shoreside Petroleum, Inc. has requested a Conditional Use Permit (CUP) to
construct and operate a bulk fuel storage facility on Lot 2, Block 2, Leirer Industrial Subdivision
within the Industrial Zoning District; and
WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Fuel, bulk
storage and sales, is allowed within the Industrial Zoning District (I)by CUP; and
WHEREAS, Shoreside Petroleum (Harbor Enterprisers, Inc.) has been a supplier of fuel
oils in Seward since before the 1964 Earth Quake; and
WHEREAS, due to the history of the business being in operation before zoning in
Seward there is no Conditional Use Permit currently in place; and
WHEREAS, a historic photo review shows that in 1972 fuel tanks and a structure were
located on a parcel north of Port Avenue, the current location of Shoreside Petroleum bulk plant
and offices; and
WHEREAS, the applicant applied for and received a zoning variance (Resolution 2014-
07) to allow four (4) 40 foot tall bulk fuel storage tanks on Lot 2, Block 2 Leirer Industrial
Subdivision subject to conditions; and
WHEREAS, Seward City Code§15.10.325 Variances, (D) Review criteria, (1) states the
proposed action must be consistent with all of the general conditions required for a conditional
use permit; therefore the findings stated herein are very similar to those presented in variance
Resolution 2014-07; and
WHEREAS, having complied with the public notification process; on May 6, 2014, the
Seward Planning and Zoning Commission held the required public hearing on the Conditional
Use Permit application.
19
Seward Planning and Zoning Commission
Resolution No. 2013-14
Page 2
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 expand, construct and operate a Fuels, bulk storage
•
and sales 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 met.
The purpose of the Zoning Code is to promote public health, safety and general welfare
by providing for planning and land use regulations within the City. The property is
within the Industrial Zoning District. According to the Zoning Code, Land Uses Allowed
Table, Fuels, bulk storage and sales is allowed with a conditional use permit in the
Industrial Zoning District. The proposed project requires a building permit, as well as
numerous State and Federal permits. The project will also undergo a rigorous inspection
program under the requirements of the American Petroleum Institute. The proposed use
as a fuel storage facility is consistent with the purpose of the Zoning Code and the
Industrial Zoning District.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met.
The proposed storage tanks are to be located on an approximate 3.48 acre parcel that is
owned by Leirer Enterprises and has been leased to the applicant. All adjoining property
is zoned Industrial, owned by Leirer Enterprises and leased to various industrial users.
The parcels to the north contain several AVTEC Student Training Facility structures.
Other parcels nearby contain the AVTEC wind turbine, AT&T satellite station, boat
repair business and a storage facility. Further to the east lies the Alaska Railroad
industrial and coal storage area. To the west and northwest are the Alaska Railroad and
Seward Highway Rights of Way. The parcels to the south contain a storage facility and
the parent company of this expansion project, Shoreside Petroleum with several existing
fuel storage tanks in place. There is no indication the proposed structures will
significantly impair the value of adjoining Industrial properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The Comprehensive Plan encourages development of land bordered by the Seward
Highway, Port Avenue, the coal transfer facility, and AVTEC industrial trades campus
(3.1.1.2 bullet 1). Under both the economic development and land use goals of the
Comprehensive Plan, specific recommendations are made to continue efforts to develop
20
Seward Planning and Zoning Commission
Resolution No. 2013-14
Page 3
industry and year round employment in the industrial area of the community.
D. Public Services and facilities are adequate to serve the proposed use.
Findings: This condition has been met.
According to the Seward Fire Chief, the proposed tank structures exceed the Seward Fire
Department's capability to reach the top the structure. These concerns are noted by the
Commission, and the applicant is aware of this situation. The Commission also
recognizes that the higher levels of the structure are not intended for human habitation.
The proposed structure height does not negatively impact existing road access for
emergency services vehicle response. The development proposes additional fire hydrants
within 250 feet of the tanks in order to improve fire response services at the site. The
applicant is providing an on -site fire suppression system. Other utilities are within the
abutting developed public rights of way. The Electric Department has requested the
applicant start a job order to provide a review of available power to meet the applicant's
needs and work with the department to meet all National Electric Safety Code (NESC)
regulations. No additional requests or comments were received from other City
department heads.
E. The proposed use will not be harmful to the public safety, health or welfare.
Findings: This condition has been met.
To obtain a building permit issued by the City, the applicant is required to submit
engineered construction plans for review that meet the International Building Code as
adopted by the City Council. As required by City Code the structure shall meet all
setbacks and zoning requirements. The applicant has noted that the current plan includes
fencing around the tank containment dike only. When the site is fully developed,
Shoreside would likely have complete perimeter fencing with locked access gates. It
does not appear the proposed expansion and operation of the four (4) bulk fuel storage
tanks will be harmful to the public safety, health or welfare.
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 obtain a current Building Permit before construction
begins on the site.
2. The applicant shall obtain all necessary Federal, State and local permits
required for construction and operation.
21
Seward Planning and Zoning Commission
Resolution No. 2013-14
Page 4
3. The applicant shall start a Job Order and work with the City Electric
Department to provide the required electric power needs.
4. The applicant shall work with the City Electric Department to meet all the
National Electric Safety Code requirements.
5. The applicant shall provide safety and security fencing for the project.
6. The Planning and Zoning Commission may modify this CUP 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 or additional development plan that conforms to the standards and
legal requirements for approval of a CUP.
7. 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.
8. 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. The Commission may grant a six month extension upon
finding that circumstances have not changed sufficiently since the date of
initial permit approval.
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 construction and operation of a four(4) tank
bulk fuel storage facility on Lot 2, Block 2, Leirer Industrial Subdivision within the Industrial
Zoning District, as generally depicted on site plan received on 4/24/2014 and included with this
Resolution.
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.
22
Seward Planning and Zoning Commission
Resolution No. 2013-14
Page 5
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of
May 2014.
THE CITY OF SEWARD
Cindy Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Johanna Kenney, CMC,
City Clerk
(City Seal)
23
P&Z Agenda Statement
Meeting Date: May 6, 2014
of sets,
Through: Ron Long, Assistant • : • :; /Community
-de
Development Director ) vie 9-1 0
IPA
From: Donna Glenz, Planner
Agenda Item: Resolution 2014-0% granting a CUP to
Shoreside Petroleum to construct and
operate a bulk fuel storage facility on Lot 2, Block 2, Leirer
Industrial Subdivision, located between Alameda Street and
Leirer Road, within the Industrial Zoning District
BACKGROUND & JUSTIFICATION:
Applicant Great Northern Engineering, representing Shoreside Petroleum, Inc., has applied for a
Conditional Use Permit (CUP) to construct and operate a bulk fuel storage facility on Lot 2, Block
2, Leirer Industrial Subdivision within the Industrial Zoning District. In accordance with the Land
Uses Allowed Table §15.10.225, Fuel, bulk storage and sales, is allowed within the Industrial
Zoning District (I) by CUP.
Shoreside Petroleum (Harbor Enterprisers, Inc.) has been a supplier of fuel oils in Seward since
before the 1964 Earth Quake. Due to the history of the business being in operation before zoning
in Seward there is no Conditional Use Permit currently in place.
Shoreside Petroleum currently operates a bulk fuel storage operation within Leirer Industrial
Subdivision, on Lot 5, Block 2. The proposed expansion to its fuel storage terminal will bring the
facility's capacity to approximately 10 million gallons. The proposed project is scheduled to be
completed during the 2014 construction season.
SURROUNDING LAND USE AND ZONING:
The majority of the parcels within the Leirer Industrial Subdivision are large lots exceeding one
acre in size. The proposed tank development would be positioned on the southern half of the 3.48
acre parcel, leaving room for potential expansion in the future. Shoreside Petroleum's current
facility and fuel storage tank operation, fronting Port Avenue, includes 3.28 acres. There are
several industries within the area, including vessel repair, coal shipping and seafood processing.
The Alaska Railroad is the largest single landholder with the 350 acre terminal reserve to the east.
None of the businesses or land owners in the area expressed concerns about the proposed project.
Steve Leirer of Leirer Enterprises, LLC supports the variance and signed the application as the
land owner.
Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is located
outside of any special flood hazard area areas.
24
Planning and Zoning Agenda Statement
Resolution 2014-07
Page 2 of 3
Utilities: Water, sewer, and power are available within the adjacent rights of way, as well as
adequate police, fire and solid waste disposal services. At the time of this publication the Public
Works Director, Fire Chief, Building Inspector, Police Chief and Administration have expressed
no concerns for the project. The Electric Department has requested the applicant submit a job
order request to provide a review of the applicant's power needs and work with the department to
meet all the National Electric Safety Code requirements. Pipelines for the project will be placed
on private property, within established easements.
Parking:
The proposed tank farm is not expected to generate any substantial parking demand. Adequate
parking is available on site.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council 2005):
Volume I,page 18, 3.1.1.2 Bullet 1:
1. X
Encourage development of land bordered by the Seward Highway, Port
Avenue, the coal pile, and AVTEC industrial trades campus
Strategic Plan (1999):
2 Recommends adjusting local development regulations where
. X
appropriate to encourage development that is consistent with the
economic base vision (pg 5).
3. Other (list): X
RECOMMENDED CONDITIONS:
1. The applicant shall obtain a current Building Permit before construction begins
on the site.
2. The applicant shall obtain all necessary Federal, State and local permits
required for construction and operation.
3. The applicant shall start a Job Order and work with the City Electric
Department to provide the required electric power needs.
4. The applicant shall work with the City Electric Department to meet all the
National Electric Safety Code requirements.
5. The applicant shall provide safety and security fencing for the project.
6. The Planning and Zoning Commission may modify this CUP 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 or
additional development plan that conforms to the standards and legal
requirements for approval of a CUP.
7. 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.
25
Planning and Zoning Agenda Statement
Resolution 2014-07
Page 3 of 3
8. 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. The Commission may grant a six month extension upon
finding that circumstances have not changed sufficiently since the date of initial
permit approval.
Property owners and all lease holders within three hundred (300) feet of Lot 2, Block 2, Leirer
Industrial Subdivision were notified of this proposed variance. Public notice signs were posted on
the property, and all other public hearing requirements of Seward City Code §15.01.040 Public
Hearings were complied with.
At this time of publication of this report, staff has received no public comments. If any comments
are received after this publication, they will be presented as a lay down to the Commission and the
public at the May 6, 2014 meeting.
RECOMMENDATION:
Based on the findings provided in Resolution 2014-08, staff recommends granting a Conditional
Use Permit for the construction and operation of four (4) 40 foot petroleum storage structures on
Lot 2, Block 2, Leirer Industrial Subdivision, located between Alameda Street and Leirer Road,
within the Industrial Zoning District. Resolution 2014-08 includes the conditions recommended
above.
26
CITY OF SEWARD Community Development
P.O.Box 167 907.221.1049 907.224.4038 fax
410 Adams Street
Serd,Alaska 99664 RECEIVED
PIAR 1 3 26
Gev,-1 ae.A./
rer
CONDITIONAL USE PERMIT APPLICATION*
This completed application is to be submitted to the Community Development Department no later than
three(3)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting.
Regular meetings are held the first Tuesday of each month.The application must be accompanied by
the$250 filing fee. In addition,please provide an as-built survey if the property has been developed or a
scaled site plan with elevations if the property is undeveloped.
Applicant: S.4413 Ct e- PeneoLevyt ,
Address: Si 01 IP•61- Avc At.icirt A-4-
i
Telephone Number: 4101-3119- 4157/ Email: 04 , .510 P4
Property Owner(if other than applicant): 1.--o ce•re- arrp-,Ttl,etsc-s
Address: 3o Vatiati P,f-JC.44 ) fit 6(15-6b
Telephone Number: t 01-5 63— 6 97 5 Email:
Property Description
Address: / 2..- L -Ct Lot Size:
Lot:, 2- Block: 1- Subdivision: 1....1* -5t.P610
Kenai Peninsula Borough Tax Parcel ID Number: ttic 7 5 03 ka
Development Information
What structures are on the property? NI
How is the property being used? \/A-CIAJJ1-
What is the proposed use of the property? i et, Sttok-et
What is the development timeline? '2.
Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use
Permit,it shall be established that the proposed use satisfies the following conditions of Seward ,
City Code 15,10.320(See the attached pages for specific City Code requirements)
27
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district.Please describe the use.
Lo-r 4, -3‘ -Vit 5 „
\J dTA
.4._ - • g- 6 8 A.1
S rtWit:- a &AA 44-1,1D
Lb A 2-- 1-fd-
B) Describe any impacts to the adjoining properties and how property values may be affected.
M kw Afil. At ot'Jt 1114
°L1,44) V Ce— a at A ta
t-OrAlf)#.144 f2art4e— 1 c.. S tr Pee, MA ArPflili/A
' P #04 LA AtiAt A P /Awes h44o
C) How is the proposed use consistent with the Seward Comprehensive Plan?Explain.You can
view the plan at: htto://www.citvofseward.us/
t5 .01.• 5 te.rFili- ■_aot iAtu un i .
14. A.A.; -TO AJV
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47;
ironsbtr,‘ oz4tv-c2to).) ruo- poopti. rviket. ouvigew
D) Describe I list the public services and facilities that will serve the proposed use.(i.e., roads,
utilities.)
V
vn ni
E) The proposed project or use must not be harmful to the public health,safety and welfare.
Describe any mitigation measures that may be needed to protect the public health,safety and
welfare.
Sxi 4.1. eAs ... a •• At 114...1.
W. A ;;1- daiNMEIM'
F) Include building elevation plans and a site plan,drawn to scale.The site plan should include:
1)Property dimensions
2)Location and dimensions of existing and planned buildings
3)Parking configuration
4)Driveways and access
5)Natural features
6 Other .ertinent information
28
I hereby certify that the above statements and other information submitted are true and accurate
to the best of my knowledge and that I have the following legal interest in the property:
. ( )Owner of record
( )Lessee
( )Contract purchaser
(Authorized to act for a person who has the following legal interest: LE,SS-e-6
I understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
7 Zoning Commission meeting.Regular m etings are held the first Tuesday of every month.
Applicant Signature:
)-.
Property Owner Signature:
Enclosed:
$250 Payment ( )
Dimensioned plot plan/drawings (i4
Other: ( )
29
doGREAT NORTHERN
ENGINEERING
April 10t,2014
GNE# 14006
Applicable Codes and Regulatory Requirements
Shoreside Petroleum Inc.
Seward Tank Farm Expansion Project
The goal of this project is to expand the fuel storage capacity of the facility for both
Diesel and Gasolinelroducts. The project would incorporate four�4)new tanks that are
interconnected with steel welded piping and valves within a concrete secondary containment
dike. These tanks will provide source fuel for the existing Truck Loading Rack at Shoreside
Petroleum's terminal facility. The new tank expansion would be supplied by four(4)new
welded steel fuel pipelines that would be routed from the existing tank farm facility to the new
facility, approximately 600 feet to the North. This facility would be constructed in accordance
with a myriad of Construction Codes and Regulatory requirements. The following outline
provides a listing of various segments of the project and which industry adopted standard,code
or regulatory requirement governs that portion of the work.
Fuel Storage Tanks: The bulk fuel tanks are sized to provide the necessary storage capacity to
support the community and company's fueling needs via the facility Truck Loading Rack.
Aromatic product tanks will incorporate an internal floating roof assembly to limit vapor
emissions from the tank. The tanks are constructed of welded carbon steel plate and structural
steel and have been designed to withstand the loads associated with hydrostatic pressure, snow,
wind,and seismic events in accordance with the regulatory requirements. These tanks undergo a
rigorous inspection program under the requirements of the American Petroleum Institute.
Tank Design,Fabrication, Inspection and Testing:. API 650 Welded Steel Tanks for Oil
Storage
Seismic Analysis: API 650 Welded Steel Tanks for Oil Storage, Appendix E and
American Society of Civil Engineers, ASCE-07
Tank Leak Detection: API 650 Welded Steel Tanks for Oil Storage,Appendix I, Publ 334
Tank Bottom CP: API 651 Cathodic Protection of Aboveground Storage Tanks
GNE14006 Rev A Shoreside Petroleum Inc
April 9,2014 Seward Tank Farm Facility
30
Tank Bottom Linings:API 652 Lining of Aboveground Petroleum Storage Tanks
Overfill Prevention: API RP2350 Overfill Prevention for Petroleum Tanks in Petroleum
Facilities
Tank Venting: API 2000 Venting Atmospheric and Low Pressure Storage Tanks
Fire Protection: The site is located so as to allow for good fire responder access. The lot has
road access along the East side and adequate space for fire response trucks and other equipment
surrounding the facility on the other three sides. Shoreside currently plans to extend the existing
water service to the lot and install a minimum of two new fire hydrants. In addition, a perimeter
fire line would be installed around the tank farm that would provide fire department connections
in multiple places and riser nozzles for hose connections all around the perimeter of the
containment area.
Property Setbacks and Tank Spacing: 2009 International Fire Code (IFC Chapter
34), NFPA 30 Flammable and Combustible
Liquids Code
Water main Extension/Hydrants: NFPA 24 Installation of Private Fire Service
Mains and Their Appurtenances
Tank Fire Protection: API 2021 Management of Atmospheric
Storage Tank Fires,
Facility Support Infrastructure: The support infrastructure for the facility would include the
fuel pipelines, valves, electrical systems, structural components, and site drainage.
Petroleum Pipelines to Facility: ASME B31.4 Pipeline Transportation
Systems for Liquid Hydrocarbons
Petroleum Pipelines within Facility: ASME B31.3 Process Piping
Electrical Service: NFPA 70(National Electric Code)
Facility Electrical System: API 500 Recommended Practice for
Classifications of locations for Electrical
Installations at Petroleum Facilities
Classified as Class I, Div 1 and Div 2.
GNE14006 Rev A Shoreside Petroleum Inc
April 9, 2014 Seward Tank Farm Facility
31
API 540 Electrical Installations in
Petroleum Processing Plants
Electrical System Grounding_ API 2003 Protection Against Ignition
Arising Out of Static, Lightning, and Stray
Currents
Concrete Foundations and Slabs: ACI-318 Building Code Requirements for
Structural Concrete and Commentary
Structural Steel Walkways and Supports: AISC-335 Specifications for Structural Steel
Buildings
AWS DI.1 Structural Welding Code
Steel Coatings: NACE/SSPC Steel Structures Painting
Manual
GNE14006 Rev A Shoreside Petroleum Inc
April 9,2014 Seward Tank Farm Facility
32
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DWG NO. REV.
14006
PROJECT NO
MEMORANDUM
City of Seward
4asY-17-
Community Development
Date: May 6, 2014
To: Planning and Zoning Commission
Through: Donna Glenz, Planner der
From: Dwayne Atwood, Planning Technician'1) (
Subject: Discussion and Direction for the June 3, 2014 Planning and Zoning
Commission Regular Meeting.
City Planner Donna Glenz and Planning Technician Dwayne Atwood will be traveling
out of state for training and will be unavailable for the June 3, 2014 Planning and Zoning
Commission Regular Meeting.
Staff suggests the Commission consider canceling the meeting or rescheduling the June 3
meeting to June 17, or another appropriate date.
In addition, the regularly scheduled quarterly joint work session with the Seward Bear
Creek Flood Service Area Board is scheduled for Tuesday, June 3, from 6:00 to 6:50 p.m.
Staff intends to reschedule the work session following consultation with the flood board
staff.
Recommendation: The Commission cancel the June 3, 2014 Planning and Zoning
Commission Regular Meeting or reschedule to June 17.
35
City of Seward,Alaska Planning Commission Minutes
April 15, 2014 Volume 7, Page 79
Call to Order
The April 15, 2014 Special Meeting of the Seward Planning & Zoning Commission was
called to order at 7:01 p.m. by Chair Cindy Ecklund.
Opening Ceremony
Commissioner Edgar led the Pledge of Allegiance to the flag. ,
Roll Call
There were present:
Cindy Ecklund presiding, and
24,„
Bixler McClure Christoph' •ar •
%
Martha Fleming Janet Coulter( / at 7:05)
comprising a quorum of the Comm
//
Donna Glenz,City Mad*
Dw, ood, Planni chnician'
City Administratio ort
City Planner Donn •• •- • ission on the following business items:
// /'e
• ///City Pub ks D ent had recently reported that a flood mitigation project for
Dairy Hill ar-:ts full - "II. The contractor, Metco Inc., was scheduled to begin
setween April f> 20, 2S; ', dependent upon weather.
• The /ic Works Dc,/, ment planned to begin construction of a new water storage tank
by the ;I', of the su er season. CRW Engineering was the contractor for the North
Seward Stor.; ' Tank and Pumping Facility. Glenz noted the Conditional Use
Penult was si 4a to come before the Commission soon.
• The U.S. Arm/' orps of Engineers had recently inspected the Lowell Creek diversion
tunnel and wa preparing a report to provide details of any damage.
• A downtown sidewalk improvement project was scheduled to begin within the next few
weeks, dependent on weather.
• The City of Seward planned to build a new restroom facility at the Seward Marine
Industrial Center. The project was to be completed by June 1, 2014.
• Glenz reported that the City Manager and Assistant City Manager had recently traveled to
Washington, D. C. and Juneau on City business.
36
City of Seward,Alaska Planning Commission Minutes
April 15, 2014 Volume 7, Page 80
* The Community Development Department was to participate in the annual Permitting &
Agency Information Day on April 17. The event was scheduled for 11 a.m. to 3 p.m. in the
Seward Community Library&Museum.
Commissioner Janet Coulter arrived at 7:05 p.m. to participate in the meeting.
Ecklund asked if City staff would be able to answer public questions about mobile vendor permits
during the upcoming Permitting &Agency Information Day.
Glenz affirmed staff would be available to answer questions, ba on the proposed City code
changes. The required policies and procedures for mobile vendo .t yet been completed.
Other Reports, Announcements & Presentations—Non
/
Citizens' Comments on any subject except those i s scheduled for Publf lring—None
/
Approval of Agenda and Consent Agenda
Motion (Fleming/McClure) Approv:� ::, Agenda and Consent Agenda
Motion Passed //// a nimous
The following items were approved on the 4ise/
g pp r�
April 1,2014 • lar ng Minutes/��y�
Unfinished Business It• equi I a Public He g—None Fy
New Busin <; ;i uirin blic t —
olution 2014 , 'f the " g and Zoning Commission of the City of
d, Alaska, r // ! City Council amend portions of Seward City
Co$f/ 15.10.140. / Definitions, §15.10.225 Land Uses Allowed and
§15,1 . %/Land Us= llowed Table; to allow Mobile Vendors and Roving
Vendors IT'I •erat j i n City-owned property (as designated) and within
public righ
z explained the istory of the resolution and the direction that had been given by City
p y g Y Y
Council. Several work sessions were held during the drafting of the proposed City code provisions.
Glenz noted the City attorney had reviewed the Ordinance as presented.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened. There were no requests to be heard and the public hearing was
closed.
37
City of Seward,Alaska Planning Commission Minutes
April 15, 2014 Volume 7, Page 81
Motion (Fleming/McClure) Approve Resolution 2014-06
Fleming asked City Harbormaster Mack Funk and Parks and Recreation Department Director
Karin Sturdy, who were present in the audience, if they would discuss the potential mobile vendor
sites they might select in the marine and Waterfront Park areas.
Funk directed the Commission and audience to a map, pointing out two locations that he had
chosen in the Seward Marine Industrial Center area.
asked if the vendors were required to leave the assigne, _ ons at the end of each day
of operation. Funk said vendors were required to vacate the • ` le ve sites after hours.
/� FF
Sturdy pointed out the location of the various ro ose� �"
y p p p "`s acluding two' es near the South
Harbor Uplands and three possible sites in the campi Viarea adjacent to Ballam , levard.
Ecklund asked if the mobile vendor spaces in the Sou , * -�<,•ds were parki c'> spaces.
j
Sturdy said the land in that area was use* rimarily as park o any spaces dedicated to mobile
vending were dedicated as parking. Stun% � .ed that the So i'',; arbor Uplands was not being
considered for firewood vendors. ����/�
Ecklund, with the consent of the Commissionel. . ' ;h : allow members of the public to
ask questions.
,e
Local business owne, ;� Zernia . :-d if the spac,, on the uplands included paid parking.
•Sturdy noted the South ` • ^` `ude paid parking. She also explained that
customers /%%% l; ited t• upying a with a vehicle for a maximum of 30 minutes.
The siz/e, e vens • s we ' o still under discussion.
/fir:; ,
Eck ncT(- the consent • i- Co /sion, reinstated the meeting rules.
Sturdy provi 11 ore infor on regarding the potential location of mobile vendor spots in the
area of Waterfro%% k bets/ Monroe Street and Jefferson Street.
Ecklund asked if eithe 14' urdy or Funk had done any work on a proposed mobile vendor site for
Washington Street.
Funk and Sturdy indicated they had not worked on a mobile vendor location for Washington
Street.
In response to Ecklund, Glenz said the City Clerk's office would help to develop the policy and
procedures for mobile vendor operation, as well as issuing the permits.
38
City of Seward,Alaska Planning Commission Minutes
April 15, 2014 Volume 7, Page 82
Fleming asked how vendors would be regulated and inspected for permits.
Glenz said competing vendors would probably contact the City if an operator violated the rules.
Glenz said it was common for operators, citizens and other City staff to infomi Community
Development of compliance issues.
Motion Passed Unanimous
Unfinished Business—None
New Business Items—None
t-'
Informational Items and Reports(No action required) /
,
required)
*5,
FEMA Region X Newsletter
,,
, ,,,,,,
,,,,,-,
2014 Planning & Zoning Meeting Schedule , V,,, , // .,„.
/
/
Permitting & Agency Informatir Day Flyer
Commission Comments /
Coulter said she appreciated the hard work$at ,,, ,,./ 7., produce the proposed mobile
vendor code amendments. , 0,%,,
Fleming said she prk,';; :-.4, the qu. 1.;:rly Plarming 411,d Zoning Commission report to City Council
on April 14. Fleming sa ri: ,- w ;0,so optimistic t 11:,'; e proposed mobile vendor code would be
successful.
f, ! -,',,•',4--,-;
McClure, anked the I ers i 1,,,:-; public who attended the meeting, as well as the staff who
.
partic*v, d in the meeti
•,,,
Ecklund sa'1,;e was please' ith the mobile vendor code progress and hoped the same success
would be real i,4f the Co fi,..sion worked on revising the current camping code.
f/./
12th, ,-er
Glenz said the prop. ile vendor code was to be introduced at City Council on May 12 , r
enactment on May 27t'
Ecklund noted that the public could provide more comment on the proposed mobile vendor code
amendments at the City Council public hearing.
Citizens' Comments-None
Commission and Administration Response to Citizens' Comments—None
39
.IIIIIIII■
City of Seward,Alaska Planning Commission Minutes
April 15, 2014 Volume 7, Page 83
Adjournment
Meeting adjourned at 7:36 p.m.
Dwayne Atwood, Cindy Ecklund
Planning Technician Chair
(City Seal)
,
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40
c, TA R R News from Regon X
Homeowner Flood Refunds for Some Policies
April 2014 The new law mandates refunds of
Volume 4.Issue 4 Insurance Affordability the excess premiums that some Pre-
Act FIRM policyholders were charged
pursuant to the requirements of
Previously called the Grimm-Waters BW12 that were revoked by the new
NFIP reform bill, President Obama law. This is small percentage of the
Inside this Issue signed the Homeowner Flood overall NFIP policy base.
Insurance Affordability Act of 2014
(HFIAA) into law on March 21. The The HFIAA Overview has many
A Homeownei Flood more details and is available for
Act repeals and modifies certain
Insurance Afforclabilit\ Act fi
provisions of the Biggert-Waters download at www.starr-team.com.
Flood Insurance Reform Act of There is also an article in a recent
IBuilding Science Toolkit 2012 (BW12), and makes additional issue of Insurance Journal that
program changes to the NFIP. summarizes the changes to the
FEMA has released a five-page NFIP: www.insurancejournal.com.
2 NORFMA News? overview that highlights the key
provisions of the law, which will be Building Science Toolkit
Primary Frontal Dune implemented in the coming months
FEMA recently released a Building
el
Factsheet and years. Here are a few highlights:
Sciences Toolkit CD that contains
New Surcharge on all NFIP Policies general information and technical
2 Washington DOE REP A new surcharge will be added to all guidance on the design and
policies to offset subsidized policies, construction of hazard-resistant
Review of Changes to the until all Pre-FIRM subsidies are buildings and the retrofit of existing
3 Policy foi Flood Risk eliminated: $25 for primary buildings to reduce the risk of
Analysis and Mapping
residences and$250 for all others. damage from flooding and other
natural hazards. The Tool kit
3 Calendar Grandfathering
assembles the most widely used
The new law repeals the part of
BW12 that eliminated FEMA publications, technical
bulletins, recovery advisories, best
grandfathering of lower risks rates,
practices,and replaces it with phased-in pr ' and evaluations and
comparisons of building codes and
premium increases when there is a
provides links to additional
new or updated Flood Insurance 13
publications on hazard resistance
Rate Map.
and design prepared by FEMA and
Gradual Premium Increases for other Federal agencies. These
Subsidized Policies documents and tools are a great
The new law requires gradual rate resource to help support mitigations
increases to properties now efforts.
receiving artificially low (or
You can order a copy of the CD to
subsidized) rates instead of
be mailed to you from the FEMA
immediate increases to full-risk
Strategic Alliance for Risk Reduction Library at www.fema.gov or
rates required in certain cases under
FEMA Region X Service Centel download the full CD from
20700 44,, Avenue West,Suite 110 BW12. Generally, the increases will
www.starr-team.com.
Lynnwood Washington 98036 not exceed 18% per year, but this is
(425)329-3699 in addition to the new surcharge.
RiskMAP
increasing Resilience Together
APRIL 2014 www.starr-team.com
41
NEWS FROM REGION X Page 2
NORFMA News even if you are not attending the Washington DOE RFP
conference.
ASFPM Conference Discount Floodplains by Design 2015-17
Recreational golfers at all skill Budget Proposal
You heard it here first! ASFPM has levels are welcome. Come In 2013 the Washington Department
agreed to extend the reduced experience the same course on of Ecology was successful in
registration fee for local officials to which elite PGA players will be securing legislative funding through
those from all NORFMA states: competing next year at the US the Floodplain by Design effort.
Alaska, Idaho, Oregon, Washington Open. Check out Chambers Bay at Ecology was given $33 million to
and British Columbia. The ASFPM www.ChambersBaygolf.com. This advance integrated floodplain
Conference registration page has links-style, Robert Trent Jones II projects in Puget Sound and an
already been updated to reflect the design is set into a hillside with additional $11 million for a
change. every hole overlooking the majestic statewide floodplain management
NORFMA thanks ASFPM's Chad marine waters of the Puget Sound. and control competitive grant
Ross and the Executive Committee NORFMA is looking for an early program.
for responding so quickly and "head count' of interested players. The Department of Ecology is now
generously to our concern. No payment is needed at this time.
soliciting preliminary proposals of
Conference Scholarships Available Interested players should contact projects in order to develop a budget
Tony Melone,tonvasfpm gmail.com.
Discounted registration not good proposal P osal for the 2015-17 biennium.
enough? NORFMA invites Primary Frontal Dune The two goals of the program are to
applications from local government Factsheet promote the reduction of flood risks
employees and elected officials for and floodplain ecosystem recovery
scholarship funds to attend the FEMA recently released a Fact while maintaining or improving
ASFPM Conference in Seattle. Sheet for Primary Frontal Dunes agricultural production, water
Scholarships are available to (PFD). A PFD is defined by the quality, and open space/recreation,
reimburse 75% of conference NFIP as a continuous or nearly and to improve the coordination of
registration fees (at the discounted continuous mound or ridge of sand public funding for floodplain efforts.
rate), as well as eligible travel and with relatively steep seaward and Submittal deadlines:
lodging costs. Funds available for landward slopes immediately
scholarships are limited and will be landward of and adjacent to the • May 23, 2014: Preliminary
awarded on a first-come, first-served beach. The Factsheet explains what proposals. This summary project
basis with one scholarship awarded a FPD is; how FEMA assesses description and preliminary
per jurisdiction unless the pool of coastal hazards on a PFD; why budget will be used to assist
applicants is smaller than expected. FEMA considers a PFD above the applicants in refining their
1% annual chance flood level to be proposals. Preliminary proposals
NORFMA is administering the included in a Special Flood Hazard will be used to identify projects
scholarships only for Washington. Areas; and how a community can that will be invited to submit full
Scholarships for Alaska, Idaho, and revise the PFD delineation shown on applications. See form below.
Oregon are being administered by a FIRM.
the NFIP Coordinators. • August 1, 2014: Selected
Visit www.starr-team.com or the preliminary proposals to submit
Please visit NORFMA's ASFPM FEMA Library to view the factsheet. additional project information. -
Conference website for details and The full Project Ranking Criteria
contact information. that will be used in the application
ASFPM Conference Golf Tournament Newsletter Ideas? are shown below.
Let us know what you to want to see in
NORFMA is coordinating with future issues!Do you have a suggestion Visit http://www.ecv.wa.gov for details.
ASFPM to organize various local for a story,event announcement,or did
tours and activities. One of these you recently read something that others
activities is a golf outing to would want to see?
Chambers Bay on Sunday, June 1. Help us spread the word! Email us at
We have tee times available for RXNewsletter @starr-team.com. 1js1. TAP
NORFMA members and friends,
increasing Resilience Together
APRIL 2014 www.starr-team.com
42
NEWS FROM REGION X
Page 3
Review of Changes to Risk MAP program. This policy
Upcoming Events & the Policy for Flood outlines FEMA's requirements to
Training produce better overall consistency
'\11 110-.. Risk Analysis and and more efficient operation of
Determining Base Flood Elevation Mapping mapping activities, FEMA has
April i() lOom established a maintenance plan for
FEMA maintains guidelines and the Risk MAP Guidelines and
i CE C standards to support the Risk MAP Standards and plans to issue updates
CRS Webinar Series: Preparing for a program. These guidelines and on a semi-annual basis. As part of
Verification Visit standards define the specific this first semi-annual update, there
\ It 1 H 1141111 implementation of the statutory and are 2 new proposed standards and 1
. Pun regulatory requirements for revision to an existing standard.
Him I . National Flood Insurance Program FEMA intends to publish these
CRS Webinar Series:Developing (NFIP) flood risk analysis and standards as a part of the Policy for
Outreach Projects(Activity 330) mapping, and address the Flood Risk Analysis and
At .1i to
performance of flood risk projects, Mapping. The included draft
nitho [
standards are being made available
processing of letters of map change
Elevation Certificates and related Risk MAP activities, for public review to provide an
More information is available at: opportunity for comment prior to
HI,
www.fema.gov incorporation into the policy.
..
In 2011, FEMA undertook a multi- For more information on the guidelines
Floodplain Development Permit
and standards, visit www.fema.gov. To
Review year project to improve the way
guidelines and standards are view the Policy for Flood Risk Analysis
mk Ion published, maintained and used. The and Mapping document visit
Ii to I final, product of the initial phase of wwwferna.gov/rnedia_libradata. To review the proposed changes visit
Inspecting Floodplain Development work was the Policy for Flood Risk www.starr-team.corn.
1 1pm Analysis and Mapping, published in
Pm g*, -
August 2013, which comprises the ` ",.!...1.
ff
standards for practitioners of the
Elevation Certificates for A Zones
Mm P. 11,u
Onto oO ii Ci
CRS Webinar Series: Introduction to
CRS
Mm Pt)
CRS Webinar Series: Higher
Regulatory Standards(Activity 430)
May 21. LOom
)rdili, 1 (IC
NFIP Basics
Mm ") 10 ,111
Ott/no
ASFPM Annual Conference
into I U
Con! r, Zi-mregbm
,),,f(nr)(( )fig(,onf Htg
in I(111.01 1 [dm, colt coo.
t.mt:i; 1111 Ontnoti tuIiiirl .01 t I I II
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increaaing Resilience Together
APRIL 2014
www.starr-team.com
43
Memorandum
r F SFsq
CITY OF SEWARD :i:'♦���'o
COMMUNITY DEVELOPMENT
`�LASM�P
Date: November 7,2013
To: Planning&Zoning Commission
Through: Donna Glenz,Planner
From: Dwayne Atwood,Planning Technician
Subject: 2014-Planning&Zoning Meeting Schedule
This memo is to provide a schedule of the Planning&Zoning Commission Meetings for the calendar year 2014. Unless
otherwise noted the P&Z regular meetings will begin at 7:00 p.m. The"Scheduled Special Meetings"shall be held
ONLY if a Public Hearing item is on the agenda and will commence at 7:00 um,otherwise the gathering will be
held as a work session commencing at 6:00 urn.
Month Regular Meeting Snecjal P&Z Meeting for Public Hearings 7:00 am
OR scheduled Work Sessions Commence at 6:00 am
January January 7 January 21
February February 4 February 18
March March 4 (Note:March 4 Flood Board Work Session at 6:00)
March 18
April April 1 April 15
May May 6 May 20
June June 3 (Note:June 3 Flood Board Work Session at 6:00)
June 17
July July 1 July 15
August August 5 August 19
September September 2 (Note:September 2 Flood Board Work Session at 6:00)
September 16
October October 7 October 21 (Borough&Local Elections on October 7)
November November 4 November 18(National Election on November 4)
December December 2 (Note:December 2 Flood Board Work Session at 6:00)
December-I6
January January 6 January 20
If you have questions or concerns or cannot attend,please call 224-4049 or email datwood @cityofseward.net.
44
May £01.4 TuWe T4 June2014
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4 5 6 7 8 9 10 8 9 10 11 12 13 14
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Apr 28 129 30 May 1 2
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