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HomeMy WebLinkAboutRes1996-001 fOa.tdfo aj2?10~/.( / 19/96 Sponsored by Staff " // ." // // A RESOLUTION OF THE SEWARD PLANNING AND ZONING;" COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO M~ARLEDGE' DBA MIKE'S TOWING FOR THE OPERATION OF A VEHICLE IMP UND LOT ON LOT 4, BLOCK 14, FEDERAL ADDITION / / WHEREAS, Mike Arledge submitted a request for a Conditioftal Use Permit to operate a vehicle impound lot on Lot 4, Block 14, Federal Addition Whic,~ zoned Auto Commercial; and I / / WHEREAS, a vehicle impound lot is allowed in ths!Auto Commercial Zoning District by Conditional Use Permit; and / CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 96-01 Substitute / / I ./ / / / WHEREAS, an application meeting the requi ments set forth in ~ 15.10.320 (B) of the Seward Zoning Code was submitted and received December 11, 1995; and WHEREAS, a duly advertised public 'earing, meeting the requirements set forth in ~ 15.01.040 was held by the Planning and Zo ng Commission on January 3, 1996. RESOLVED by the Seward Planning and Zoning NOW, THEREFORE, Commission that: Section 1. In accorda ce with SCC ~ 15.10.320 CD), the Planning and Zoning Commission has reviewed th applicant's request for a Conditional Use Permit to operate a vehicle impound lot on Lot , Block 14, Federal Addition and made the following Findings of Fact: 1. OPOSED USE IS CONSISTENT WITH THE PURPOSE OF THIS TER AND THE PURPOSE OF THE ZONING DISTRICT. he proposed use is located within the Auto Commercial Zoning District. The Seward Zo . g Code, Land Uses Allowed Table, allows a vehicle impound lot within the Auto Commerc' Zoning District by Conditional Use Permit. In order to ensure adequate maneuvering space a adequate open space for light and air and to prevent and fight fires there is a need to limit e number of impound vehicles allowed on the lot and to stipulate that in accordance with the oning Code, parking requirements, none of the impound vehicles shall be parked within five ~ et of any property line. Seward Planning and Zoning Commission Resolution No. 96-01 Substitute 2. THE VALUE OF ADJOINING PROPERTY WILL NOT BE SIGNIFICANTLY IMPAIRED. There is concern that the proposed vehicle impound lot may adversely impact the value of adjacent residential homes and property therefore it is necessary for the use to be screened from adjacent property. 3. THE PROPOSED USE IS IN HARMONY WITH THE SEWARD COMPRE- HENSIVE PLAN. A proposed vehicle impound lot at the proposed site is in harmony with the Seward Comprehensive Plan in that the Land Use Plan designates the area as Auto Commercial, however, there is concern that the proposed use is not in harmony with the plan's goal of improving the community's appearance. 4. PUBLIC SERVICES AND FACILITIES ARE ADEQUATE TO SERVE THE PROPOSED SITE. Streets, water, sewer and electrical utilities and police and fire protection appear adequate to serve the proposed use. The Fire Department has requested that the applicant ensure accessibility to the lot for fire fighting purposes. 5. THE PROPOSED USE WILL NOT BE HARMFUL TO THE PUBLIC SAFETY, HEALTH OR WELFARE. There is concern of possible leaks and spills from the impound vehicles. The existing LP fill station will create a possible hazard if not completely protected from vehicle contact. Section 2. Based on the Findings of Fact specified in Section 1, the Planning and Zoning Commission authorizes the City Clerk to issue a Conditional Use Permit to Mike Arledge dba Mike's Towing, for a operation of vehicle impound lot on Lot 4, Block 14, Federal Addition, subject to the following conditions: 1. Prior to issuing the Conditional Use Permit, the City Clerk shall verify that both the applicant and the property owner have applied for and obtained an appropriate City of Seward business license as required by see ~ 8.30. 2. Prior to the City Clerk issuing the Conditional Use Permit, the boat which currently encroaches into the alley adjacent to Lot 4, Block 14, Federal Addition, must be removed from the public right-of-way. Seward Planning and Zoning Commission Resolution No. 96-01 Substitute 3. Prior to operation of the vehicle impound lot, the applicant shall ensure that a slatted wooden fence is constructed around the entire vehicle impound area to screen the use from the adjacent property and to prevent tampering with or vandalism on the automobiles. The fence shall be not less than eight (8) feet in height and ensure fire department personnel access via a public right-of-way. 4. Prior to operation of the vehicle impound lot, the applicant shall have a plan, approved by the Seward Fire Department, in place to control any spills or leaks from stored vehicles. 5. Prior to operation of the vehicle impound lot, the applicant shall ensure that the LP fill station is protected so that no part of any vehicle can come in contact with the tank or piping. 6. Prior to operation of the vehicle impound lot, the applicant shall submit to the Community Development Department for review and approval a scaled, detailed site plan documenting how the permit conditions will be met. 7. The applicant shall ensure that the proposed use does not extend beyond the fenced impound area on Lot 4, Block 14, Federal Addition and does not negatively effect the Zoning Code development requirements or reduce the parking space required for the uses on Lots 1-3, Block 14, Federal Addition. 8. No vehicles shall be permitted within five (5) feet of any property line. 9. A maximum of nine (9) impound vehicles shall be allowed on the lot at anyone time. 10. In order to buffer the proposed use from the adjacent single family residence, the natural vegetative screening located along the north property line shall not be removed. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of January, 1996. THE CITY OF SEWARD, ALASKA Blaine Bardarson, Chairman Seward Planning and Zoning Commission Resolution No. 96-01 Substitute AYES: NOES: ABSENT: ABSTAIN: None Bardarson, Carpenter, Castellina, Clark, Kincheloe, Niebrugge Skibeness None ATTEST: Linda S. Murphy, CMC/AAE City Clerk (City Seal)