HomeMy WebLinkAboutRes2007-002
Sponsored by: Staff
--
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-02
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING THE CITY OF SEWARD HARBOR
DEPARTMENT A VARIANCE FROM SEWARD CITY CODE CHAPTER
15.25 FLOODPLAIN MANAGEMENT COASTAL (V) IDGH HAZARD
FLOOD AREA TO CONSTRUCT A PUBLIC RESTROOM FACILITY ON
THE SOUTH HARBOR DREDGE FILL TRACT
WHEREAS, the City of Seward Harbor Department proposes to construct a public restroom
facility on the newly created dredge fill tract located in the south harbor area; and
WHEREAS, the tract created from dredge fill is located within a designated coastal high
hazard floodplain as identified on the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Map (FIRM); and
WHEREAS, according to FIRM No. 020013- 6375, dated May 19, 1981, the Base Flood
Elevation for the subject tract falls into both the V2 and V 6 zones with BFE 9' and 11' respectively;
and
......
WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code
Section 15.25.050.D.4 states: The use offill for structural support of buildings within Zones Vl-
V30 on the FIRM is prohibited (ORD. 98-11). Structures are required to be constructed atop either
pile or column foundations in the V - tidal and, the area to be developed, although filled, is still
designated within the V tidal flood zone pending further action by a Letter of Map Revision
(LOMR); and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for a
variance from the City of Seward Floodplain Management Ordinance to construct the proposed
structure based upon, and with the understanding that the City of Seward is concurrently filing an
application for a LOMR with FEMA to re-designate the subject area to a "c" Flood designation; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with Seward City Code Section 15.25.060 the Seward Planning and
Zoning Commission has considered all of the following factors:
....
a. The danger that materials may be swept onto other /ands to the injury of others;
Seward Planning and Zoning Commission
Resolution 2007-02
Page 2 of3
t
....
b. The danger to life and properly due to flooding or erosion damage;
c. The susceptlbUity of the proposedfacUity and its contents to flood damage and the effect of such damage
on the individual owner;
d. The importance of the services provided by the proposedfacility to the community;
e. The necessity to the facUity of a waterfront location, where applicable;
f. The availability of alternative locationsfor the proposed use which are not subject to flooding or erosion
damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan andfloodp/a/n managementprogramfor
that area;
i. The safety of access to the properly in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the site;
Ie. The costs of providing governmental services during and after flood conditions, including maintenance
and repair of public utilities andfacUities such as sewer, gas, electrical, and water systems, and streets and
bridges.
-..II
Section 2. The Commission makes the following specific findings regarding the City of
Seward Harbor Department's floodplain variance request:
A. The restroom facility, as proposed, is a necessary support accessory to the harbor and
upland recreational and commercial uses and there are no other feasible locations for the structure
which are not located within a floodplain;
B. Failure to grant the variance would result in hardship to the applicant for the following
reasons: i) it is not feasible to construct the proposed structure on piles or columns; and ii) the
restroom facility is for use by harbor customers and clients and its viability because of its proximity
to the harbor floats and upland access points to the saltwater would be compromised at any other
location;
C. Granting the requested variance will not result in damage or hardship, nor cause or
exacerbate a flood condition for this or any other property;
D. The proposed use is compatible with the surrounding commercial and recreational land
uses and existing similar facilities;
,
~
'--
Seward Planning and Zoning Commission
Resolution 2007-02
Page 3 of3
E. Considering all of the above findings, the Commission hereby determines that the
requested variance to construct the public restroom facility founded on the newly created dredge fill
area south of the Seward Boat Harbor and within the V 6 flood zone, is necessary to afford relief and
is in the public interest.
Section 3. Based on the above fmdings, the Planning and Zoning Commission hereby grants
the City of Seward Harbor Department a floodplain variance from Seward City Code ~ 15.25.050. D
(1) & (4) to allow the construction of a public restroom building in a V 6 designated flood zone and
without a requirement for a foundation of piling or columns.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day
of March, 2007.
THE CITY OF SEWARD, ALASKA
.....
''@-
j
.......~
/Jf I- J
~lIJlJJ11 Keil, chair - -
AYES:
NOES:
ABSENT:
ABSTAIN:
Clark, Keil, Smith, Roach'
Hohl
Anderson, Hicks
None
ATTEST:
....un..,"..
\,,'11 ""'II,
.,,,,,\ , OF St-'1 ~,
~..., ~,,~ .c:;.if; -4.'. ",
("," ",' .e......,. ,
.., r~ ,"",PO,Q:" .,," ~
~": v ,"cP \ . "'1~"':O <;.
.,,:i:!!- ~. ~
~~ :~ -&- v\ ~
,~ : SE ^ T . fl.
'; ~ : '-1fl'j.U: 0 ;:
; \ i =
,') . --e- ...
'; ~ . .. iqI
". f')"V'~ tt-.::
';"'~ ~.<~"" .~f'o 1 '\~"":t~ ~
't" "...,,"~...r;: . .....::;- ~
...~ '1 jl'oo ......... I' ";:) -.<(f
';#~'i ~ OF A \.r:\.......
''''Bu;nli''\~
(City Seal)
....