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Home My WebLink AboutRes2009-003Sponsurcd b~~: Applicant CITY OF SF,WARU, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-03 A RI?SOLUTION UE THE SEWARD PLANNING ANU ZONING COMMISSION, GRANTING A CONDITIONAL USE YEI2MIT TO CAP"PAIN JACK'S SEAFOOD LOCKER 'CO OPERATE A COMMER<"IAL SEAFOOD PROCESSING BUS[NF.SS ON TRACT A, LEIRER SUBDIVISION, LOCATED AT 1605 LEIRER KOAD WITHIN TiiE iNUUSTRIAL ZONING DISTRICT WHEREAS, Captain Jack's Seafood Locker has applied for a Conditional l?se Permit (CUP) to operate a seafood processing business on Tract A, Lcircr Subdivision: and WHEREAS, the properly is located North of Port Avenue on the West side of Leirer Road, within the Industrial Zoning District (1); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), commercial seafood processing businesses are allowed within the Industrial "toning District (I) by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notitication process; on I'ehruary 17. ?009. the Seward Planning and Toning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, I3E IT RESOLVED b_v the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC ~ 15.10320 (D), the Planning and Zoning Commission has reviewed the applicants request for a CUP to operate a commercial seafood processing business on Tract A. Licrcr Subdivision, and declared the li~llowing I~indings of Fact: !. The ttse is consistent wttlr the purpose of 11ds chapter (the Seward Zoning Cnde) and the purposes of jhe' zoning district. Finding: This condition has been established. fhe property is located within the Industrial Toning District (1). The Industrial district is established as a district in which the principal use of land is for business, manufacturing. processing, l~ibricating, repair, assembly. storage, wholesaling and distributing operations, which may create some nuisance and whidl are neither properly associated nor compatible with residential land uses. ll is intended to provide environmental saleguards liar people employed in or visiting the district Commercial seafood Seward Planning and 7onin~~ ('ommission Resolution No. ?009-03 Page 3 oF4 processing businesses arc allovvcd in the Industrial toning District by Conditional Use Permit. 2. The value of rrdjninirrg properti' will mgt be sinrrircantlp impaired Finding: This condition has been established or shall he through the conditions. The neighboring properties are commercial uses which predominantly provide services and/or support for the harbor area. Other su-uctures on the same parcel provide heavy marine repair services. The area adjoining to the west and northwest is the Alaska Railroad right-ol=way, with a parking lot and the train loading and unloading area. 'fhe parcel to the east and northeast across Leiter Road is leased by Icicle SeaJ~~ods and contains warehouses; storage and the bw~khouse tier Icicle Seatbods. These areas North of Port Avcmie are in the h~dustrial toning District. Parcels to the South of Port Avenge, contain the [cicle Seafoods processing plant, the City dock area and the structures known as the "Train Wreck.'" The areas South of Port Avenue are within the harbor Commercial %oning Disu•ict. There is no indication the commercial seafood processing business will negatively impact the value of any of the adjoining properties or businesses. 3. Tlie proposed use is br Garnwnp with llee Seward CornpreGeusive Plan. Finding: I~his Condition has been met. ~hhe Seward Comprehensive Plan and the Strategic Plan support the attraction of never business and industry to the greater Seward area. "hhc expansion of the commercial seal~~od processing business is consistent w°ith these plans. Seward 2020 Comprehensive Plan (:rpprorcd by Council, 2005) The Comprehensive Plan recommends a stable economic environment, economic diversity, year- round businesses, environmentally responsible indusu•y and employment that promotes a high standard of living. • Promote esp~u~siog agd development of local entreprcncurial businesses. (page 16) Strategic Plan (1999) ~fhe Strategic Plan encourages development that promotes economic diversity. encourages growth of year-round businesses, and desires enviromnentally-responsible indusUy. (page i) ~. Public Serviees and facilities rrre adegrrrrte to serve t/re proposed use. Finding: I~his condition has been established or shall be through the conditions. Water, sewer. and po~a-er are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The applicant has met with City stall•and is aware of mid continues to work with staff to complete these upgrades. Adequate lire, police and solid waste disposal services are Sc~tard Planning and %unin~_ Comn~is5iun Resolution Vo. ?009-0, __ Page i of 4 available to the property. Cite code also requires [hat every building or building site within the City must provide containers suitable for refuse collection (SCC 14.00. 5, The proposer! use will no/ be harmful to the public sgfetp, Irerrklr or welfirre. Finding: "this condition has been established or shall be through the conditions. I~here is no evidence the commercial srdond processing business will cause any addilionul concerns to public safety. health ur wcllarc. Any interior remodeling amsu'uction shall meet all cwrent building and tine code requirements and be reviewed through the building permit process. The applicant has provided an onsite parking plan depicting tour (4) required parking spaces based on the square footage of the building. h. Ai~t> and all specific rorlditiorrs deemed necessary by the conlmissinn to falflll Jlre shove-mentionerl conditions shall be me! h~ /Ire npplicvlnt. These may include but are i1 a/ Ilntl/ed /a nleCl.SnYC's YelaliVe /p aC'C'eSS, SC'Ye['il iilg, Si/P IINVeIOplYleil/, building design, opera/ion uf~the use and outer silYiiMr aspects related to the propnserl ace. Based on the above findings and conclusions, approval of the CUP shall he subject to the following conditions: I. The applicant shall continue to work with City staff through the building permit process to address and accomplish all required upgrades to the public utilities -- belore a Certificate ol'Occupancy shall be issued. ?. All U'ansportation of product, both to and li-om the business, shall be contained and moved within "street legal" vehicles. ~. Tlu Planning and Toning Commission may nuxlily ibis conditional use permit if changed uses no longer contonn 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 Icgal requirements for approval of a conditional use permit. 4. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the tiling fee established by resolution of the city council. Section 2. The Planning and "Zoning Commission finds the proposed use, subject to the above conditions, satisfies the criteria for granting a conditional use permit provided the conditions listed on Section I, Subsection 6, are met by the applicant. and authorir.es the administration to issue a conditional use permit to Captain Jack's Seafood Locker to operate a conunercial seafood processing business at 160 Leirer Road. Tract A, l.eirer Subdivision. subject lu the above conditions. Seward Planning and/_oning Commission Resolution No. 2009-0 ~, Page 4 of 4 Section 3. The Plannin<_ and Zoning Commission linds 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 conf«rrns to the standards of its approval. Section 4. This resolution shall lake cfTect 10 days R~Ilowing its adoption. PASSED AVU APPROVED by the Seward Planning and 7.oning Commission this 17°i day of I~ebruarv 2009. THE CITY OF SEWARD ~~~~ ' Sandie Roach.' Chair AYL~.S: I~cklund, I leinrich_ McClure. Morgan. Roach. Stauffer NO~;S: None ARSf:NI~: Anderson ABS"FAIN: None VACANT: Unc A I PEST: ,. .)C£ n ECw15, CMC ~ C`I~y C~CI'k ~ayxaaai RaNa't ~, !,,-"~rsr0 ro s av P c .y c~ w ,. - iw y n ~A M14A FI r. d M V w •~ e ~ yE ~ b rr~ ~ Qr ~y~.~ga