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HomeMy WebLinkAboutRes2015-002 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-02 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SEWARD TO CONSTRUCT AND OPERATE A 600,000 GALLON WATER STORAGE TANK ON CITY OWNED LOT C-6, GATEWAY SUBDIVISION, ADDITION 2, LOCATED AT 2301 HEMLOCK STREET, WITHIN THE SINGLE FAMILY ZONING DISTRICT WHEREAS, the City of Seward Public Works Department has requested a Conditional Use Permit (CUP) to construct and operate a 600,000 gallon water storage tank and pumping facility on Lot C-6, Gateway Subdivision, Addition 2; within the Single Family Zoning District (R1); and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Utility Facility: water, is allowed within the Single Family Zoning District(R1)by CUP; and WHEREAS, the City Water Department has diligently worked to secure funding and a site location since the Design Study Report of the Seward water system was completed in 2000 by CRW Engineering Group, LLC; that report identified a 520,000 gallon water storage tank as a necessary improvement to the City's infrastructure; and WHEREAS, the site location of Lot C-6, Gateway Subdivision, Addition 2 was selected because it met the required needs of elevation, access, lower overall operational cost and northern location; and WHEREAS, the site for the North Seward Water Tank, Lot C-6 located at the south terminus of the Hemlock Street right of way, is approximately 1.4 acres; and WHEREAS, the surrounding parcels to the west, south and east are wooded, undeveloped and within the Single Family Zoning District; two (2) of the four (4) parcels to the north are currently developed with single family homes, the other two (2) parcels are undeveloped; and WHEREAS, having complied with the public notification process; on February 3, 2015, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. Seward Planning and Zoning Commission Resolution 2015-02 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 construct and operate 600,000 gallon water storage tank and pumping facility on City owned Lot C-6, Gateway Subdivision, Addition 2 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. This parcel is within the Single Family Zoning District. According to the Zoning Code, Land Uses Allowed Table, Utility Facilities, Water is allowed with a Conditional Use Permit in the Single Family Zoning District. The proposed project requires a building permit, as well as other State and Federal permits. The project site plan meets all setback and structure height requirements. The water storage tank will provide additional storage capacity at the north end of Seward and provide chlorine contact time for disinfection of the City's water supply. The proposed use as a water storage facility is consistent with the purpose of the Zoning Code and the Single Family Zoning District. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The proposed water storage facility is to be located on an approximate 1.4 acre parcel that is owned by the City of Seward. The adjoining properties to the west, south and east are zoned Single Family Residential and are undeveloped. The adjoining parcels to the north are zoned Rural Residential, two (2) parcels are undeveloped and two (2) have single family homes on them. Water, sewer and electric utilities will be brought closer to currently undeveloped areas. Fire protection hydrants will be added and potable water will become available to some areas in the vicinity of the tank that currently do not have access to the water system. The applicant plans to remove only the vegetation necessary to accommodate the water tank and pumping facility, to build an access road and to install eight(8) foot security fencing. There is no indication the proposed structure or use will significantly impair the value of adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The 2020 Comprehensive Plan, section 3.7.3.1 encourages the continued upgrade and expansion of City utilities to meet the existing needs and encourage future development. The Plan also supports the recommendations of the 2000 Water and Sewer Analysis, Seward Planning and Zoning Commission Resolution 2015-02 Page 3 which the proposed development follows. Utilization of this site may encourage the development of multiple undeveloped residential properties. Water, sewer and electric utilities will be closer to the adjacent undeveloped areas. Fire protection measures will be added and potable water will become available. D. Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been or will be met through the development of the project. The general area of the project is undeveloped. Access to the parcel will be from the public right-of-way (ROW) of Hemlock Street. This platted 34 foot ROW has not been developed but will provide access and utility corridors for this project. All public utilities of water, sewer, and electric will be made available to this parcel. The Electric Department has requested the applicant start a job order to provide a review of planned power 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. Community fire protection will be increased by maintaining additional water storage and adding additional hydrants. The new facility will also provide chlorine contact time for the disinfection of the City's water supply. The applicant has noted that the current plan includes security fencing around the perimeter of the site to discourage animals and/or people from entering. 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. Seward Planning and Zoning Commission Resolution 2015-02 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 applicant shall work to install security lighting to reflect away from adjacent residential areas. 7. The undeveloped Hemlock Street Right of Way shall be restricted to public access until such time in the future it is fully developed and maintained. 8. 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. 9. 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. 10. 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 or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 11. The water storage tank shall be a non-white color that blends with the environment. 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 1, Subsection F. are met by the applicant, and authorizes the administration to issue a Conditional Use Permit for construction and operation of a 600,000 gallon water storage tank and pumping facility on Lot C-6, Gateway Subdivision, Addition 2 within the Single Family Zoning District, as generally depicted on site plan dated on 1/23/2015 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. Seward Planning and Zoning Commission Resolution 2015-02 Page 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of February 2015. THE CITY OF SEWARD `r Cindy Eckl nd, Chair AYES: Swann, Fleming, Coulter, Seese, Anderson, Ecklund NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: dC t( harm. g, CMC, y Cler (City Seall�....�� so.r SEAL •