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HomeMy WebLinkAboutRes2021-015 Sponsored by: Applicant Postponed: July 6, 2021 POSTPONED INDEFINITELY CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-015 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO JARAD GROOM TO OPERATE A BOAT REPAIR AND BOAT AND RV STORAGE BUSINESS ON LOT AT, FOREST ACRES SUBDIVISION, LOCATED AT 2607 DIMOND BLVD; WITHIN A RURAL RESIDENTIAL ZONING DISTRICT WHEREAS, Jarad Groom has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a boat repair and boat and RV business at 2607 Dimond Blvd, Lot AT, Forest Acres Subdivision; and WHEREAS,the property is in a Rural Residential (RR) Zoning District; and WHEREAS, the properties across the street, 2608 and 2610 Dimond Blvd operate a similar business; and WHEREAS,there is a need in Seward for more boat storage locations; and WHEREAS,the property has direct access to Dieckgraeff Road NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The applicant lives adjacent to a property that is currently operating a boat storage and repair business. This neighboring property is Zoned Resource Management (RM), the purpose of which is dictated as, "lands which are generally undeveloped and cannot be precisely zoned due to the inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration" (§15.05.025). Basically, a Resource Management district is a place holder until the City can adequately identify what it should be zoned as. So, it would not be appropriate for the applicant to rezone his property to a Resource Management Seward Planning and Zoning Commission Resolution No. 2021-015 Page 2 of 4 district. Likewise, it would not be appropriate for the applicant to rezone his property to Auto Commercial, which allows boat storage outright, because that would be spot zoning. The long-term use of the area should be maintained as a Rural Residential District (R). However, as stated in the definition for a Rural Residential District, it states that the uses other than residential uses much be "of an appropriate scale and design complementary to the neighborhood character" (§15.05.025). Not only does the adjacent property to the applicant already operate a similar business, but many of the homes that are being built in this area have been constructed as very large garages with small apartments on top in order to store their boats and RV's. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The neighboring properties to the North and East are zoned Resource Management (RM). Likewise, the property to the East already operates a boat storage and repair business. The properties to the South are zoned Rural Residential (RR). The properties to the West are zoned RR and are owned by Afognak Logging Division of Kodiak Lumber. There is no indication that the development will negatively impact the value of adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) 2.2.11 —Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property" • "Encourage the prudent management of resources for healthy commercial and sports fishing industries." • "Promote expansion and development of local marine entrepreneurial businesses." Strategic Plan (1999) The Strategic Plan promotes the improvement and expansion of maritime facilities (Page 7). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City Code requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). Seward Planning and Zoning Commission Resolution No. 2021-015 Page 3 of 4 E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The property has sufficient space to safely operate the proposed business, and there is more than adequate accessibility to a main road so that boats and RV's are not been driven through neighborhoods. 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 us. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to operation, the following shall be completed per International Fire Code (IFC) and International Building Code (IBC) 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 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 Seward Planning and Zoning Commission Resolution No. 2021-015 Page 4 of 4 conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to operate a boat repair and boat and RV storage business at 2607 Dimond Blvd, Lot AT, Forest Acres Subdivision, subject to the above conditions. 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. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6t' day of July 2021. THE CITY OF SEWARD,ALASKA POSTPONED INDEFINITELY Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: POSTPONED INDEFINITELY Brenda Ballou, MMC City Clerk (City Seal)