The URL can be used to link to this page

Home My WebLink AboutRES2023-010 QAP Gravel Extraction Sponsored by: Applicant Public Hearing: April 4, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO COLASKA INC. DBA QAP TO EXTRACT GRAVEL FROM PORTIONS OF THE RESURRECTION RIVER LOCATED ON SEWARD MERIDIAN SW NE ' SW ' AND SEWARD MERIDIAN SW WEST 330 FEET OF NW' LYING WITHIN SEWARD CITY LIMITS AND SEWARD MERIDIAN SW PORTION NW ' SE 1 LYING WITHIN SEWARD CITY LIMITS EXCLUDING WEST 330 FEET; WITHIN A RESOURCE MANAGEMENT (RM) ZONING DISTRICT WHEREAS, Colaska Inc. dba QAP has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to extract gravel from dewatered bars on portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045; and WHEREAS,the property is in a Resource Management(RM)Zoning District; and WHEREAS, the RM zoning district allows commercial resource extraction from the surface, such as gravel,with an approved CUP; and WHEREAS,the applicant has already acquired the necessary floodplain permits for gravel extraction on the above stated parcels; and WHEREAS, the extracted gravel will be used locally in projects that the Alaska Department of Transportation will be working on this summer; and WHEREAS, the removal of gravel from the river will also help to mitigate and reduce flooding; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; 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. Seward Planning and Zoning Commission Resolution No. 2023-010 Page 2 of 4 Finding: According to the Land Use Allowed Table, §15.10.226, "Resource extraction,commercial surface,i.e.,gravel,"is allowed within a Resource Management zoning district with a Conditional Use Permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. The land adjacent is also zoned Resource Management and Industrial, and is either vacant, or also being used for gravel extraction. 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) Vol 1 Ch 3.1.1.4—Support private sector business, employment, and programs. Vol 1 Ch 3.2.1.3- Establish an attractive highway corridor from Mile 0 to 8. Vol 1 — Chapter 2 & 3 both support the development and improvement of infrastructure within City limits. Strategic Plan (1999) "Promote economic diversity and encourages growth of year-round businesses." (Page 5). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The parcels are accessed at 31825 Herman Leirer Road. Onsite water, septic, and power exist on the Kenai Peninsula Borough side. The parcels located within City limits do not have utilities, but the proposed use does not require utilities. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The appropriate permits have been applied for and received for performing working in a floodway. The extraction of gravel from the river will help to mitigate and reduce flooding by increasing the area available for flood water flows. 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. Seward Planning and Zoning Commission Resolution No. 2023-010 Page 3 of 4 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall maintain current floodplain permits while work is being performed in the floodway. 2. 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. 3. 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 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 Colaska Inc.dba QAP to extract gravel from portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045. 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. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of April,2023 THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair Seward Planning and Zoning Commission Resolution No. 2023-010 Page 4 of 4 AYES: Charbonneau, Hornseth,Ulman,Monaco, Staggs,Verhey, Sullivan NOES: None ABSENT: None ABSTAIN: None VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) f}-c.'Ctv19- C11-1 C I evr K ,'"",,,,,, of SELi , "., -+- re • SEAL : • • 9,�ti` • ##•*0 OF A\--�;•s` Planning and Zoning Agenda Statement Meeting Date: April 4, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-010: Application for a Conditional Use Permit to Colaska Inc. dba QAP to Extract Gravel from Portions of the Resurrection River Located on Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Within a Resource Management (RM) Zoning District Background and justification: Colaska Inc. dba QAP has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to extract gravel from portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045. Any work done within a floodway requires specific permits from various organizations. The applicant has already acquired all the necessary permits to perform the requested gravel extraction, and the applicant has included the approved permits with their CUP application submittals. According to Seward City Code§15.10.226,"Resource extraction, commercial surface, i.e., gravel," is allowed in the Resource Management zoning district with an approved CUP. The removal of gravel from the river will be used for projects to improve local infrastructure. A secondary benefit is that it will also help to mitigate and reduce flooding by increasing floodwater capacity in the river bed. The applicant has complied with all the public hearing requirements of Seward City Code §15.01.040. Surrounding Land Use and Zoning: Development Requirements., The proposed use will not involve any development to the property. Surrounding Land Use:The lots surrounding this property to the west and south are zoned Resource Management and are vacant. The lot to the east is zoned Industrial and also does gravel extraction from the Resurrection River. The lots to the north are not located within City limits, but are owned by Colaska Inc. dba QAP. Fioodpiain status: According to the Kenai Peninsula Floodplain Map, the area is located within an AE flood zone. No development is occurring within the floodplain. The appropriate floodplain permits have been acquired by the applicant. 71 Utilities:Access to the property is from 31825 Herman Leirer Rd. Emergency service vehicles can access the property. Onsite water, septic and power exist on the Kenai Peninsula Borough side, but not on the parcels within City limits. Parking, Parking will be located on the Kenai Peninsula Borough side of the parcels since that is the only parcel that can be accessed from the road. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1 Ch 3.1.1.4 — Support private sector business, employment, and Plan: programs. Vol 1 Ch 3.2.1.3 - Establish an attractive highway corridor from Mile 0 to 8. Vol 1 — Chapter 2 & 3 both support the development and improvement of infrastructure within City limits. Strategic Plan: "Promote economic diversity and encourages growth of year-round businesses." (Page 5). Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries regarding the proposed Conditional Use Permit. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 72 Recommended Conditions 1. The applicant shall maintain current floodplain permits while work is being performed in the floodway. 2. 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. 3. 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. Recommendation Community Development Department staff recommends approval of Resolution 2023-010 granting a Conditional Use Permit to Colaska Inc. dba QAP to extract gravel from portions of the Resurrection River located on Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet, within a Resource Management (RM) Zoning District 73