HomeMy WebLinkAboutRES2024-012 OLV LLC CUPSponsored by: Applicant
Public Hearing: May 7, 2024
Amended & Approved: May 7, 2024I
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
SUBSTITUTE RESOLUTION 2024-012
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO OLV LLC TO CONSTRUCT AND OPERATE A CAMPER
PARK ON THE POINT SUBDIVISION TRACT A THAT POINT THEREOF
LYING WITHIN THE SEWARD CITY LIMITS, LOCATED AT 1823 NASH
ROAD; WITHIN AN INDUSTRIAL (I) ZONING DISTRICT
WHEREAS, Phil Zimmerman, on behalf of OLV LLC, has submitted a conditional use
permit application on behalf of OLV LLC to construct and operate a camper park at 1823 Nash
Road; and
WHEREAS, the property is located within an industrial zoning district; and
WHEREAS, a camper park is allowed in the industrial zoning district with an approved
CUP and an administrative permit issued by the City Clerk’s office; and
WHEREAS, the property has been historically used for camping and parking to provide
access to the adjacent tidelands for fishing, however, it was never properly permitted; and
WHEREAS, the proposed camper park will be required to comply with the regulations
specified in Seward City Code Title 8.15 Article 4 Camper Parks including §8.15.440 Garbage and
refuse for camper parks; and Title 15.25.050 Provisions for flood hazard reduction, (E) Standards
for recreational vehicles, with the exception of #3, which does not apply; and
WHEREAS, the day-use parking lots will be required to comply with Title 15.10215 C.
Unlisted uses, D. Minimum dimensions of off-street parking and aisles, and O. Accessible parking
requirements, and access for emergency response; and
WHEREAS, public parking along Nash Road to access the tidelands for fishing is
inadequate to accommodate the total the number of visitors that come to fish; and
WHEREAS, providing parking and camping on private land for fisherman to access the
tidelands would greatly alleviate the traffic congestion on Nash Road; and
WHEREAS, the nearest RV dump station is over 5 miles away and on-site dumping is
strictly prohibited, sanitary facilities will be needed to accommodate the needs of the 37-site
camper park and hundreds of day-use visitors; and
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PLANNING AND ZONING COMMISSION
RESOLUTION 2024-012
Pa2e 2 of 4 I
WHEREAS, Sawmill Creek is a catalogued anadromous stream providing essential fish
habitat and flood control, a minimum 10’ buffer of native vegetation will be maintained along its
corridor without encroachment; and
WHEREAS, any and all specific conditions deemed necessary by the commission to fulfill
the intent of 15.10.320 Conditional Use Permits shall be met by the applicant; and
WHEREAS, the applicant has complied with all the public hearing requirements of
Seward city code §15.01.040.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, 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: According to the Land Use Allowed Table, §15.10.226, a camper park is
allowed within an industrial (I) zoning district with an approved conditional use permit.
The purpose of an industrial zoning district is to “establish a district in which the
principal use of land is for business, manufacturing, processing, fabricating, repair,
assembly, storage, wholesaling and distributing operations, which may create some
nuisance, and which are not properly associated nor compatible with residential land
uses. It is intended to provide environmental safeguards for people employed in or
visiting the district. Some visual amenity is expected in this district to make it
compatible with adjoining residential or business districts.”
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B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. This property has operated as a eampground for
many years, however, it was never properly permitted or developed according to city
regulations. While the proposed use is the same, it will now be legal and constructed
and operated according to current standards and regulations for campgrounds.
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.
Seward Comprehensive Plan (approved by Council, May 30, 2017)
Vol 1, Chapter 3.1.1.4 - Support private sector business, employment, and
programs.
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PLANNING AND ZONING COMMISSION
RESOLUTION 2024-012
Page 3 of 4I
Vol 1, Chapter 3.6.1.1 - Improve existing and develop additional recreational
infrastructure.
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. The proposed use is dry camping. Only self-
contained RV’s will be allowed. Any changes to the use will be required to follow the
regulations as outlined in Title 8.15 Article 4 - Camper Parks. The property has access
to Nash Road.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. All construction will abide by International Fire
Code and International Building Code. All improvements, where applicable, will also
meet DEC requirements.
F. Any and all specific conditions deemed necessary by the commission to fulfdl 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.
I Based on the above findings and conclusions, approval of the CUP shall be subject to the
following conditions:
The access roads into and through the camper park shall be constructed and maintained at
a minimum width of 26’.
An emergency vehicle parking / staging area shall be designated along the southwest end
of the property and marked as such to prevent any other vehicles from parking in that
location, as approved by the fire chief
Bear-resistant refuse containers shall be provided between May 15 and September 15 to
serve the day-use area and RV camper park, the type and number to be determined by
city administration.
On-site dumping is strictly prohibited unless in an approved DEC facility.
Bear aware information shall be visibly posted. It is against the law to feed bears or
negligently leave human food, animal food or garbage in a manner that attracts bears.
5AAC 92.230(a)(1).
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, a
building permit obtained, or other definitive steps taken to begin implementation of the
planned unit development. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
Modification of final approval of a conditional use permit may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
1.
2.
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4.
5.
6.
7.
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PLANNING AND ZONING COMMISSION
RESOLUTION 2024-012
Page 4 of 4 I
b. To implement a different development plan eonforming 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 OLV LLC to construct and operate a camper
park at 1823 Nash Road legally known as The Point Subdivision Tract A That Point Thereof Lying
Within the Seward City Limits; within an industrial (1) zoning district.
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.
Section 4. 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.
ISection 5. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Planning and Zoning Commission this 7**^ day of May,
2024.
THE CITY OF SEWARD, ALASKA
Carol Griswold, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
Hubbard, Charbonneau, Hornseth, Griswold
Verhey, Ulman
One
V sbhSvATTEST:
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/'§Kris Peck ^
City Clerk
(City Seal)ISEAL )•
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Planning and Zoning Agenda Statement
Meeting Date: May 7, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Courtney Bringhurst, Planner
Subject: Resolution 2024-012: Granting a Conditional Use Permit to OLV LLC to
Construct and Operate a Camper Park on The Point Subdivision Tract A
That Point Thereof Lying Within the Seward City Limits, Located at
1823 Nash Road; Within an Industrial (I) Zoning District
Background and justification:
Phil Zimmerman has submitted a Conditional Use Permit application to construct and operate a
camper park at 1823 Nash Road. The property it located within an industrial zoning district,
which allows the land use of a camper park with an approved CUP and an annual administrative
permit, which is issued by the City Clerk’s office.
This property has been used for camping and parking for many years, although it has never been
properly permitted. The conditional use permitting process will ensure that the use is consistent
with the purposes of the zoning district, that the value of the adjoining land will not be
significantly impaired, that the proposed use is in harmony with the comprehensive plan, that
public services and facilities are adequate to serve the proposed use, and that the proposed use
will not be harmful to the public safety, health or welfare. The administrative permitting process
will ensure that the use is compliant with Title 8.15 Article 4 – Camper Parks.
During the summer months, the tidelands adjacent to this property are used by a numerous
amount of fisherman. There is a public parking area further east off of Nash Road, but it is not
large enough to accommodate the many visitors that come to fish in Seward. The use of 1823
Nash Road to provide additional parking and camping for fishermen will relieve the congestion
of vehicles parking along Nash Road.
Surrounding Land Use and Zoning:
Development Requirements: All development within this planned unit development will
comply with Seward city code §8.15 Article 4 – Camper Parks.
Surrounding Land Use: The property to the west is zoned Resource Management, vacant, and
owned by the State of Alaska. Tidelands, owned by the City of Seward, are located to the south.
The property to the north is outside of city limits but is privately owned and also operated as a
campground. The property to the east is zoned Industrial and vacant land.
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Floodplain Status: The northern portion of the property is located within an AE flood zone.
Any development within this area will require additional permitting through the city and
borough. The parking of RV’s within a flood zone are required to abide by §15.25.050(E).
Utilities: The camper park will be for dry camping and only accessible to self-contained RV’s.
Parking: There is no additional parking required for a camper park. However, there will be
parking provided for individuals to access the tidelands for fishing. The use of the land for a
parking area is allowed outright and will abide by §15.10.215(H). RV parking spaces will abide
by the regulations in §8.15.415, which requires at least 10 feet of clear space between camping
units.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, Chapter 3.1.1.4 – Support private sector business,
employment, and programs.
Vol 1, Chapter 3.6.1.1 – Improve existing and develop additional
recreational infrastructure.
Strategic Plan: N/A
Other:
Staff Comments
Department Comments No
Comment
N/A
City Clerk Camper Park permit will be
required per SCC 8.15.210
Building Department X
Fire Department Access roads should be a min of
26’ wide. Provide an emergency
vehicle parking area.
Public Works Department X
Harbor Department X
Police Department X
Electric Department X
Parks and Recreation X
Telecommunications X
Public Comment
Property owners within three hundred (300) feet of the proposed Conditional Use Permit 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.
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At the time of this publication the Community Development Department has not received public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
submitted to the Commissioners for their review.
Recommended Conditions
1. The access roads into and through the camper park shall be constructed and maintained at
a minimum width of 26’.
2. An emergency vehicle parking / staging area shall be designated along the southwest end
of the property and marked as such to prevent any other vehicles from parking in that
location.
3. 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, a
building permit obtained, or other definitive steps taken to begin implementation of the
planned unit development. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
4. 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
The proposed use is permittable through the Conditional Use Permit process, which allows the Commission
the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding
land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health,
or welfare.
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Conditional Use Permit Application Property Map
RES 2024-012 - Granting a conditional use permit to construct and operate a
camper park
Location: 1823 Nash Road
Parcel #: 14517008
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Context Map
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