HomeMy WebLinkAboutRes2024-018 CUP Major Marine ToursSponsored by: Applicant
Public Hearing: September 3, 2024
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-018
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO MAJOR MARINE TOURS TO CONSTRUCT A SECOND
EMPLOYEE BUNKHOUSE ON TRACT B, LEIRER INDUSTRIAL
SUBDIVISION; LOCATED AT 1804 LEIRER ROAD; WITHIN AN
INDUSTRIAL (I) ZONING DISTRICT
WHEREAS, Colby Lawrence has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission on behalf of Major Marine Tours to construct a
bunkhouse at 1804 Leirer Road; and
WHEREAS, the property is owned by Leirer Enterprises LLC and Major Marine Tours is
the lessee of the property; and
WHEREAS, the property is in an industrial (I) zoning district; and
WHEREAS, a bunkhouse is allowed in the industrial zoning district with an approved
CUP; and
WHEREAS, the bunkhouse is intended to provide much -needed, high -quality housing for
employees of Major Marine Tours, Harbor 360 Hotel, and/or Seward Gateway Hotel, all of which
are located less than one mile from the proposed bunkhouse location; 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 It is recognized that there are some uses which
may be compatible with designated principal uses in specific zoning districts provided
certain conditions are met. The conditional use permit procedure is intended to allow
flexibility in the consideration of the impact of the proposed use on surrounding property,
and the application of controls and safeguards to assure that the proposed use will be
compatible with the surroundings. The commission shall permit this type of use if the
conditions and requirements listed in this chapter are met. 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:
CITY OF SEWARD, ALASKA
RESOLUTION 2024-018
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 "Bunkhouse" is
allowed within an industrial (I) zoning district with an approved Conditional Use
Permit. The industrial zoning district is defined as "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."
A bunkhouse is defined as "a building used as living quarters for employee housing
where shower and sanitary facilities are shared and in which there are no individual
cooking facilities."
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. Currently the property is used for the Major
Marine warehouse, maintenance shop, and one employee bunkhouse. The existing
bunkhouse has been in operation for one season and according to the applicant, has
been so successful that employees have been requesting to stay at that bunkhouse
instead of the other locations around town. The proposed construction on this parcel
will add value to the adjoining properties by improving the aesthetics as well as
providing higher quality seasonal housing.
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 3.2.1.2 — Expand the opportunity for affordable, diverse, year-round housing
through appropriate land use regulations.
• "Support apartments and other high density residential development,
including seasonal working housing."
Vol 1 Ch 3.3.1.1— Support a range of housing choices that meet the needs of people in
various income and age groups.
• "Encourage the development of seasonal employee housing."
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CITY OF SEWARD, ALASKA
RESOLUTION 2024-018
Strategic Plan (1999)
"Encourage construction of residential and seasonal housing at all market levels" (Page
9).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. Sewer, water, electricity, and roads are already
available to the property. The property is accessed by Leirer Road, and provides
adequate access for fire, police and solid waste disposal services.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. The building will be constructed following
International Fire Code and International Building Code. The adjacent fuel tank farm
is a concern, but has been built to comply with these codes, implementing measures
such as retaining walls to capture fuel in case of a leak and an onsite suppression
system. On -site parking and a bear -resistant dumpster will be provided and meet
Seward City Code requirements. Each of the buildings will be assigned a street address
for E911 emergency response.
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 work with the building official through the building permit process to
address any requirements per International Fire Code and International Building Code.
2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued, the applicant will work with the appropriate city
departments.
3. A minimum of 8 parking spaces including at least one (1) ADA compliant parking space
shall be provided for on site.
4. All parking and maneuverability shall remain on site for the life of the use.
5. For E-911 emergency response, separate street addresses shall be assigned to each structure
and each structure shall be marked accordingly.
6. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees. Landscaping must be completed one year from when an
occupancy certificate has been issued for the structure.
CITY OF SEWARD, ALASKA
RESOLUTION 2024-018
7. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals,
or accident, such as a dumpster with a locking lid or a bear -resistant dumpster shall be
provided for all garbage and refuse for the life of the use.
8. A three -walled structure must be provided on site to house the bear resistant containers.
9. 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.
10. Modification of final approval of a conditional use permit may, upon application by the
permittee, 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 before a certificate
of occupancy is granted, and authorizes administration to issue a conditional use permit to Major
Marine Tours to construct a second employee bunkhouse at 1804 Leirer Road, Leirer Industrial
Subdivision, Tract B.
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. A Conditional Use Permit may be transferred to a new owner per
§15.10.320(G), in which case the new owner will be required to maintain conformance to the
conditions of the permit.
Section 4. Administration shall periodically confirm the approved conditional use
conforms to the standards of its approval. Nonconformance to these above stated conditions shall
be grounds for revoking the Conditional Use Permit.
Section 5. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day
of September, 2024.
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CITY OF SEWARD, ALASKA
RESOLUTION 2024-018
THE CITY OF SEWARD, ALASKA
Carol Griswold, Chair
AYES: Sullivan, Ulman, Charbonneau, Verhey, Hubbard, Griswold
NOES: None
ABSENT: Hornseth
ABSTAIN: None
ATTEST:
Gv
Kris Peck
City Clerk
(City Seal)
Planning and Zoning Agenda Statement
Meeting Date: September 3, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2024-018: Granting a Conditional Use Permit to Major
Marine Tours to Construct a Second Employee Bunkhouse on Tract
B, Leirer Industrial Subdivision; Located at 1804 Leirer Road; Within
an Industrial (I) Zoning District
Background and justification:
Colby Lawrence on behalf of Major Marine Tours has applied for a Conditional Use Permit (CUP)
from the Seward Planning and Zoning Commission to construct a second employee bunkhouse at
1804 Leirer Road, legal description of Leirer Industrial Subdivision, Tract B. The bunkhouse is
considered to be an accessory structure to the warehouse.
The property is owned by Leirer Enterprises LLC, but Major Marine Tours is the current lessee.
The bunkhouse will house employees for Major Marine Tours, Harbor 360 Hotel, and/or Seward
Gateway Hotel. All these businesses are located within a mile of the proposed bunkhouse location.
The parcel is located within the Industrial Zoning District, and a bunkhouse is allowed according to
the Land Uses Allowed Table with an approved conditional use permit.
The applicant has complied with all the public hearing requirements of Seward city code § 15.01.040.
Regarding conditional uses, Seward city code § 15.10.320 states, "it is recognized that there are some
uses which may be compatible with designated principal uses in specific zoning districts provided
certain conditions are met. The conditional use permit procedure is intended to allow flexibility in
the consideration of the impact of the proposed use on surrounding property, and the application of
controls and safeguards to assure that the proposed use will be compatible with the surroundings.
The commission shall permit this type of use if the conditions and requirements listed in this chapter
(Title 15) are met."
Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the
following conditions as listed in SCC §15.10.320(D):
1. The use is consistent with the purpose of this chapter and the purposes of the zoning district;
2. The value of the adjoining property will not be significantly impaired;
3. The proposed use is in harmony with the comprehensive plan;
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4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or welfare;
6. 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.
Surrounding Land Use and Zoning:
Development Requirements: The proposed structure meets the Zoning Code Development
Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%),
minimum buildable lot size (10,000 square feet), setbacks (Front — 10', Side — 10', Side adjacent
to street — 20', and Rear — 10'), and building height (34').
Surrounding Land Use: All of the lots surrounding this property are zoned Industrial. The
railroad is located to the west and north. Shoreside Petroleum pumphouse and fuel tanks are
located to the east. Industrial storage and Icicle's seasonal housing is located to the south.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located
within a flood zone.
Utilities: Water, sewer, and electricity are already available to the property. Adequate fire, police
and solid waste disposal services are available to the property via Leirer Road. The city code
also requires that every building or building site within the city must provide containers suitable
for refuse collection (SCC 14.05). All containers shall be watertight with an animal -proof lid.
Parking: According to City Code § 15.10.215 — Parking, dormitories/bunkhouses are required to
have 1 parking space per 4 residents at maximum capacity. Since there will be 14 rooms which
will house 2 residents each, a minimum of 7 parking spaces will be required. Parking spaces are
required to be a minimum of 9ft wide and 18ft long.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 3.2.1.2 — Expand the opportunity for affordable, diverse, year -
Plan:
round housing through appropriate land use regulations.
- "Support apartments and other high density residential development,
including seasonal working housing."
Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the
needs of people in various income and age groups.
- "Encourage the development of seasonal employee housing."
Strategic Plan: "Encourage construction of residential and seasonal housing at all market
levels" (Page 9).
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Staff Comments
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
All construction must be built to locally
adopted Fire and Building Codes.
Public Works
Department
X
Harbor Department
X
Police Department
X
Electric Department
X
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 not received public
inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after
publication of this agenda statement, it will be submitted to the Planning and Zoning
Commissioners for their review.
1. The applicant shall work with the building official through the building permit process to
address any requirements per International Fire Code and International Building Code.
2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued, the applicant will work with the appropriate city
departments.
3. A minimum of 1 parking space per 4 residents at maximum capacity shall be provided for on
site. At least one (1) of those parking spaces shall be compliant with the Americans
Disabilities Act (ADA).
4. All parking and maneuverability shall remain on site for the life of the use.
5. For E-911 emergency response, separate street addresses shall be assigned to each structure
and each structure shall be marked accordingly.
6. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees. Landscaping must be completed one year from when an
occupancy certificate has been issued for the structure.
7. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or
accident, such as a dumpster with a locking lid or a bear -resistant dumpster shall be provided
for all garbage and refuse for the life of the use.
8. A three -walled structure with roof must be provided on site to house the bear resistant
containers.
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9. 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.
10. Modification of final approval of a conditional use permit may, upon application by the
permittee, 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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Application Details
This completed application is to be submitted to the Community Development
Department no later than four (4) weeks in advance of the next regularly scheduled
Planning and Zoning Commission meeting. See link below for the submission
deadline dates.
https://www.cityofseward.us/government/boards-commissions/planning-zoning-
commission/planning-zoning-commission-meetings
Regular meetings are held the first Tuesday of each month. The application must be
accompanied by the $350 nonrefundable filing fee.
Documents Needed:
• As -built survey of the property if it has been developed or a scaled site plan
with elevations if the property is undeveloped
• Scaled drawings of structures to be built
• Any other pertinent documents to describe or support the project
Applicant Information
Full Name*
Colby
Email*
captaincolby@majormarine.com
Property Information
Mailing Address*
Lawrence
Phone Number*
9074910335
Is the applicant the property owner?* Property Owner Name*
No LEIRER ENTERPRISES LLC
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Property Owner Email* Property Owner Phone Number*
scleirer@gci.net 9075297769
Address* KPB Parcel Number* A
1804 Leirer RD, Seward, AK 99664 14525030
Zoning District* A Lot Size* A
Industrial (I) 1.56
Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html?
id=56d3e72bc65040a0a4fb459b15504b01
Legal Description* A
T 1S R 1W SEC 3 SEWARD MERIDIAN SW 2002019 LEIRER INDUSTRIAL SUB
TRACT B
The legal description of a property and the KPB Parcel number can be found at this
link:
https://gis.kpb.us/map/index.html?viewer=basic
Click on the icon four from the left that looks like a pin and says "find parcel by
address" when you hover your mouse over it. Type in your address and press "enter".
Click on your parcel. A white box with information in it should appear on your screen.
The parcel ID number is at the top. The Legal name of the property is in the middle
under the heading, "Legal:"
Development Information
What structures are on the property?* A
Commercial Building
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How is the property currently being used?*
Currently Major Marine Tours, Harbor 360 Hotel and Gateway Hotel operates
their warehouse and vessel parts and maintenance shop as the primary building
on this property. The secondary building is a 14 unit bulding used as a
bunkhouse which was allowed under a Conditional use permit by the City of
Seward in 2023.
What is the proposed use of the property?*
Major Marine Tours, Harbor 360 Hotel and Gateway Hotel would like to add an
additional 14 unit bunkhouse on this property.
What is the development timeline?*
Starting Sept. 2024 and completion May
2025
Requirements for Consideration
Please note that prior to the Seward Planning and Zoning Commission granting a
Conditional Use Permit, it shall be established that the proposed use satisfies the
following conditions of Seward City Code 15.10.320 (See the link below for specific
City Code requirements)
https://library.municode.com/ak/seward/codes/code_of_ordinances?
nodeld=CD ORD TIT15PLLAUSRE CH15.10SEZ000 ART3SURE 15.10.32000USPE
State how the proposed use is consistent with the requirements of the Seward Zoning Code and the A
designated zoning district*
Employee bunkhouse in an industrial area with CUP
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Click on this link to read the definitions of each zoning district
https://library.municode.com/ak/seward/codes/code_of_ordinances?
nodeld=CD ORD TIT15PLLAUSRE CH15.05LAUSPL 15.05.025LAUSDISTDE
Describe any impacts to the adjoining properties and how property values may be affected*
No negative impacts. This additional bunkhouse will only improve the area.
How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from
the plan (see link below)*
According to the Land Use Allowed Table, a bunkhouse is allowed in an Industrial
Zone with a CUP. This will allow our company to open up several single family
homes for year round rentals.
Seward Comprehensive Plan:
https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000
Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)*
Water, Sewer, Elecric and Road.
The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the
proposed project meets this requirement. *
This will open up high qualiy housing for seasonal employees, as well as opening
up sveral singel family homes for year round residents
Describe any mitigation measures that may be needed to protect the public health, safety and welfare. *
None needed
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Document Uploads
Include building elevation plans and a site plan, drawn to scale. The site plan should
include:
• Property dimensions
• Location and dimensions of proposed and existing buildings
• Parking configuration
• Driveways and access
• Natural features
• Other pertinent information
Site Plan / Project information* Supporting Documents
ai 1804Leirer.pdf * No File Uploaded
Supporting Documents Supporting Documents
No File Uploaded ! No File Uploaded
Signature
I have the following legal interest in the property*
Lessee
I understand that this item will be scheduled for a Planning and Zoning Commission
meeting only if all application materials are submitted not less than four (4) weeks
in advance of the next regularly scheduled Planning and Zoning Commission
meeting. Regular meetings are held the first Tuesday of every month.
I hereby certify that the above statements and other information submitted are true
and accurate to the best of my knowledge
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Applicant Signature*
o Colby William Lawrence
Aug 8, 2024
Property Owner Signature*
0 Steve C Leirer
Aug 8, 2024
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214 216
209 211
216 218
1901
224..
18.03 f f J 1804 _
200 feet
Conditional Use Permit Application Property Map
Context Map
Single-family Residential
Two-family Residential
Auto Commercial
Industrial
RES 2024-018 - Granting a conditional use permit to construct a second employee
bunkhouse
Location: 1804 Leirer Road
Parcel #: 14525030
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Cordon Thompson Architect
711 M STREET, SUITE 101 ANCHORAGE, ALASKA 99501
TELEPHONE (907) 360-0795
gordot@gc+.net
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