HomeMy WebLinkAboutRes2024-020 CUP 2405 2413 Seward Hwyi
Sponsored by: Applicant
Public Hearing: October 8, 2024
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-020
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO ROBERT WILLIAMS TO USE THE UNSUBDIVIDED
PORTION OF SURVEY NO. 149, LOCATED AT 2405 SEWARD
HIGHWAY; AND LOT B1, FOREST ACRES SUBDIVISION LEVEE
REPLAT, LOCATED AT 2413 SEWARD HIGHWAY, FOR COMMERCIAL
OUTDOOR STORAGE; WITHIN AN AUTO COMMERCIAL (AC)
ZONING DISTRICT
WHEREAS, Robert Williams and Travis Maurer have applied for a Conditional Use
Permit (CUP) from the Seward Planning and Zoning Commission to use their property located at
2405 and 2413 Seward Highway for commercial outdoor storage; and
WHEREAS, the applicant intends to use the property to commercially store boats,
recreational vehicles, and contractor equipment / supplies; and
WHEREAS, the property is in an auto commercial (AC) zoning district; and
WHEREAS, commercial storage of boats is allowed outright in the AC zoning district;
and
WHEREAS, the commercial storage of recreational vehicles or a contractor laydown yard
is not specified explicitly within the land uses allowed table; and
WHEREAS, recreational vehicles are defined as "a vehicle used or intended to be used as
transient living or sleeping quarters for humans and which may be driven, towed or propelled from
one location to another without change in structure or design...Includes travel trailers, camping
trailers, tent campers, trailer coaches, motor homes, truck campers, and similar vehicles"; and
WHEREAS, the land uses allowed table states that outdoor yard or material/equipment
storage is allowed in the AC zoning district with an approved CUP; and
WHEREAS, outdoor storage is defined as "the commercial keeping, in an unroofed area
and usually enclosed by a fence, of any goods, junk, material, merchandise, or vehicles in the same
place for an extended period of time"; and
WHEREAS, this definition fits the intended use of RV storage and a contractor laydown
yard; and
WHEREAS, the applicant's site plan shows that the storage area will be enclosed by a
fence; and
and
CITY OF SEWARD, ALASKA
RESOLUTION 2024-020
WHEREAS, the property to the west is the city snow dump and is zoned Resource
Management; and
WHEREAS, the property to the south is vacant, zoned Institutional, and used to access the
city snow dump; and
WHEREAS, the property to the north is vacant and is zoned Resource Management; and
WHEREAS, the property to the east is the Seward Airport and is zoned Industrial; and
WHEREAS, the property does not have access to city water or sewer, making it very
difficult to develop a business that requires those services; and
WHEREAS, the proposed use of the property to commercially store boats, recreational
vehicles, and contractor supplies will not require the use of city water or sewer; and
WHEREAS, the property does have access to city electricity; and
WHEREAS, the property can be accessed from Seward Highway and Dieckgraeff Road;
WHEREAS, SCC 15.10.3200 recognizes that there are some uses which may be
compatible with designated principal uses in specific zoning districts provided certain conditions
are met; 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. The Commission finds that the proposed use satisfies the following conditions
as specified in SCC 15.10.320.D.
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
B. The value of adjoining property will not be significantly impaired.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
D. Public Services and facilities are adequate to serve the proposed use.
E. The proposed use will not be harmful to the public safety, health or welfare.
Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill
the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject
to the following conditions:
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CITY OF SEWARD, ALASKA
RESOLUTION 2024-020
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. The driveway on the east side connecting the property with the highway shall be lined up
with the interior drive to provide more room to pull in or out without obstructing traffic.
4. The main security gate on the east side, shall be moved back by at least 26'.
5. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals,
or accident, such as a dumpster with a locking lid or other bear -resistant container shall be
provided for all garbage and refuse for the life of the use.
6. A three -walled structure must be provided on site to house and screen the refuse
container(s).
7. Snow will be stored on -site or hauled off -site for proper disposal.
8. No camping or habitation is allowed.
9. No maintenance of boats, trailers, vehicles, or RVs is allowed on -site.
10. Fluid spills, including fuel, antifreeze, hydraulic fluid, transmission fluid, brake fluid, must
be promptly cleaned up and disposed properly.
11. No graywater or sewage dumping is allowed.
12. Any areas not used for storage will be landscaped and maintained.
13. As this is a prominent property along the Seward highway corridor, vegetative, solid slat
fencing or other screening will be provided along the entire highway frontage to help
establish an attractive highway corridor. This will be completed within one year of the start
of business.
14. 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.
15. 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 3. 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 2 are met by the applicant before a certificate of occupancy is granted,
and authorizes administration to issue a conditional use permit to Robert Williams and Travis
CITY OF SEWARD, ALASKA
RESOLUTION 2024-020
Maurer to use their property located at 2405 & 2413 Seward Highway for commercial outdoor
storage.
Section 4. 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 5. 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 6. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8th day
of October, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
CaAa
4-444401
Carol Griswold, Chair
Sullivan, Ulman, Verhey, Hubbard, Griswold
None
Charbonneau, Hornseth
None
Kris Peck
City Clerk
(City Seal)
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Planning and Zoning Agenda Statement
Meeting Date: October 8, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2024-020: Granting a Conditional Use Permit to Robert
Williams to use the Unsubdivided Portion of Survey No. 149,
Located at 2405 Seward Highway; and Lot B1, Forest Acres
Subdivision Levee Replat, Located at 2413 Seward Highway, for
Commercial Outdoor Storage; Within an Auto Commercial (AC)
Zoning District
Background and justification:
Robert Williams and Travis Maurer have applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to use their property located at 2405 and 2413 Seward
Highway for commercial outdoor storage. The applicant has specified that they intend to use the
property to store boats, recreational vehicles, and contractor equipment / supplies.
The parcel is located within the Auto Commercial (AC) zoning district. The applicant already has
plans to commercially store boats on the property, which is allowed outright in the AC district.
While commercially storing recreational vehicles or contractor equipment / supplies is not listed
specifically in the Land Uses Allowed Table, the definition for outdoor storage includes the
"commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk,
material, merchandise or vehicles in the same place for an extended period of time." By this
definition, recreational vehicles and contractor equipment / supplies would be classified as outdoor
storage.
Outdoor storage is allowed within the AC zoning district with an approved CUP.
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."
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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;
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 only proposed development to the property is a fence which is
already installed around the perimeter of the properties. Fences are allowed to be placed
anywhere within the property, including directly on the property line.
Surrounding Land Use: The property to the west is the city snow dump and is zoned Resource
Management. The property to the south is vacant, zoned Institutional, and used to access the city
snow dump. The property to the north is vacant and is zoned Resource Management. The
property to the east is the Seward Airport and is zoned Industrial.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the entire property is
within the Seward Mapped Flood Data Area (SMFDA), and portions of the property are also in
the AE Floodplain. A floodplain development permit will be required prior to construction of
any structures.
Utilities: City water and sewer are not available to the property. A building permit may not be
issued for the construction of any structure that would require the use of city water and sewer.
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: The proposed use does not require a specific number of parking spaces as the use itself
is essentially a long-term parking lot for boats, vehicles, and recreational vehicles. Owners shall
comply with all applicable SCC §15.10.215 H. Parking Lots requirements including #1. Lighting
of all parking areas shall be arranged to reflect away from adjacent residential areas and all
public streets and highways; and #2. All parking spaces and lots shall be durably surfaced, free
of mud and standing water, and be dust free.
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Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 3.1.1.4 — Support private sector business, employment, and
Plan: programs.
• Support and encourage the growth of business
Vol 1, Chapter 1.3.6 COMMUNITY APPEARANCE
• Improve the appearance of the entire community through increased
landscaping, beautification and litter control efforts, through more
attention to sign control and through promoting the preservation of
Seward's historic architecture.
Vol 1, Chapter 3.2.1.3
• Establish an attractive highway corridor from Mile 0 to 8.
• Coordinate with local residents and the Kenai Peninsula Borough
Planning Department to develop a specific land use plan for the
corridor from Resurrection River to Mile 8 and areas adjacent to the
city.
Strategic Plan: N/A
Staff Comments Mr-
7
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
X
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 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.
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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. The driveway on the east side connecting the property with the highway shall be lined up
with the interior drive to provide more room to pull in or out without obstructing traffic.
4. The driveway on the north side connecting the property with Dieckgraeff shall be moved
west, next to the proposed easement to allow more space between the driveway and the
intersection with the Seward Highway and lined up with an interior driveway to ensure
that vehicles/boats/RVs entering or exiting the lots will not interfere with traffic on
Dieckgraeff.
5. If there is a ditch, a culvert shall be installed under the north driveway to provide
adequate drainage.
6. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or
accident, such as a dumpster with a locking lid or other bear -resistant container shall be
provided for all garbage and refuse for the life of the use.
7. A three -walled structure must be provided on site to house and screen the refuse container(s).
8. Snow will be stored on -site or hauled off -site for proper disposal.
9. No camping or habitation is allowed.
10. No maintenance of boats, trailers, vehicles, or RVs is allowed on -site.
11. Fluid spills, including fuel, antifreeze, hydraulic fluid, transmission fluid, brake fluid, must
be promptly cleaned up and disposed properly.
12. No graywater or sewage dumping is allowed.
13. Any areas not used for storage will be landscaped and maintained.
14. As this is a prominent property along the Seward highway corridor, vegetative, solid slat
fencing or other screening will be provided along the entire highway frontage to help
establish an attractive highway corridor.
15. 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.
16. 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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Context Map
•
400 feet 1.ohr
Conditional Use Permit Application Property Map
Rural Residential
Two-family Residential
Multi -family Residential
Auto Commercial
Park
Institutional
Resource Management
Industrial
RES 2024-020 - Granting a conditional use permit for commercial outdoor storage
Location: 2405 & 2413 Seward Hwy
Parcel #: 14502133 & 14502140
22
Context Map
AE Flood Zone
X = Not a Flood Zone
Conditional Use Permit Application: Floodplain Map
RES 2024-020 - Granting a conditional use permit for commercial outdoor storage
Location: 2405 & 2413 Seward Hwy
Parcel #: 14502133 & 14502140
23
S89.p3,
220'
12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30'
12'x30' 12'x30' 12'x30' 12'x30' 12'x30'
12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30'
(30) 12' x 30' Parking Stalls
(33) 12' x 30' Parking Stalls (FUTURE COVERED PARKING)
(35) Mixed Length Parking Stalls (FUTURE COVERED PAR
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RV • AUTO
SUBDIVISION
HIGHWAY
99664
BOAT •
FOREST ACRES
2405 & 2413 SEWARD
SEWARD, ALASKA
PREPARED BY:
SEWARD GATEWAY STORAGE PARTNERS
FOREST ACRES SUBDIVISION
2405 & 2413 SEWARD HIGHWAY
SEWARD, ALASKA 99664
DRAWING TITLE
Date
SITE PLAN
5-28-24
24
10/3/24, 10:57 AM CUP-24-4
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* Mailing Address*
Robert Williams 7671 Schuster St. Las Vegas, NV. 89139
Email* Phone Number*
robbiewilliamslv@gmail.com 702-292-1839
Property Information
Is the applicant the property owner?* Address*
Yes 2405 & 2413 Seward Highway, Seward
AK
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KPB Parcel Number* A Zoning District* A
14502133 & 14502140 Auto -Commercial (AC)
Lot Size* A
4.6 acres & 1.14 acres
Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html?
id=56d3e72bc65040a0a4fb459b15504b01
Legal Description* A
THAT PORTION OF US SURVEY NO 149 BEGIN AT POINT ON THE NORTHERLY LINE OF SAID
SURVEY & FOREST ACRES SUB LEVEE REPLAT LOT B1
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
Other
Describe what structures are on the property*
No structures, just parking
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How is the property currently being used?*
Vacant, currently not being used
What is the proposed use of the property?*
RV/Boat storage/Contractor laydown yard
What is the development timeline?*
as soon as possible
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 CH15.10SEZOCO 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*
Outdoor storage is allowed in the auto commercial zoning district with a conditional use
permit
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
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Describe any impacts to the adjoining properties and how property values may be affected*
no impact
How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from
the plan (see link below)*
I have spoken with plannig and I believe my project would be an acceptable use
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.)*
Power ASAP,eventually water and sewer
The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the
proposed project meets this requirement. *
We intend to move the entrance gate back about 25 feet plus mitigate any
trailers that might be long enough to reach Seward Highway
Describe any mitigation measures that may be needed to protect the public health, safety and welfare. *
I am not aware of any at this time
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CUP-24-4
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*
ACFrOgAxQJ-778f214wN Ntvn
KgxMsCud8_DXM493eNMpA
XwT-UsmI7 bBRX7ZLtZZD-3G
• 7qB3uXYPZNDCXypqUIYQmv
ZXwSP6O7eA_McFxSL3PLs4
GiBuPOWK63O54RBoCDBjgjs
LhmVb-9InaQ9.pdf
Supporting Documents
No File Uploaded
Signature
I have the following legal interest in the property*
Owner of record
Supporting Documents
No File Uploaded
Supporting Documents
No File Uploaded
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I understand that this item will be scheduled for a Planning and Zoning Commission
meeting only if all application materials are submitted not Tess 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
Applicant Signature*
0 Robert Williams
Sep 11, 2024
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