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HomeMy WebLinkAboutRes1996-095 , , , Sponsored by: Mayor & Council CITY OF SEWARD, ALASKA RESOLUTION NO. 96-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONFIRMING THE DECISION OF THE SEWARD PLANNING AND ZONING COMMISSION TO DENY BRAD SNOWDEN'S REQUESTED AMENDMENTS TO A CONDITIONAL USE PERMIT TO CONSTRUCT A HOTEL IN THE SMALL BOAT HARBOR WHEREAS, on June 5, 1996, the Seward Planning and Zoning Commission (the "Commission") heard a request filed by Brad Snowden ("Snowden") that the Commission amend his conditional use permit for construction of a hotel in the Small Boat Harbor (the "Project") by deleting three ofthe special conditions imposed by the Commission in 1993; and WHEREAS, the Commission, after reviewing Snowden's request, expressed its reluctance to remove any conditions which could have a possible adverse financial impact on the City and subsequently voted to deny Snowden's request; and WHEREAS, Snowden filed an appeal ofthe Commission's decision with the City Clerk, and the City Clerk properly noticed a hearing of the appeal before the City Council sitting as a Board of Adjustment; and WHEREAS, the City Council met in a special session on Monday, July IS, 1996, to hear Snowden's appeal; and WHEREAS, both Snowden and the City Administration were given an opportunity to make presentations to the City Council during the hearing; and WHEREAS, following the hearing the City Council met in an Executive Session to deliberate and to prepare its findings offact and conclusions oflaw as provided in Seward City Code ~ 15.10.415 C.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council, sitting as a Board of Adjustment in the matter under appeal, makes the following findings: A. Relocation of a portion of Fourth Avenue. The Project, as submitted to the Planning Commission in 1993, encompassed a portion of the existing Fourth Avenue alignment. As of June 5, 1996, when Snowden's request was heard by the Planning Commission, this situation had not changed. Absent Snowden's Project as proposed, there would be no need for the City to relocate Fourth Avenue at this time. Therefore, the burden of relocation of the roadway should be borne by the party immediately benefitting from the relocation. CITY OF SEWARD, ALASKA RESOLUTION NO. 96-095 B. Relocation of the public dump station. The realignment of Fourth Avenue, as required to accommodate Snowden's Project, impacts the current location of the RV dump station. Relocation of the dump station has never been a priority of the City and would not occur if Snowden's project did not require the realignment of the roadway. Therefore, the burden of relocation of the dump station properly lies with Snowden. C. Construction of public boardwalk bordering the Project site. The City has constructed at public expense those portions of the boardwalk on public property under the control of the City. However, that portion of the boardwalk on private property (e.g., William H. Seward Yacht Club, Four Seasons, The Landing) has been constructed by private parties as a condition of leases and permits issued by the City. In addition, the Small Boat Harbor Management Plan, adopted by the City Council on March 22, 1993, provides that continuation of the boardwalk along the waterfront is a condition of any further shoreline development. Precedent for privately funded boardwalk construction on private shoreside property in the harbor was set prior to the time Snowden was granted his original conditional use permit, and this policy has not changed. Therefore, the burden of constructing the public boardwalk, as required by the conditional use permit, properly lies with Snowden. Section 2. The City Council, sitting as a Board of Adjustment on the matter under appeal, hereby adopts the following conclusions oflaw: A. Generally. In August 1995, the City and Snowden entered into a negotiated development agreement containing a wide range of conditions to be met by both parties, including the three conditions under appeal. Removing these conditions from the conditional use permit would not necessarily have the effect of removing them from the development agreement. However, if such an amendment had that effect and only these three conditions were removed from the development agreement, the equity of the rest of the agreement would be called into question. The conditions of the August 1995 agreement, in total, were an attempt to create a balanced settlement beneficial to both parties, and removing a portion of them would upset that balance. Furthermore, Mr. Snowden's appeal asserts that complying with the three conditions under appeal would add a financial burden that could cause the Project to fail. In an effort to lessen the financial impact to Snowden attendant to the relocation of the roadway, the City agreed during negotiation ofthe 1995 development agreement to allow construction of the relocated roadway to a standard below that required for City-constructed roadways. It is the opinion of the Board of Adjustment that any remaining financial burden to the developer should not be a consideration in determining whether the conditions set by the Commission are reasonable. It would be unreasonable for the public to bear the cost of relocating public facilities for the sole purpose of allowing this Project to proceed. It would also be unreasonable for the public to bear the cost of constructing a public boardwalk across private property when, historically, other private property owners and operators have borne the cost of boardwalk construction on their property. , , , CITY OF SEWARD, ALASKA RESOLUTION NO. 96-095 B. Relocation of Fourth Avenue and RV dump station. Given that conditions have not changed materially since these conditions were imposed by the Commission in 1993, the public interest requirement that the developer (Snowden) bear the cost of moving these two public facilities remains valid. If the project footprint did not encroach upon the roadway, there would be no need to relocate either the road or the RV dump station, and these requirements would not be necessary. However, as of the date of the hearing before the Commission, the scope of Snowden's project remained basically unchanged. Therefore, the decision of the Commission to deny Snowden's request to remove these two conditions was proper and in the public interest. The decision of the Commission is UPHELD, and the appeal of these two conditions, as filed by Snowden, is DENIED. C. Construction of public boardwalk. No evidence has been presented by Snowden which would support his assertion that construction of the boardwalk on his property should be at public expense. Precedent was set prior to the initiation of his original conditional use permit to require owners or operators of developed waterfront property to construct that portion of the boardwalk on their property. Therefore, the decision of the Commission to deny Snowden's request to remove this condition was proper and in the public interest. The decision of the Commission is UPHELD, and the appeal of this condition, as filed by Snowden, is DENIED. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day of July, 1996. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Keil, King, Sieminski None Deeter None ATTEST: ..~~)5.S1.iS.'S.r" .."....~ C~ ~~~. I,. '\' ... . '. ,,". ~#: .~ ~~ ".I'U,_ ',-"J~, ~#: .:;>()./." <,.")<e., f l~'~" :',:.~ \ '" .. . \AI : : ':. , ~ ~\i; ( ~>r\: ., ~ t ".. ... . ,.. .. ~,; .~" / :: "~~ iS~~:/~:;~:-. ,~.;~~-~ '~'~~ $ ~, ~.~;~:'~~. ~:.~..' ..'\../,.. ,....' +, , .. I:;.. ... ."'". \)r p.y'\..... (Cit~~eal.,i\""