HomeMy WebLinkAboutOrd1990-638
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sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
ORDINANCE NO. 638 SUBSTITUTE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, CHANGING THE LAND USE AND ZONING
MAPS OF THE CITY FROM PARK TO INSTITUTIONAL FOR THAT
AREA OF THE WATERFRONT PARK BETWEEN AN EASTERLY EXTENSION
OF A STREET AND C STREET
WHEREAS, the City and the State of Alaska Department of
Transportation and Public Facilities, Alaska Marine Highway System
(State), have mutually worked toward development of new ferry
terminal and dock facilities (Facility) in Seward; and
WHEREAS, after a lengthy evaluation process, it appears that
the only feasible and prudent site remaining in Seward that
fulfills the criteria for the Facility is located in Waterfront
Park, along the waterfront east of an extension of B Street; and
WHEREAS, under existing City regulations, the present
designated land use and zoning for the proposed Facility site is
Park; and
WHEREAS, the proper City land use and zoning designation for
a facility such as that proposed by the State is Institutional,
which is considered to be public or government services; and
WHEREAS, Federal Highway Administration (Administration)
regulation !i771.1354 (f) states that the Administration "may not
approve the use of land from a significant publicly owned public
park, recreation area..." unless certain determinations are made
ruling out all other alternatives; and
WHEREAS, federal dollars make up the majority of the proposed
funds for the proposed Facility and, thus, the City should address
the environmental issues of "constructive use" of the Facility site
as set forth in the federal regulations when considering a land use
change; and
WHEREAS, the site of the proposed Facility, although contained
within "Waterfront Park", currently exists as an undeveloped,
under-utilized parcel of raw land, absent of any park-like
atmosphere; and
WHEREAS, the new site Facility would not introduce a new
"constructive use" or proximity impact to the Waterfront Park
because the existing ferry terminal and dock facility borders the
Park at the opposite end of the Park, and further, the Facility
would be located near the existing boat harbor with all its related
private and commercial sea and upland traffic; and
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 638 SUBSTITUTE
WHEREAS, the new site Facility would not introduce a
substantial visual intrusion to the overall area due to the
existing traffic associated with the boat harbor, as well as the
visual vista which encompasses fisheries, railroad and tour ship
activity: and
WHEREAS,
percentage of
the remaining
and projected
location of the Facility removes only a small
the adjacent Waterfront Park from use as a park, and
Park grounds are deemed adequate to accommodate past
recreational users: and
WHEREAS, the Facility will not impact accessibility or
decrease the utility of the remaining area of Waterfront Park: and
WHEREAS, following its evaluation of the associated impacts,
the Seward city Council finds that construction of the Facility at
the proposed site will have only minor impacts that will not
substantially impair the prior significance and enjoyment value of
Waterfront Park or adjacent properties as a whole:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
section 1. The Land Use Plan and Zoning District designations
for that portion of the Seward Waterfront Park located on both
sides of Ballaine Boulevard and between easterly extensions of A
Street and C Street shall be changed from Park to Institutional.
section 2. The redesignated parcel is dedicated as the site
for the construction of the Facility described above. Until such
time as the Facility is constructed, the redesignated parcel shall
retain its prior use as park area and remain undistinguished from
the adjacent Waterfront Park lands.
section 3. This ordinance shall take effect ten (10) days
following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 14th day of January, 1991.
THE CITY OF SEWARD, ALASKA
(~dlJl{
WILLIAM C. NOLL, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Hilton, Krasnansky, Meehan, Noll and Sieminski
None
Burgess
None
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 638 SUBSTITUTE
ATTEST:
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
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'(2IY0i~~ . /a"Vt/)
ordon Tans
city Attorney
(City Seal)
Introduced By: Meehan/Hilton
Introduction Date: 12/10/90
Public Hearing &
Enactment Date: 01/14/91