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HomeMy WebLinkAboutRes2020-01 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-01 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO POLAR SEAFOODS TO ALLOW MEMBRANE STRUCTURES TO BE USED AS TEMPORARY STRUCTURES TO. SERVE AS AN EMPLOYEE CAMPGROUND ON LOT 2A, BLOCK 9, FOURTH OF JULY CREEK SUBDIVISION WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Polar Seafoods has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission for an Employee Campgrounds using temporary membrane structures to serve as employee living quarters within Lot 2A, Block 9, Fourth of July Subdivision, Polar Seafood Replat within the Seward Marine Industrial Center(SMIC); and WHEREAS, the Employee Campground will be located at the northeast corner of Lot 2A, Block 9, which is owned by the City and leased by Polar Seafoods; within the Industrial Zoning District; and WHEREAS, according to the Seward City Code (SCC), Land Uses Allowed Table 15.10.225, Employee Campgrounds are allowed in the Industrial Zoning District by CUP;and WHEREAS, the portable membrane structures are intended to provide housing for four (4)workers each with a total of eight(8) structures for a total 32 seasonal workers; and WHEREAS, the temporary structures are allowed by permit through the building department for a maximum of 180 days then must be removed; the employee campground use for housing is allowed by permit for 150 days; and WHEREAS, planned dinning, laundry and shower/sanitary facilities shall be provided within the required 500 feet distance at the main seafood processing plant; and WHEREAS, having complied with the public notification process, on January 7, 2020 the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. Seward Planning and Zoning Commission Resolution No. 2020-01 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning 111 Commission 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: This condition has been met or shall be by required conditions. The property is zoned Industrial (I). The Industrial Zoning District provides an area 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, SCC 15.05.025. (b) (10). Residential housing in an industrial zone is not permitted outright due to environmental hazards and other nuisances. However, housing in an industrial zone within a bunkhouse or employee campground is allowed by Conditional Use Permit. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met or shall be by required conditions. The area to the west and north includes the north dock at SMIC, fisherman's float, and crane. The area to the east contains a privately owned parcel housing a communications repair facility, a leased parcel containing a boat repair business and the City boat storage yard. To the south is the Polar Seafoods receiving and processing plant and further to the south is the City owned syncro-lift. The use of the proposed temporary structures to serve as employee living quarters would have the visual appearance of an employee campground. There is no indication the development will negatively impact the value of any adjoining properties. 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) in that both plans encourage growth of year-round business and both support the need for housing at all economic levels. Seward 2020 Comprehensive Plan (2017) The Comprehensive Plan promotes commercial development within the City of Seward in accordance with community values. Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 14). Strategic Plan (1999) Promote Residential and Commercial Development Inside the City. (First Bullet) Encourage construction of residential and seasonal housing at all market levels(page 9). Seward Planning and Zoning Commission Resolution No. 2020-01 Page 3 of 5 D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met or shall be by required conditions. Water, sewer, telephone and electrical service are available within the area. Garbage dumpsters are available onsite. Dinning and sanitary facilities shall be provided within the required 200 feet at the Polar Seafood facility. The applicant intends to increase the current shower/sanitary facilities and work with the building department to assure compliance with the building and fire code. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met or shall be by required conditions. There is an identified need for seasonal housing in Seward, particularly for seasonal employees. The temporary structures to serve as employee living quarters will require a temporary building permit. Temporary structures are allowed for a maximum of 180 days. Adequate fire hydrants exist within the required distances to the employee campground. And adequate police and life safety service are available. The Zoning Code does not have a specification for parking for employee campgrounds. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) employees at maximum capacity has been sufficient, based on current and historic usage. Providing adequate parking for the employees will mitigate parking concerns in the area. The facility currently provides parking for the maximum employee projection of 50 employees; the same 32 employees will be utilizing the employee campground. 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. 1. The membrane structures to be used as temporary structures shall be permitted annually, meet the building code requirements and development requirements as adopted by the City of Seward. 2. The temporary structures shall be removed at the end of the 180 day Temporary Permit period. 3. The use and placement of the temporary structures to serve as an employee campground shall meet the requirements of SCCC15.10.2260) Land Uses Allowed Employee Campgrounds. To include the 150 day occupancy period, leaving a 30 day set-up and tear down window for the temporary structures as allowed by the Building Code at 180 days. 4. The required parking shall be provided at a rate of one (1) space per ten (10) employees at maximum capacity. Current maximum capacity is 50 employees. (10 spaces required) Seward Planning and Zoning Commission Resolution No. 2020-01 Page 4 of 5 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. These containers shall be kept closed and emptied on regular bases to minimize the possible wildlife encounters. 6. To minimize life safety and security concerns, Polar Seafoods shall provide temporary porta potties within 25 feet of the temporary structures; education for the employees regarding the SMIC area to include the private property and areas that are open for public access; and provide education on wild life safety to include allowing no food in the campground area. 8. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to the public utilities if needed. 9. Pfr 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 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. 11. This Conditional Use Permit will expire when the current City of Seward land lease expires. 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, Subsection F are met by the applicant and/or the agent, and authorizes the administration to issue a conditional use permit to the Polar Seafoods to allow temporary structures .to serve as employee living quarters within the defined employee campground area of Lot 2A, Block 9, within the Seward Marine Industrial Center, subject to the above conditions. 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. Seward Planning and Zoning Commission Resolution No. 2020-01 Page 5 of 5 Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of January,2020. THE CITY OF SEWARD Cindy . cklund, Chair AYES:Swann, Seese,Charbonneau,Ambrosiani, Ecklund NOES:Fleming 111 ABSENT: ABSTAIN: VACANT: ATTEST: Brenda , C, City Clerk (City Sea��.• OF S� a°'•e • SEAL ti OF Al- P&Z Agenda Statement Meeting Date: January 7, 2020 Through: Jackie C. Wilde, Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Resolution 2020-01 granting a Conditional Use Permit to Polar Seafoods to allow an employee campground on Lot 2A, Block 9, Fourth of July Creek Subdivision BACKGROUND &JUSTIFICATION: Polar Seafoods has applied for a Conditional Use Permit (CUP) to allow temporary structures to serve as employee living quarters within an employee campground on Lot 2A, Block 9, within the Seward Marine Industrial Center (SMIC). According to the Seward City Code, Land Uses Allowed Table 15.10.225, employee campgrounds are allowed in the Industrial Zoning District by CUP. This parcel is owned by the City and leased to Polar Seafoods. The proposed campground is to be located on the northeast area of Lot 2A, Block 9, Polar Seafoods Replat. This parcel is approximately 2 acres in size. The processing plant is located on the dock area at the southwest end of the parcel. The area to be used as employee campgrounds is approximately 75 x 100 feet, 7,500 square feet. The Planning and Zoning Commission approved Resolution 2015-10, granting a 5-year permit for Polar Seafoods to operate an employee campground using temporary membrane structures. Polar Seafoods has applied for an employee campground CUP to continue the providing of temporary employee seasonal housing in the same manner and placement. The temporary housing units are membrane structures and will require an annual permit and inspection from the Building and Fire Departments. The structures will house four (4) employees each with a maximum of 8 units. The structures will be removed from the parcel each year at the end of the 180 day permit period. Concerns for security at the Seward Marine Industrial Center (SMIC) and life safety from wildlife shall be addressed through education of the employees by Polar Seafoods. SURROUNDING LAND USE AND ZONING: The parcel is within the Industrial Zoning District. The area to the west and north includes the north dock at SMIC, fisherman's float, and crane. The areas to the east include a privately owned parcel containing a communications repair facility, a leased parcel containing a boat repair business and the City boat storage yard. To the south is the Polar Seafoods receiving and processing plant and further south is the City owned syncro-lift. Floodplain status: According to the FEMA Flood Insurance Rate Map, adopted by the City of Seward, a narrow portion along the west property line is within the VE (coastal high hazard) flood zone. The Planning and Zoning Agenda Statement Resolution 2015-10 Page 2 of 4 remainder of this parcel and all adjoining parcels is Zone D, area of undetermined but possible flood hazard. Utilities: The required sanitary facilities shall be provided within the maximum 200 foot distance specified in SCC 8.15.425(b), located at the main processing plant. Dinning and laundry facilities as well as break-room and recreation and entertainment areas are also provided at the main processing plant. Parking: The Zoning Code does not have a specification for parking for employee campgrounds. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) employee at maximum capacity has been sufficient, based on current and historic usage. The facility currently provides parking for the maximum employee projection of 50 employees; the same 32 employees will be utilizing the employee campground. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council 2017): The Comprehensive Plan promotes commercial development within the 1. City of Seward in accordance with community values. X Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 14). Strategic Plan (1999): Promote Residential and Commercial Development Inside the City. 2. • X Encourage construction of residential and seasonal housing at all market levels. (page 9) Seward City Code 3. 15.10.225 Land Uses Allowed Table: X Campground, Employee allowed by Conditional Use Permit Staff Comments Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment N/A Building Department X Public Works Department X Harbor Department The Harbor department advises that the applicant's lease expires in June of 2021,and this CUP cannot extend past May 2021. Police Department X Electric Department X Telecommunications X Planning and Zoning Agenda Statement Resolution 2015-10 Page 3 of 4 Public Comment Property owners within three hundred (300) feet of the parcel were notified of this proposed Conditional Use Permit. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15.01.040 Public Hearings were complied with. At the time of the publication of this report, staff received one inquiry on this Conditional Use Permit Application. Staff discussed the application and the use of membrane structures as temporary housing. The citizen stated concerns that membrane structures were substandard housing, and are potentially unsafe and unsecure. Any comments received after this publication will be presented as a lay down to the Commission and the public at the January 7, 2020 meeting. RECOMMENDED CONDITIONS: 1. The membrane structures to be used as temporary structures shall be permitted annually, meet the building code requirements and development requirements as adopted by the City of Seward. 2. The temporary structures shall be removed at the end of the 180 day Temporary Permit period. 3. The use and placement of the temporary structures to serve as an employee campground shall meet the requirements of SCC§15.10.226 6) Land Uses Allowed Employee Campgrounds. To include the 150 day occupancy period, leaving a 30 day set-up and tear down window for the temporary structures as allowed by the Building Code at 180 days. 4. The required parking shall be provided at a rate of one (1) space per ten (10) employees at maximum capacity. Current maximum capacity is 50 employees. (10 spaces required) 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. These containers shall be kept closed and emptied on regular bases to minimize the possible wildlife encounters. 6. To minimize life safety and security concerns, Polar Seafoods shall provide temporary porta potties within 25 feet of the temporary structures; education for the employees regarding the SMIC area to include the private property and areas that are open for public access; and provide education on wild life safety to include allowing no food in the campground area. 8. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to the public utilities if needed. 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 Planning and Zoning Agenda Statement Resolution 2015-10 Page 4 of 4 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 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: Based on the findings provided in Resolution 2020-01, staff recommends granting a Conditional Use Permit to Polar Seafoods to allow portable buildings (membrane structures)used as temporary structures to serve as an employee campground on Lot 2A, Block 9, Fourth of July Creek Subdivision within the Industrial Zoning District.