HomeMy WebLinkAboutRes2021-022 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-022
A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska,Granting a Conditional Use Permit to the Seward Police Department
to Construct an Animal Shelter on Lot 6A-2, Fort Raymond Subdivision,
Replat No. 3, Located at 601 Sea Lion Avenue; Within an Institutional (Ins)
Zoning District
WHEREAS, the City of Seward Police Department has applied for a Conditional Use
Permit(CUP) from the Seward Planning and Zoning Commission to construct an animal shelter
at 601 Sea Lion Avenue, Lot 6A-2, Fort Raymond Subdivision, Replat No. 3;and
WHEREAS,the property is in an Institutional(Ins)Zoning District;and
WHEREAS,Resolution 2018-080 approved that the animal shelter should be relocated to
Lot 6A-2, Fort Raymond Subdivision,Replat No. 3;and
WHEREAS, Resolution 2021-078 authorized the City Manager to enter into a contract
with Dawson construction for the design-build of the Seward Animal Shelter; 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.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: The definition for the Institutional District states that it is for "public and
private educational, administrative, government and health care uses...the
development standards are intended to set a high standard to assure that the activities
provide visual amenity to the surrounding area."An animal shelter operated by the City
of Seward Police Department is a government use. Also, the design for the structure
follows the high development standards, which will provide visual amenity to the
surrounding area.
Seward Planning and Zoning Commission
Resolution No. 2021-022
Page 2 of 4
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. The surrounding properties are owned by the
City of Seward and the Kenai Peninsula Borough. There is no indication that the
addition of an animal shelter will negatively affect the value of adjoining property.
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)
Ch 2.2.9- Public Safety
• "Identify and support an appropriate site for a new animal control shelter."
Ch 3.7.1.5- Public Facilities and Services
• "Relocate the animal shelter facility to a more appropriate area"'
Strategic Plan (1999)
'`Promote a safe community"(Page 18)
D. Public Services and facilities are adequate to serve the proposed use.
Finding:This condition has been met.Adequate water,sewer,and power are available
to the property as well as adequate fire, police and solid waste disposal services. City
Code requires that every business within the City must provide containers suitable for
refuse collection(SCC 14.05).
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. Also, animals being brought
or taken from the shelter will be unloaded and loaded in a back area that is completely
fenced in.The outdoor kennels are also completely fenced in.
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
follo��ing conditions:
1. The applicant shall work with City staff through the building permit process
to address and accomplish any required upgrades.or modifications.
Seward Planning and Zoning Commission
Resolution No. 2021-022
Page 3 of 4
a. Prior to operation, the building will be constructed following
requirements per International Fire Code (IFC) and International
Building Code(IBC)
2. The applicant shall work with all City Utility Departments for any possible
upgrades to the water, sewer and/or electric utilities prior to a certificate of
occupancy being issued.
3. All parking and maneuverability shall remain on site for the life of the use.
4. Bear-proof/bird resistant containers shall be provided for all garbage and
refuse for the life of the use.
5. 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.
6. 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.
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, and authorizes
the administration to issue a conditional use permit to the City of Seward Police Department to
construct an animal shelter at 601 Sea Lion Avenue, Lot 6A-2,Fort Raymond Subdivision, Replat
No. 3
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.
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 19th
day of October 2021.
Seward Planning and Zoning Commission
Resolution No. 2021-022 moo
Page 4 of 4
THE CITY OF SEWARD, ALASKA
om Swa ,Vice Chair
AYES: Swann, Seese, Ambrosiani, Charbonneau, Verhey, Sullivan
NOES:
ABSENT: Ecklund
ABSTAIN:
ATTEST:
rends Ballou, C
City Clerk
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