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Home My WebLink AboutRes2021-021 Sponsored by: Applicant REMOVED FROM AGENDA CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-021 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A VARIANCE TO CITY CODE §15.10.222 DEVELOPMENT REQUIREMENTS TO TURNAGAIN MARINE CONSTRUCTION CORP TO CONSTRUCT A BUILDING WITH A HEIGHT THAT EXCEEDS 34' ON TIN & 1S R 1W SEC 34 &3 SEWARD MERIDIAN SW, THAT POINT KNOWN AS THE ALASKA RAILROAD TERMINAL RESERVE IN SEWARD, LOCATED AT 1501 FERRY TERMINAL ROAD; WITHIN AN INDUSTRIAL(I)ZONING DISTRICT WHEREAS, Turnagain Marine Construction Corp. has applied for a Variance to City Code §15.10.222 Development Requirements from the Seward Planning and Zoning Commission to construct a building with a height that exceeds 34' at 1501 Ferry Terminal Road, T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point Known As The Alaska Railroad Terminal Reserve In Seward, Alaska; and WHEREAS,the property is in an Industrial (I) Zoning District; and WHEREAS, the current cruise passenger terminal size will not be adequate to accommodate the expected increase in passenger loads when the existing dock is replaced with a new, larger cruise ship dock; and WHEREAS, additional resources available to the Seward City Fire Department, as well as current Fire and Building Code, will address any life safety issues that could potentially be caused by a building exceeding 34' in height; 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 15.10.325.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a variance: 1) The use is consistent with all of the general conditions required for a conditional use permit; which are: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Seward Planning and Zoning Commission Resolution No. 2021-021 Page 2 of 5 Finding: The use of this property is consistent with the purposes of the Industrial Zoning District. B. The value of adjoining property will not be significantly impaired. Finding: No, the larger cruise ship dock and passenger terminal will only provide additional resources to Seward and the adjoining properties that will increase their value. 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) 3.5.1 - Port and Harbor Development • "Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans." 3.5.1.2 - Port and Harbor Development • "Continue working with the Alaska Marine Highway System (AMHS), Alaska Railroad, and cruise ship industries to develop convenient and well- publicized local, state, and national transportation connections from the port areas." Strategic Plan (1999) "Continue working with the Alaska Railroad, Alaska Marine Highway System, shipping, and cruise ship industries to ensure the expansion and modernization of the freight and cruise ship port facilities" (Page 7). 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. 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 Seward Planning and Zoning Commission Resolution No. 2021-021 Page 3 of 5 development, building design, operation of the use, and other similar aspects related to the proposed use. 2) Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. Finding: The proposed cruise passenger terminal and dock are unique in the district and the City of Seward. The terminal and dock will be the only place in Seward capable of docking cruise ships with passenger loads large enough to require such a terminal. 3) The special conditions and circumstances have not been caused by actions of the applicant. Finding: The applicant's actions have not caused these special conditions and circumstances. The City of Seward has stated in their Comprehensive Plan that they want to maintain a thriving Port through harbor improvements that will accommodate large vessels. 4) Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: Financial hardship or inconvenience are not reasons for requesting this variance. Substantial investments have been committed for expanding the cruise ship infrastructure. 5) Other nonconforming land use or structures shall not be a reason for granting a variance. Finding: Other non-conforming structures are not grounds for requesting this variance. Any property owner within this Zoning District could apply for the same kind of variance. 6) A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure. Finding: This variance request of 4 additional feet is the minimum variance necessary for the proposed cruise passenger terminal. 7) A variance shall not be granted which will permit a land use in a district which that use is otherwise prohibited. Finding: The proposed design does not change the current permitted use (terminal, marine/boat passenger; permitted in Industrial (I) Zoning District) — Land Use Regulations Table 15.10.226 Based on the above findings and conclusions, approval of the Variance to City Code §15.10.222 Development Requirements shall be subject to the following conditions: Seward Planning and Zoning Commission Resolution No. 2021-021 Page 4 of 5 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 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. Per Seward City Code §15.10.325(f). an approved Variance 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. 5. Modification of final approval of a variance may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the Variance 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 variance to City Code §15.10.222 Development Requirements provided the conditions listed on Section 1, Subsections 1 through 7 are met by the applicant, and authorizes the administration to issue a variance to Turnagain Marine Construction Corp. to construct a building with a height that exceeds 34' at 1501 Ferry Terminal Road, T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point Known As The Alaska Railroad Terminal Reserve In Seward, Alaska Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this Variance is paramount in maintaining the intent of Seward City Code Section 15.10.325: Variances, and authorizes the administration to issue a variance. 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. Seward Planning and Zoning Commission Resolution No. 2021-021 Page 5 of 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19' day of October 2021. THE CITY OF SEWARD, ALASKA REMOVED FROM AGENDA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: REMOVED FROM AGENDA Brenda Ballou, MMC City Clerk (City Seal)