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HomeMy WebLinkAboutOrd1990-638 . . . 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 . . . 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 . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 638 SUBSTITUTE ATTEST: APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward, Alaska /1 ,/ I / J ,------ '(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