HomeMy WebLinkAboutRes2010-010 Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2010 -10
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO PAUL TOUGAS, DBA SEWARD
INFORMATION CENTER TO CONSTRUCT AND OPERATE KENAI
FJORDS RECREATIONAL VEHICLE (RV) PARK AND WINTER
STORAGE, ON LOTS 1, 4, AND 5 BLOCK 7, OCEANVIEW
SUBDIVISION, LOCATED AT 1115 FOURTH AVENUE, WITHIN THE
AUTO COMMERCIAL ZONING DISTRICT
WHEREAS, Paul Tougas dba as Seward Information Center, has applied for a
Conditional Use Permit from the Seward Planning and Zoning Commission to construct and
operate Kenai Fjords Recreational Vehicle (RV) Park and Outdoor Winter Storage on Lots 1, 4
and 5, Block 7, Oceanview subdivision; and
WHEREAS, Lots 1, 4 and 5, Block 7, Oceanview Subdivision are located within the
Auto Commercial District, to the north of Van Buren between Third and Fourth Avenues at 1115
Fourth Avenue; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225,
RV Parks and Outdoor Winter Storage are allowed in the Auto Commercial District by
Conditional Use Permit; and
WHEREAS, members of the public have inquired and supported the operation of a
privately owned and operated RV Park within the City; and
WHEREAS, the exact layout and site plan for the RV Park has not yet been determined;
however the site plan and life safety inspections shall be reviewed and approved during the
permitting process; and
WHEREAS, having complied with the public notification process, on September 7, 2010
the Seward Planning and Zoning Commission held the required public hearing on the
Conditional Use Permit application.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission
Seward Planning and Zoning Commission
Resolution 2010 -10
Page 2 of 4
has applicant's request the a licant's uest for a CUP to construct and operate a Camper Park and
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Outdoor Winter Storage within the Auto Commercial District on Lots 1, 4 and 5, Block 7,
Oceanview Subdivision, and made the following Findings of Fact:
1. 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 established.
The property is located within the Auto Commercial Zoning District (AC). Camper parks
and Outdoor Winter Storage are allowed in the Auto Commercial Zoning District by
Conditional Use Permit. The Auto Commercial Zoning District provides an area to
accommodate highway - oriented commercial activities and uses requiring substantial
outdoor activity. Operating a Camper Park and Outdoor Winter Storage is consistent
with the other uses in the Auto Commercial Zoning District.
2. The value of adjoining property will not be significantly impaired.
Finding: This condition has been established or shall be through the conditions.
The neighboring property to the North is within the Harbor Commercial Zoning District
and contains the City owned parking lot. The two parcels adjoining to the South are both
zoned Auto Commercial and privately owned, one is the lease site of Red's Burger Bus
and the other contains the parking lot for the Saltwater Safari Hotel. The parcels to the
East across Fourth Avenue contain the Harbor Lights Apartments and are zoned Harbor
Commercial. To the West is the City owned Lagoon on the North which is zoned Park
and two privately owned parcels to the South, one of which contains Al's Patty Wagon,
both are zoned Auto Commercial. There is no indication the requested RV Park and
Outdoor Winter Storage area will negatively impact the value of any of adjoining
properties.
3. 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 2020 Comprehensive Plan and Strategic
Plan (1999) in that both plans encourage growth of year -round business. This project is
also supported by the Small Boat Harbor Management Plan. The availability of an RV
park in close proximity to the Small Boat Harbor enhances commercial uses within the
neighboring Harbor Commercial Zoning District. The Small Boat Harbor Management
Plan (1993) recommends that commercial uses allowed in the Small Boat Harbor to be
targeted to those that strengthen and enhance the Small Boat Harbor as a center for
marine /tourist conveniences.
4. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition shall been met.
All water, sewer, and electric power are available within the adjacent Rights -of -way. The
applicant has stated the RV Park will provide full hook -ups. The applicant has met with
the Public Works and Electric Departments to start the process for the needed
improvements. Suitable refuse collection is available.
Seward Planning and Zoning Commission
Resolution 2010 -10
Page 3 of 4
him 5. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been established or shall be through the conditions.
There is no evidence an RV Park or Outdoor Winter Storage area within the Auto
Commercial zoning district will cause any additional concerns to public safety, health or
welfare. Adequate fire, police and solid waste disposal services are available to the
property. Bear resistant trash receptacles are available and required by the conditions. A
recreational vehicle park leased and operated by another company was located on the
same parcels for many years with no increase to public safety, health or welfare. The
applicant shall be required to obtain an annual Seward business license and Camper Park
permit, which requires an annual life safety inspection of the area.
6. 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 following conditions:
1. The use of Lots 1, 4 and 5, Block 7 as an RV Park and Outdoor Winter Storage
shall meet all Seward City Code requirements for a Camper Park within the
Seward City Code.
2. Approved bear resistant trash containers shall be provided.
3. A City of Seward Sign Permit is required prior to the placement of any signs.
4. A minimum 10 foot No Parking buffer shall be maintained along both sides of the
anadromous stream of Sheffler Creek.
5. The Planning and Zoning Commission may modify this conditional use permit if
changed uses no longer conform to the standards and legal requirements justifying
its present approval, or if the permittee applies for a modification to meet a
different development plan that conforms to the standards and legal requirements
for approval of a conditional use permit.
6. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing
fee established by resolution of the city council.
Section 2. The Planning and Zoning Commission finds the proposed use, subject to the
above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the
administration to issue a conditional use permit to Paul Tougas, to construct and operate Kenai
Fjords RV Park and allow Outdoor Winter Storage on Lots 1, 4 and 5, Block 7, Oceanview
Subdivision within the Auto Commercial Zoning District.
Seward Planning and Zoning Commission
Resolution 2010 -10
Page 4 of 4
1
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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 7
day of September 2010.
THE CITY OF SEWARD
/j
Sandie Roach', Chair
AYES: DeMarco, Heinrich, Ecklund, Roach'
NOES: None
ABSENT: Morgan
ABSTAIN: None
VACANT: Two
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