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HomeMy WebLinkAboutRes2010-014 Sponsored by: Staff CITY OF SEWARD, ALASKA lbw PLANNING AND ZONING COMMISSION RESOLUTION 2010 -14 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.245(e)(4)(a) WIND ENERGY CONVERSION SYSTEMS (WECS), TO ALLOW THE PLACEMENT OF THE WECS STRUCTURE WITHIN THE NORTH AND EAST 1.1 SETBACK DEVELOPMENT REQUIREMENT ON LOT 2, BLOCK 1, LEIRER INDUSTRIAL SUBDIVISION, 1904 ALAMEDA STREET, WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, STG, Inc, representing Alaska Institution of Technology (AVTEC) has applied to the Seward Planning and Zoning Commission for a zoning variance from Seward City Code (SCC) §15.10.245(e)(4)(a) Wind Energy Conversion Systems (WECS), to allow the placement of a WECS structure within the North and East 1.1 setback development requirement; and WHEREAS, the applicant leases Lot 2, Block 1, Leirer Industrial Subdivision along with several adjacent lots to the North and one to the West across Alameda Street; and WHEREAS, the City recently adopted Ordinance 2010 -004 which established the zoning and development requirements for WECS within the City; and WHEREAS, SCC §15.10.245(e)(4)(a) requires a 1.1 setback ratio based on the height of the WECS being installed; and WHEREAS, the applicant has noted the proposed WECS is approximately 133 feet in height and requires 146.3 feet of setback from all property lines; and WHEREAS, the selected location for the WECS on Lot 2, Block 1 Leirer Industrial Subdivision provides a minimum of 146.3 feet to the West; a minimum 146.3 feet to the South; approximately 112.01 feet to the East; and approximately 54.10 to the North; and WHEREAS, as required by Seward City Code § 15.01.040, Public Hearings, property owners and lease holders within 300 feet of the requested variance parcel were notified of the proposed action, and the property was posted with public notice signage. 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 all of the following conditions have been found to exist prior to issuing a variance permit: Seward Planning and Zoning Commission Resolution 2010 -14 Page 2 of 5 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. The project is consistent with all of the conditional use permit requirements as follows: A. The use is consistent with the purpose of this chapter and the purposes of the zoning district. Finding: This condition has been met. The purpose of the Zoning Code is to promote public health, safety and general welfare by providing for planning and land use regulations within the city. The parcel is located within the Industrial Zoning District. According to the Zoning Code, Land Uses Allowed Table, Wind Energy Conversion Systems (WECS) are allowed as outright uses within the Industrial Zoning District. Recently adopted Seward City Code 15.10.245.WECS entails specific development requirements for each system. B. The value of adjoining property will not be significantly impaired Finding: There is no indication that the proposed WECS would significantly impair the value of adjoining properties. The majority of the parcels within the Leirer Industrial Subdivision are large lots generally larger than one acre in size. The applicant holds a long term lease on the two parcels adjacent to North and owns the third parcel. The applicant also holds a long term lease on the parcel to the West located across Alameda Street. The parcel to the South is currently un -leased and owned by Leirer Enterprises, LLC. The Alaska Railroad owns the 350 acre parcel adjacent to the East. SCC§ 15.10.140(b) allows the placement of the accessory structure and use on an adjacent parcel to the primary structure and use. The primary structure and use is located on the parcel to the North known as Lot 1, Block 1 Leirer Industrial Subdivision and contains the AVTEC Industrial Electricity Training Center. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The 2020 Comprehensive Plan supports and encourages development of the area around the AVTEC industrial trades campus. Supports public institutions in their effort to maintain, expand and develop. Support efforts to continuously improve the quality of educational facilities and services. D. Public Services and facilities are adequate to serve the proposed site. Finding: This condition has been met. Adequate water, sewer, and power are available to the property, as well as adequate police, fire and solid waste disposal services. However the enjoyment of this variance would not require any change or increase to the use of public water, sewer or power utilities. The electric department has stated underground electric utilities are planned for the existing 10 foot West utility easement and both the land owner and the lease holder aro have signed a restricted use letter which addresses future overhead electric and/or Seward Planning and Zoning Commission Resolution 2010 -14 Page 3 of 5 communication restrictions. At the time of this publication the public works director had not responded with any concerns for the water, sewer or public streets department, however no concerns were expressed during the City Project Meetings. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: There is no indication that the proposed use of portions of the North and East 1.1 required setback will be harmful to the public safety, health or welfare. The parcel to the East is owned by the Alaska Railroad and the portion abutting the applicants parcel contains undeveloped land, the coal storage pile and the equipment used to load the coal ships. Fire Chief Dave Squires submitted comments requesting the Alaska Railroad be made aware of this variance request. The Alaska Railroad has received the public hearing notice, been contacted by the applicant and has submitted a letter of non objection to the variance, which has been included with the variance application. The parcel to the North is leased by the applicant and includes the required primary structure of AVTEC Industrial Electricity Training Facility. The South corner of the structure is approximately 125.35 feet from the WECS. 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 to the proposed use. 1. The applicant shall obtain a Seward Building Permit before construction. 2. The applicant shall maintain the WECS structure in good condition and complete repairs promptly. 3. The applicant shall obtain all necessary Federal, State and local permits required for the WECS. 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: This condition has been partially met. The proposed site abuts, to the east, the large 350 acre parcel of the Alaska Railroad Reserve. SCC§ 15.10.245(e)(4)(a) allows a lesser setback when a property line abuts a lake or pond. Although the area to the east is not a lake or a pond the area immediately east of the proposed site does contain undeveloped land and the large coal storage area of the Alaska Railroad. The location of this WECS is dependent upon the already existing AVTEC Industrial Electricity Training Facility building located on the adjacent lot to the North. There is no other Industrial Electricity Training Center in Seward or parcels held by the applicant large enough to meet all setback requirements. ism 3. The special conditions and circumstances were not caused by actions of the applicant. Seward Planning and Zoning Commission Resolution 2010 -14 Page 4 of 5 Finding: This condition has been partially met. The applicant, AVTEC did develop the Industrial Electricity Training Center at the current location many years ago. This facility has been used in the industrial training program and continues to be a viable training center. In order to provide the training and education required to meet the demands for renewable energy the AVTEC training facility is developing the only WECS training facility in the State of Alaska. Due to the necessity of the proximity to the Industrial Electricity Training Center the applicant is unable to locate the WECS elsewhere in the City. 4. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: This condition has been met. The reason for granting this variance is to support the development of the AVTEC educational training facility and the State wide renewable energy uses. This training facility will benefit the community of Seward and the State by providing the only training facility within the'S 1,e'of'Alaska!'No financial gain or loss has been considered in this review. 5. Other nonconforming land uses or structures within the district shall not be considered as grounds for granting a variance. Finding: This condition has been met. No nonconforming structures or uses were considered in this review. No other WECS are currently in existence within the City. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. `• Finding: This condition has been met. The applicant has located the WECS on the parcel so as to meet the setback requirements of the West and South property lines and is requesting the minimum variance from only the East and North property lines. 7. The requested variance will not permit a land use in a district where the use is prohibited. Finding: This condition has been met. The property is zoned Industrial. The use of the property for the WECS is allowed as an outright use in the Industrial Zoning District. Section 2. The Planning and Zoning Commission finds the need for this variance is directly related to the applicant's Industrial Electricity Training Facility building located on the adjacent lot to the North, and therefore this variance will terminate upon any termination of the existing lease with the land owner of either Lot 1 or 2, Block 1 Leirer Industrial Subdivision and the WECS shall be removed by the lease holder prior to the final termination of the lease. Section 3. The Planning and Zoning Commission further finds the need for this variance is directly related to the applicant's WECS training program and therefore this variance shall terminate Seward Planning and Zoning Commission Resolution 2010 -14 Page 5 o f 5 upon the closure or nonuse of this WECS as a training program after a period of nonuse for 3 years and the WECS shall be removed by the applicant. Section 4. The Planning and Zoning Commission further finds the request meets the review criteria required for granting a variance, and hereby approves the request for a variance from Seward City Code (SCC)§ 15.10.245(e)(4)(a) Wind Energy Conservation System, to allow the installation and use of the 133 foot WECS within the North and East 1.1 setback requirement on Lot 2, Block 1 Leirer Industrial Subdivision subject to the conditions required in the Sections of this Resolution. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3" day of November 2010. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: Heinrich, Ecklund, Morgan, Roach NOES: None ABSENT: DeMarco ABSTAIN: None VACANT: Two s _ tr !!Rl To . SP ATTEST: � oS ` I I,► .. a , (City Seal) • JeanlLewis, C • City lerk • •* OF P► r;% $4 ttteraaas Orr