HomeMy WebLinkAboutRes2011-007 Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2011 -07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING THE SEWARD MARINERS MEMORIAL
ORGANIZATION A FLOODPLAIN VARIANCE FROM SEWARD CITY CODE
CHAPTER 15.25 FLOODPLAIN MANAGEMENT, TO CONSTRUCT THE
MARINERS MEMORIAL SITE ON THE FILL OF THE SOUTH HARBOR
UPLANDS WITHIN A MAPPED HIGH HAZARD VELOCITY ZONE,
LOCATED ON THE SOUTH SIDE OF THE SOUTH HARBOR UPLANDS,
WITHIN THE PARK ZONING DISTRICT
WHEREAS, the Seward Mariners Memorial Organization proposes to construct a Mariners
Memorial Pavilion on the South side of the South Harbor Uplands, within the Park Zoning District and
WHEREAS, the South Harbor Uplands was created from dredge fill material and is located
within the Coastal High Hazard Velocity Zone as identified on the Federal Emergency Management
Agency's (FEMA) Flood Insurance Rate Map (FIRM) No.020013 -6375, dated May 19, 1981, as a V6
,,,, Zone, with a Base Flood Elevation (BFE) of 11 (eleven) feet; and
WHEREAS, based on information provided from the Corp of Engineers the existing elevation
of the South Harbor Uplands is approximately 20 (twenty) feet which would place the lowest floor of
the Mariners Memorial Pavilion approximately 9 (nine) feet above the base flood elevation; and
WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code Section
15.25.050.D.4 states: The use of fill for structural support of buildings within Zones V1- V30 on the
FIRM is prohibited (Ordinance 98 -11); and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for a Floodplain
Variance to construct the proposed Mariners Memorial Pavilion on the filled lands of the South Harbor
Uplands; and
WHEREAS, FEMA is in the process of producing updated FIRM maps which removes the
South Harbor Uplands from the Coastal High Hazard Velocity Zone; the new FIRM maps are currently
scheduled to be ready for adoption the first part of 2012; . and
WHEREAS, the proposed Mariners Memorial development is primarily landscaping and an
open sided pavilion to honor those who have been lost at sea; and
Seward Planning and Zoning Commission
Resolution 2011 -07
Page 2 of 4
WHEREAS, the concept of a Mariners Memorial in the Seward Boat Harbor has been discussed
and worked on for many years and through generous donations and hard work the concept is now
becoming a reality; and
WHEREAS, over the last 10 (ten) years the Seward City Council, the Historic Preservation
Commission, the Port and Commerce Advisory Board and the Planning and Zoning Commission have
approved numerous resolutions of support for the Mariners Memorial location on the South Harbor
Uplands; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on May 3,
2011.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission
that:
Section 1. In accordance with Seward City Code Section 15.25.060 the Seward Planning and
Zoning Commission has considered all of the following factors:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site;
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
Seward Planning and Zoning Commission
Resolution 2011 -07
lbw Page 3 of 4
Section 2. The Commission makes the following specific findings regarding the Mariners
Memorial Development floodplain variance request:
1. The southeast corner of the South Harbor Uplands has been selected and supported by
Council and the public for many years as the location for the Mariners Memorial development. The
Memorial is specifically related to the sea and the seafaring community. Since the applicant's proposed
Memorial is in support of and dependent upon the location, there are no other feasible locations for the
structure that is not located within the currently mapped Coastal High Hazard Velocity Zone.
2. Granting the requested variance will not result in damage or hardship for this or any other
property. The proposed structure is open sided and predominantly landscaping in nature.
3. The proposed use is compatible with the surrounding harbor and waterfront uses.
4. The applicant has established good and sufficient cause for this Commission to find pursuant
to SCC§ 15.25.060(b)(5) that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing laws.
5. Because the proposed variance has low damage potential and otherwise conforms to all
variance criteria in SCC§ 15.25.060(a) & (b), the Commission finds this application to be one of those
"very limited circumstances" described at SCC§ 15.25.060(b)(7) for granting this floodplain variance to
the Mariners Memorial Organization on the southeast corner of the South Harbor Uplands.
6. Considering all of the above findings, the Commission hereby determines that the requested
variance to construct the Mariners Memorial, on the southeast corner of the dredge filled South Harbor
Uplands, is the minimum necessary to afford relief.
Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants the
Mariners Memorial Organization a floodplain variance from SCC§ 15.25.050.D.4. allowing the Mariner
Memorial to be constructed on the dredge fill materials of the South Harbor Uplands.
Section 4. Based on the above findings, the Planning and Zoning Commission finds the
proposed use, subject to the following condition satisfies the criteria for granting a floodplain variance,
and authorizes the administration to issue a Floodplain Variance Permit for the Mariners Memorial
subject to the following conditions:
1. Continue to work with staff to obtain a Floodplain Development Permit.
2. COt1Inue to work with the Building Department to complete the Building Permit process.
Seward Planning and Zoning Commission
Resolution 2011 -07
Page 4 of 4
Section 5. This resolution shall take effect ten (10) days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of
May 2011.
THE CITY OF SE ALASKA
1 Ck nit- .a C
Sandie Roach', Chat
AYES: Butts, Ecklund, Seabury, Heinrich, Roach'
NOES: None
ABSENT: Morgan
ABSTAIN: None
VACANT: One
ATTEST: (City Seal)
‚ ohanna Kinney, CMC
ity Clerk
va` a..i e „,
q ®� of AA EI
0 40 44
NI • ^ .�, - .^aim' 'r
( » . � AL ta
•••� r OF to
sc a aaa�
s
J