Loading...
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