HomeMy WebLinkAboutRes2011-011 Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2011 -11
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO COLASKA, dba QUALITY ASPHALT
& PAVING (QAP) TO EXTRACT GRAVEL FROM PORTIONS OF
THREE PARCELS LOCATED WITHIN THE CITY LIMITS AND THE
RESURRECTION RIVER, WITH KENAI PENINSULA BOROUGH TAX
PARCEL ID NUMBERS OF 144 -03- 041, 044 & 045, WITHIN THE
RESOURCE MANAGEMENT ZONING DISTRICT
WHEREAS, Coalaska, dba QAP has applied for a Conditional Use Permit from the
Seward Planning and Zoning Commission to extract gravel from the dewatered gravel bars of the
Resurrection River within three lots having Kenai Peninsula Borough Tax Parcel numbers and
legal descriptions of: 14403041, Section 27 portion NW 1 /4 SE 1 /4 lying within Seward City
limits, excluding West 330 feet; 14403044, Section 27 West 330 feet of NW1 /4 SE1 /4 lying
within Seward City limits; and 14403045, Section 27 NE1/4 SW1 /4; and
WHEREAS, these properties are located within the Resource Management Zoning
District; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225,
"resource extraction, commercial surface, i.e., gravel" is allowed in the Resource Management
Zoning District as a conditionally permitted use; and
WHEREAS, the applicant has applied for and received both the Kenai Peninsula
Borough and City of Seward floodplain development permits allowing for annual extraction of
up to 50,000 cubic yards of material; and
WHEREAS, the gravel will be used to support and benefit public roads and private
properties in the community both inside and outside the City Limits; and
WHEREAS, extracting gravel from the dewatered gravel bars of the Resurrection River
helps mitigate the flooding by increasing the area available for flood water flows; and
WHEREAS, allowing gravel extraction promotes economic development and
improvement of infrastructure within the community; and
WHEREAS, having complied with the public notification process, on October 6, 2011,
the Seward Planning and Zoning Commission held the required public hearing on the
Seward Planning and Zoning Commission
Resolution No. 2011 -11
Page 2
Conditional Use Permit application.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the
use satisfies the following conditions prior to granting a conditional use permit:
A. 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 at the time of agenda distribution.
The property is zoned Resource Management. The Resource Management Zoning
District provides for "Lands, which are generally undeveloped and cannot be precisely
zoned due to inadequate information on the extension of public services and utilities; the
suitability of the land to support commercial, residential, industrial or public uses; and
other possible environmental consideration." A gravel extraction operation is allowed in
the Resource Management district by conditional use permit from the Planning and
Zoning Commission and no adverse impacts to adjoining properties or other properties in
the area or the district are anticipated.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met. The neighboring properties, which are
within the City limits, are vacant and undeveloped. Since the gravel will be processed,
stored and transported on properties outside of City limits, there is minimal impact
expected for the adjoining properties within City limits. There is no indication that the
development will negatively impact the value of adjoining properties, as properties
downstream are being used for a similar activity. Other properties along Resurrection
River and Japanese Creek are also used for gravel extraction. There have been no public
comments received from the neighboring property owners.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: The proposed use is not specifically mentioned in the Seward 2020
Comprehensive Plan (2005) or in the Strategic Plan (1999). However, both plans
encourage ongoing and additional economic activities within the community.
Seward 2020 Comprehensive Plan (approved by Council, 2005)
The Comprehensive Plan has no specific statement relating to this type of an activity.
Strategic Plan (1999)
The Strategic Plan has no specific statement relating to this type of an activity.
Seward Planning and Zoning Commission
Resolution No. 2011 -11
Page 3
D. Public Services and facilities are adequate to serve the proposed use.
Finding: Water, sewer, and power are not available, but they are not needed for this
activity. Emergency service vehicles can access the property from the North via Herman
Leirer Road.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: Removing gravel from the dewatered gravel bars of the Resurrection River
will increase the area available for flood flows. Extracting gravel is beneficial to the
community. A floodplain development permit has been obtained by the applicants.
Engineering studies have been completed and all other required permits have been
obtained.
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 related to the proposed use.
Based on the above findings and conclusions, approval of the CUP shall be subject
to the following conditions:
�.. 1. This permit only authorizes the activity, if any issues involving stream flow,
gravel rights or rights to other resources are involved, the applicants shall address
those concerns through separate processes.
2. Riverbanks and riverine vegetation shall not be altered or disturbed during gravel
extraction operations.
3. Fuel storage shall not be allowed onsite.
4. Adequate sanitation facilities, such as portable latrines, shall be onsite and
removed during periods of non - operation.
5. Issuance of this permit does not alleviate the applicant's responsibility to obtain
all local, state and federal permits, as necessary.
6. This permit shall be renewed annually by administration to coincide with the
annual renewal of the Floodplain Development Permit, providing all conditions
have been met and renewal of the Floodplain Development Permit is authorized.
7. 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.
8. 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.
Seward Planning and Zoning Commission
Resolution No. 2011 -11
Page 4
owl
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the
above conditions satisfies the criteria for granting a Conditional Use Permit provided the
conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the
administration to issue a Conditional Use Permit for gravel extraction to Colaska Inc. dba
Quality Paving and Asphalt.
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 6th day of
October 2011.
THE CITY OF SEWARD
1/4,2
j
Sandi Roach', Chair
AYES: Morgan, Ecklund, Heinrich, Roach'
NOES: None
ABSENT: Butts
ABSTAIN: None
VACANT: Two
A TEST:
4 .1
J I hanna Kinney, CMC
ity Clerk
(City Seal) , 4 * * 6 �"`
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