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HomeMy WebLinkAboutRes2012-011Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012 -11 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO LEIF OLSON FOR THE DEVELOPMENT OF A SINGLE FAMILY HOME ON THAT PORTION OF GOVT. LOT I LYING EAST OF THE SEWARD HIGHWAY AND THE ALASKA RAILROAD RIGHT OF WAY, WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT; LOCATED AT 2608 SEWARD HIGHWAY WHEREAS, Mike Insalaco, an agent for the property owner, has properly applied for a Conditional Use Permit, to construct a single family home at 2608 Seward Highway; and WHEREAS, the proposed single family home will be located on the western portion of a large 11 acre parcel East of the Seward Highway and Alaska Railroad right of way, within the Resource Management zoning district; and WHEREAS, a Single Family Home is an allowed use within the Resource Management District according to Seward City Code (SCC) 15.10.225 Land Uses Allowed Table with a Conditional Use Permit; and WHEREAS, this parcel of land is located within the 1981 mapped flood hazard area and will require a floodplain development permit and include building to floodplain development standards; and WHEREAS, having complied with the public notification process; on August 21, 2012, 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 has reviewed the applicant's request for a Conditional Use Permit to construct a single family home on that portion of Govt. Lot 1 lying east of the Seward Highway and the Alaska Railroad right of way, within the Resource Management zoning district; located at 2608 Seward Highway 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 met or shall be through the conditions of the Seward Planning and Zoning Commission Resolution 2012 -11 Page 2 of 4 Conditional Use Permit. The development and use, as proposed, are consistent with Seward City Code Land Uses Allowed Table in 15.10.225. Single family homes within the Resource Management zoning district are allowed by conditional use permit granted by the Seward Planning and Zoning Commission. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been met or shall be through the conditions. There is no evidence that the Single Family Home, as it is proposed, will impair adjoining properties or rights -of -way. The owner plans to construct a 4800 square foot home with a two -bay garage. The applicant plans a self - contained single family home and shall obtain all required permits, including but not limited to the Alaska Department of Environmental Conservation permits for the on -site septic and water. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met or shall be through the conditions. Seward 2020 Comprehensive Plan (approved by Council, 2005) Section 3.3 Housing, Encourage the development of new housing in Seward. (page 22) Strategic Plan (1999) Promote Residential and Commercial Development Inside the City (page 9) 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been partially met and shall be completed through the building and permitting process as well as conditions of the Conditional Use Permit. Water, sewer and possibly electric services will be developed on -site as allowed for by SCC §16.01.030(3). If possible power service will be extended to the property. The site will be served by community fire, police, solid waste disposal and other services as might be necessary for operation of the single family home. On site water and sewer are required to meet and be permitted by State of Alaska Department of Economic Development. 5. The proposed use will not be harmful to the public safety, health or welfare. Seward Planning and Zoning Commission Resolution 2012 -11 Page 3 of 4 Finding: This condition has been met or shall be through the conditions. There is no evidence that the construction and operation of the single family home, as proposed, would be harmful to the public's safety, health and welfare. All on site water and sewer shall meet the requirements of the State of Alaska Department of Economic Development. The parcel is located within a mapped flood hazard area; a floodplain development permit is required. Additional water storage shall be made available for fire protection. 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 condition: 1. Before any construction begins the applicant shall obtain and comply with all applicable laws and permitting pertaining to development of the property including but not limited to the Seward Floodplain Development permit; Seward Building Permit; Alaska Department of Environmental Conservation; US Army Corp of Engineers; all other State and Federal Permitting. 2. Continue to work with City staff to coordinate site visits to address and remove any outstanding code compliance issues prior to issuing a certificate of occupancy. 3. Work with the City Fire Department to meet on site water demands for fire protection. 4. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. 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 permiee 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. 7. Any development on the property shall not be within 50 feet of mean high water of Japanese Creek. Seward Planning and Zoning Commission Resolution 2012 -11 Page 4 of 4 Section 2. The Planning and Zoning Commission finds the proposed use, based on the application and supporting materials and subject to the above conditions satisfies the criteria for granting a Conditional Use Permit provided the conditions listed on Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a Conditional Use Permit to Leif Olson for the construction and use of a Single Family Home located at 2608 Seward Highway, a portion of Government Lot 1 lying East of the Seward Highway and Alaska Railroad Right of Way, within the Resource Management zoning district. Sect 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. Sect�ion4 This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21st day of August, 2012. THE CITY OF SEW Sandie Roach', Chair AYES: Butts, McClure, Ecklund NOES: Fleming, Roach' ABSENT: Morgan ABSTAIN: None VACANT: One ATTEST: o anna e ey, City Clerk (City Sea r � M4 r � tf + + +h O. 0 �. J