HomeMy WebLinkAboutRes2012-013 Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2012 -13
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, OF THE CITY OF SEWARD, ALASKA GRANTING
DENNIS AND PAT PERRY A FLOODPLAIN VARIANCE FROM SEWARD
CITY CODE CHAPTER 15.25 FLOODPLAIN MANAGEMENT TO
CONSTRUCT AN AIRCRAFT HANGAR UP TO 4 FEET BELOW BASE
FLOOD ELEVATION ON LOT 7, BLOCK 200 SEWARD AIRPORT, 2106
AIRPORT ROAD
WHEREAS, applicants Dennis and Pat Perry propose to construct an aircraft hangar on
Seward Airport Lease Lot 7 Block 200, Seward Airport, leased from the State of Alaska, Department
of Transportation; and
WHEREAS, Lot 7, Seward Airport is located within a designated 100 -year floodplain as
identified on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map
(FIRM); and
WHEREAS, according to FIRM No. 020012- 3255A, dated May 19, 1981, the Base Flood
Elevation for Lot 7, Seward Airport is approximately 20.5 feet; and
WHEREAS, based on an elevation survey prepared by a registered land surveyor, the
existing elevation of the proposed development site is approximately 17.0 feet which would place the
lowest floor of the building approximately 3.5 feet below the base flood elevation; and
WHEREAS, based on the same elevation survey the lot corners of Lot 7 are approximately
16.0 feet which would place the adjacent tarmac at more than 4 feet below the base flood elevation;
and
WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code
Section 15.25.050.B.2.a &b, requires that the lowest floor of non - residential construction be elevated
to the base flood elevation, or be flood - proofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water; or be constructed with
components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
WHEREAS, the applicant would be unable to access the structure for its designed use if the
structure were to be elevated at or above the base flood elevation which is approximately 4 plus feet
above the adjacent tarmac; and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for a
""' variance from the City of Seward Floodplain Management Ordinance to construct the proposed
Seward Planning and Zoning Commission
Resolution 2012 -13
Page 2 of 5 ..id
aircraft hangar's lowest floor at a grade of approximately 1 foot above the adjoining airport apron
elevation of approximately 16 feet; and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for a
variance from the City of Seward Floodplain Management Ordinance 15.25.050(B)(2)(a) to construct
the proposed aircraft Hangar and supporting utilities without being flood - proofed with watertight
walls substantially impermeable to the passage of water; and
WHEREAS, the applicant has stated he plans to meet the City of Seward Floodplain
Management Ordinance 15.25.050(B)(2)(b) by the providing the additional components capable of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 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
September 4, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that: awl
Section 1. In accordance with Seward City Code Section 15.25.060(a)(4) 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; There
is no reason to believe that placement of the structure will increase the danger of materials being
swept onto other lands. Staff has consulted with Dan Mahalak, Kenai Peninsula Borough
Hydrologist for his professional opinion. He has stated the area is a low flow velocity area. Mahalak
also noted if the structure were to be built above the Base Flood Elevation the added fill would cause
more problems by creating velocity on neighboring properties and/or increase flood levels in the
area.
b. The danger to life and property due to f looding or erosion damage. The past three major
flood events in 1986, 1995 and 2006 did not present any significant threat to life and/or property in
the area of the proposed structure.
c. The susceptibility of the proposed facility and its contents toflood damage and the effect
of such damage on the individual owner. The past three major flood events in 1986, 1995 and 2006
did not present any significant threat of flooding to the area.
d. The importance of the services provided by the proposed facility to the community. The
applicant is a licensed aircraft pilot, the aircraft hangar allows the applicant to protect his investment, awl
there is no public services planned by the applicant.
Seward Planning and Zoning Commission
Resolution 2012 -13
Page 3 of 5
e. The necessity to the facility of a waterfront location, where applicable. Not applicable.
f. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage. The majority of the Seward Airport and surrounding property is
located within the floodplain or floodway. Since an aircraft hangar requires a location near an
airport, there are no other feasible locations for the proposed structure.
g. The compatibility of the proposed use with the existing and anticipated development.
The proposed use is compatible with the surrounding industrial Iand uses and existing similar aircraft
facilities.
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area. The 2020 Comprehensive Plan section 3.8.2 addresses
floodplain development by supporting the participation in the National Flood Insurance Program
(NFIP). Flooding of streams and rivers has historically occurred in Seward and the outlying areas as
most flat lands along the south central Alaskan coast is floodplain. The Resurrection River channels
and the airport erosion need continued attention. There is no evidence that this project would in any
way increase or hinder the existing flooding issues in the area.
Vii...
L The safety of access to the property in times of flood for ordinary and emergency
vehicles. It does not appear the proposed structure will add any safety concerns for standard and /or
emergency vehicles during flood events.
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the f food
waters and the effects of wave action, if applicable, expected at the site. The past three major flood
events in 1986, 1995 and 2006 did not present any significant threat to life and/or property in the area
of the proposed structure.
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. No public water, sewer or electric are provided to this
lot, no additional costs are expected.
Section 2. The Commission makes the following specific findings regarding the Dennis and
Pat Perry floodplain variance request:
1. The majority of the Seward Airport and surrounding property is located within the Special
Flood Hazard Area. Since the applicant's proposed aircraft hangar is dependent upon an airport
location, there areo other feasibl'} locations for the structure which are not located within the
floodplain.
Seward Planning and Zoning Commission
Resolution 2012 -13
Page 4 of 5 aufil
2. Failure to grant the variance would result in exceptional hardship to the applicant for the
following reason: It is not feasible to elevate the structure at or above the base flood elevation. To
do so would not allow the aircraft hangar to be utilized for its intended purpose.
3. Granting the requested variance will not result in damage or hardship for this or any other
property.
4. The proposed use is compatible with the surrounding industrial land uses and existing
similar facilities.
5. 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.
6. 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 on Lot 7, Block 200, Seward Airport.
7. Considering all of the above findings, the Commission hereby determines that the
requested variance to construct the aircraft hangar and supporting utilities on Lot 7, Block 200,
Seward Airport, at an elevation of approximately 17 feet which is approximately 4 feet below the
base flood elevation, is the minimum necessary to afford relief.
Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants
Dennis and Pat Perry a floodplain variance from SCC §15.25.050.B.2. allowing the lowest floor of
the proposed aircraft hangar and supporting utilities to be constructed approximately four (4) feet
below the base flood elevation of 20.5 feet.
Section 4. Based on the above findings, the Planning and Zoning Commission hereby grants
Dennis and Pat Perry a floodplain variance from SCC§ 15.25.050B2(a) allowing the aircraft hangar to
be constructed without being flood - proofed with watertight walls substantially impermeable to the
passage of water.
Section 5. 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 to Dennis and Pat
Perry subject to the following conditions:
1. Work with staff to obtain a Floodplain Development Permit.
Seward Planning and Zoning Commission
Resolution 2012 -13
Page5of5
2. Upon completion of the proposed aircraft hangar and before a Certificate of
Occupancy can be obtained the applicant must submit to the City of Seward a copy of the FEMA
required elevation certificate.
3. As requested, work with the FAA Airway Transportation System, Kenai to obtain an
underground power line locate prior to construction.
Section 6. In accordance with SCC §15.25.060(b)(8) the Community Development Office
must give written notice to the applicant that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation. This
variance to construct the structure below the Base Flood Elevation will result in increased flood
insurance premium rates as high as $25.00 per $100.00 of coverage.
Section 7. This resolution shall take effect ten (10) days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4 day
of September 2012.
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THE CITY OF SE ARD, ALASKA
Uji ' ictek (
Sandie Roach', C it
AYES: Butts, Morgan, Ecklund, McClure, Roach'
NOES: None
ABSENT: Fleming
ABSTAIN: None
VACANT: One
ATTEST: (City Seal)
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4 �r�.— -
(C So anna Kenney, M
ty Clerk
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