Loading...
HomeMy WebLinkAboutRes2014-008 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2014-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO SHORESIDE PETROLEUM, INC., TO CONSTUCT AND OPERATE A BULK FUEL STORAGE FACILITY ON LOT 2, BLOCK 2, LEIRER INDUSTRIAL SUBDIVISION, LOCATED BETWEEN ALAMEDA STREET AND LEIRER ROAD, WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Shoreside Petroleum, Inc. has requested a Conditional Use Permit(CUP) to construct and operate a bulk fuel storage facility on Lot 2, Block 2, Leirer Industrial Subdivision within the Industrial Zoning District; and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Fuel, bulk storage and sales, is allowed within the Industrial Zoning District(I)by CUP; and has WHEREAS, Shoreside Petroleum (Harbor Enterprisers, Inc.) has been a supplier of fuel oils in Seward since before the 1964 Earth Quake; and WHEREAS, due to the history of the business being in operation before zoning in Seward there is no Conditional Use Permit currently in place; and WHEREAS, a historic photo review shows that in 1972 fuel tanks and a structure were located on a parcel north of Port Avenue, the current location of Shoreside Petroleum bulk plant and offices; and WHEREAS, the applicant applied for and received a zoning variance (Resolution 2014- 07) to allow four (4) 40 foot tall bulk fuel storage tanks on Lot 2, Block 2 Leirer Industrial Subdivision subject to conditions; and WHEREAS, Seward City Code§15.10.325 Variances, (D) Review criteria, (1) states the proposed action must be consistent with all of the general conditions required for a conditional use permit; therefore the findings stated herein are very similar to those presented in variance Resolution 2014-07; and WHEREAS, having complied with the public notification process; on May 6, 2014, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. Seward Planning and Zoning Commission Resolution No. 2014-08 Page 2 j NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section I. In accordance with SCC§15.10.320(D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to expand, construct and operate a Fuels, bulk storage and sales and declared the following Findings of Fact: 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 met. The purpose of the Zoning Code is to promote public health, safety and general welfare by providing for planning and land use regulations within the City. The property is within the Industrial Zoning District. According to the Zoning Code, Land Uses Allowed Table, Fuels, bulk storage and sales is allowed with a conditional use permit in the Industrial Zoning District. The proposed project requires a building permit, as well as numerous State and Federal permits. The project will also undergo a rigorous inspection program under the requirements of the American Petroleum Institute. The proposed use as a fuel storage facility is consistent with the purpose of the Zoning Code and the Industrial Zoning District. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The proposed storage tanks are to be located on an approximate 3.48 acre parcel that is owned by Leirer Enterprises and has been leased to the applicant. All adjoining property is zoned Industrial, owned by Leirer Enterprises and leased to various industrial users. The parcels to the north contain several AVTEC Student Training Facility structures. Other parcels nearby contain the AVTEC wind turbine, AT&T satellite station, boat repair business and a storage facility. Further to the east lies the Alaska Railroad industrial and coal storage area. To the west and northwest are the Alaska Railroad and Seward Highway Rights of Way. The parcels to the south contain a storage facility and the parent company of this expansion project, Shoreside Petroleum with several existing fuel storage tanks in place. There is no indication the proposed structures will significantly impair the value of adjoining Industrial properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The Comprehensive Plan encourages development of land bordered by the Seward Highway, Port Avenue, the coal transfer facility, and AVTEC industrial trades campus (3.1.1.2 bullet 1). Under both the economic development and land use goals of the Comprehensive Plan, specific recommendations are made to continue efforts to develop Seward Planning and Zoning Commission Resolution No. 2014-08 Page 3 liore industry and year round employment in the industrial area of the community. D. Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been met. According to the Seward Fire Chief, the proposed tank structures exceed the Seward Fire Department's capability to reach the top the structure. These concerns are noted by the Commission, and the applicant is aware of this situation. The Commission also recognizes that the higher levels of the structure are not intended for human habitation. The proposed structure height does not negatively impact existing road access for emergency services vehicle response. The development proposes additional fire hydrants within 250 feet of the tanks in order to improve fire response services at the site. The applicant is providing an on -site fire suppression system. Other utilities are within the abutting developed public rights of way. The Electric Department has requested the applicant start a job order to provide a review of available power to meet the applicant's needs and work with the department to meet all National Electric Safety Code (NESC) regulations. No additional requests or comments were received from other City department heads. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: This condition has been met. To obtain a building permit issued by the City, the applicant is required to submit engineered construction plans for review that meet the International Building Code as adopted by the City Council. As required by City Code the structure shall meet all setbacks and zoning requirements. The applicant has noted that the current plan includes fencing around the tank containment dike only. When the site is fully developed, Shoreside would likely have complete perimeter fencing with locked access gates. It does not appear the proposed expansion and operation of the four (4) bulk fuel storage tanks will be harmful to the public safety, health or welfare. 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. The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant shall obtain all necessary Federal, State and local permits required for construction and operation. Seward Planning and Zoning Commission Resolution No. 2014-08 Page 4 3 J 3. The applicant shall start a Job Order and work with the City Electric Department to provide the required electric power needs. 4. The applicant shall work with the City Electric Department to meet all the National Electric Safety Code requirements. 5. The applicant shall provide safety and security fencing for the project. 6. The Planning and Zoning Commission may modify this CUP 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 or additional development plan that conforms to the standards and legal requirements for approval of a CUP. 7. 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. 8. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 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 construction and operation of a four(4)tank bulk fuel storage facility on Lot 2, Block 2, Leirer Industrial Subdivision within the Industrial Zoning District, as generally depicted on site plan received on 4/24/2014 and included with this Resolution. 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. Seward Planning and Zoning Commission Resolution No. 2014-08 Page 5 irate PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of May 2014. THE CITY OF SEWARD ■ -,41tiMA _:40 • Cinder lund, Chair AYES: McClure, Edgar, Coulter, Fleming, Ecklund NOES: None ABSENT: None ABSTAIN: None VACANT: Two ATTEST: ,i / egia , / / 6■,/ ohanna Kinney,ri C, City Clerk (City Seal) •••.1. OF Setae,.. ..,*to •:RA0.! 4" a"� 0 : — Rs � o eo SEAL • DF P► • rrrrirars.at•6,•• 6.