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
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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
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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
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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
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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:
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6■,/ ohanna Kinney,ri C,
City Clerk
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