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HomeMy WebLinkAboutRes2007-004 Sponsored by: KPB-SD ..... CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-04 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO LOCATE FOUR (4) CONEX UNITS TO BE USED AS STORAGE ON A PAD ADJACENT TO THE SEWARD mGH SCHOOL IN AN INSTITUTIONAL ZONING DISTRICT WHEREAS, the applicants have properly applied for a conditional use permit for an allowed use according to SCC 15.10.225 Table of Uses Allowed for the Institutional (INS) zoning district; and WHEREAS, the proposed 8.5' x 40' storage containers are an accessory use associated with an educational / public facility; and WHEREAS, the proposed storage units are to be used for storage of educational / recreational materials, school maintenance supplies and emergency equipment; and -- WHEREAS, the proposed containers are to be installed at-grade on concrete footings, orderly separated and painted to match the exterior finish on the existing high school to make the units more aesthetically acceptable; and WHEREAS, having complied with the public notification process; on March 20th, 2007, 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. 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. Is the use consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district? Finding: No, the property is zoned Institutional (INS) and the location / installation of storage containers as an accessory use is allowed in this district by conditional use permit from the Planning and Zoning Commission. The use however, conflicts with the district description provided in 15.05.025 "Land Use Districts - Established, definitions" The specific language in conflict is: "... The development standards are intended to set a high standard to assure that the activities (in the district) provide visual amenity to the surrounding area." The proposed containers are clearly a necessary substitute for a permanent structure. .... Seward Planning and Zoning Commission Resolution 2007-04 Page 2 of 3 The less than appealing visual nature of the containers design should make their use in this district short term only. Installation and use of conexs could be interpreted as contrary to maintaining a "high standard" and do not provide a "visual amenity" for the school grounds and neighborhood. .....l B. Will the value of adjoining property be signifICantly impaired? Finding: No, the neighboring property is educational campus, other institutional and residential and there is no indication that the development will significantly impair adjoining properties. C. Is the proposed use in harmony with the Seward Comprehensive Plan? Finding: Yes, the proposal is in harmony with the Seward 2010 Comprehensive Plan (2005) and Strategic Plan (1999) because both plans encourage the support of the educational and public facility needs of the community and the proposed storage units are accessory to the principal use. D. Are public services andfacilities adequate to serve the proposed use? Finding: Yes, Water, sewer, and power will be available to the property as well as adequate fire, police and solid waste disposal services. E. Will the proposed use be harmful to the public safety, health or welfare? Finding: No, nothing in the proposed installation of and use of the storage containers (conexs) would be harmful to the public safety, health or welfare. ] ...... 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. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; b) To implement a different development plan conforming to the standards for its approval; c) The modification plan shall be subject to a public hearing and afilingfee set by City Council Resolution. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: { 8 .~ ..." Seward Planning and Zoning Commission Resolution 2007-04 Page 3 of 3 ..... 1. This permit shall remain in effect for a period not to exceed three (3) years from the effective date of the permit and may be renewed upon public hearing and approval by the Seward Planning and Zoning Commission. 2. The temporary building posing as locker rooms should be moved to the same location, placed on foundations and made code conforming structures. Section 2. The Planning and Zoning Commission finds that the proposed use, based on the application and supporting materials, satisfies the criteria for granting a Conditional Use Permit provided the development of the storage facility is consistent with the application proposal and all applicable laws, and authorizes the administration to issue a conditional use permit to locate four (4) conex units to be used as storage on a pad adjacent to the Seward high school in an Institutional zoning district. 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 confrrm 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 20th day of March, 2007. ~~ M anna Keil, . r AYES: NOES: ABSENT: ABSTAIN: Anderson, Clark, Hicks, Smith Roach' Hohl, Keil None ATTEST: ,\.'J~III" (City Seal) .'\.....\ O' ~ ,. _~I!f~. '. r .'~I ~ -A,;~ ,-.j \oJ(;:..-1,~, ,.;0 r~:\ .'...~;;o..~...."""1..() .#, ,','i' v .. Qpr .. "'1A -,. ~' ,/.,':,: .f~... ~ ~ 411t . ,'~.. <$:.. . 1t' :.' l'" --- 0\ ~ .. · S1~ ... ::; C'l: .i:!!.t.' 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