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HomeMy WebLinkAboutRes2007-001 Sponsored by: Providence ..... CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-01 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEW ARD, ALASKA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT ISSUED TO PROVIDENCE ALASKA (10/1996) AS AMENDED BY THE SEWARD BOARD OF ADJUSTMENT: MODIFICATION OF CONDITION lOb RELATED TO THE REQUIREMENT FOR PERIMETER FENCING FOR THE HELISTOP LOCATED ON LOT lA, ORIGINAL TOWNSITE OF SEWARD, MARATHON ADDmON, WITHIN THE INSTITUTIONAL ZONING DISTRICT WHEREAS, Providence Seward Medical and Care Center was granted an amended conditional use permit including conditions on March 10, 1997 having been heard by the Seward Planning and Zoning Commission and appealed to the Seward City Council sitting as the Board of Adjustment ~ and .... WHEREAS, Condition 10 of the CUP allowed for the location and operation of a helistop for purposes of helicopter medivacs~ and WHEREAS, Condition "10 b" required the applicant to "install a fence around the perimeter of the landing site to ensure a safe landing zone and provide a barrier to dust and debris." The applicant complied with the condition and erected a chain link fence ; and WHEREAS, The applicant, Providence Seward Medical and Care Center, has properly applied for an amendment to the conditional use permit to remove Condition 10b and provided justification for their request ~ and WHEREAS, Typical snow conditions for Seward and the need to keep the helipad clear of snow and ice debris is made more difficult with the fence; and WHEREAS, FAA Circulars and Advisories have been reviewed for helicopter operations adjunct to a hospital and no specific requirement for fences surrounding a helistop have been discovered; and ..... Seward Planning and Zoning Commission Resolution 2007-01 Page 2 .J WHEREAS, having complied with the public notification process; on March 6th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application (amendment). NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.1O.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district Finding: The principal use will remain unchanged by this amendment and no adverse impacts to adjoining properties or other properties in the area are anticipated. B. The value of adjoining properly will not be signifICantly impaired Finding: There is no indication that amending the conditional use permit by modifying the fence to allow it to be removable during the winter months would substantively change site and/or operating conditions nor negatively impact the value of adjoining properties and no negative public comment has been received from the neighboring property owners. :l I x ...,j C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This use was previously reviewed for consistency with the Seward 2020 Comprehensive Plan (2005) and Strategic Plan (1999) and nothing in this amendment would change the previous determination. D. Public Services and facilities are adequate to serve the proposed use. Finding: N/A. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: There is no anecdotal evidence that removal of the fence would increase the risk of harm to the public, or be adverse to the public's health and/or welfare. The applicant has stated, based on observations of helicopter operations for nine (9) years that the fence may be more of a source of increased hazard to operations due to accumulated snow. 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 , ..... Seward Planning and Zoning Commission Resolution 2007-01 Page 3 ..... related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: No Additional conditions. All other conditions attached to, and required for the conditional permit approval will remain unchanged. 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 a filing fee set by City Council Resolution. .... Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions, satisfies the criteria for granting an amended conditional use permit provided the remaining conditions listed in the permit are met by the applicant, and authorizes the administration to amend the conditional use permit for the operation of a hospital helistop at the Providence Seward Medical and Care Center by amending Condition lOb to allow removable fencing. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this (previously issued) permit is paramount in maintaining the intent of Seward City Code Section 15.10. 3 20~ conditional use permits, and authorizes the administration to issue an amended conditional use permit. Additionally, the administration shall periodically confirm that 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 5th day of April, 2007. THE CITY OF SEWARD ..... Seward Planning and Zoning Commission Resolution 2007-01 Page 4 .J AYES: NOES: ABSENT: ABST AlN: Anderson, Clark, HoW, Keil, Roach', Smith None Hicks None ATTEST: (City Seal) ewis, CN:1C City lerk ",UIIII"" ,......' Of SEt1-' "'" ~.. ~4. ......... '4,t:) " ! ,.~ ,"0" ~'lOFi.4~"''O ~ ... ....,.0 ~. ~ .. ........... () e. ... ... :~.....-- . - . . . . =..: SRAL :e:: .we ..-.-. .. :: ~ : : ~ -.. ---- .: ~ ". '. v... ....ev.. .,. ... ':. c,S\ ".VNr: 1 ,,<?i.... .1..2':- .z. ,~ ~ ". l.; .... .c7" a..... "', -1)'j ...... t'''' ~.. "'",-S OF ~\.: ,..~"~ "',nll\\' /2) I ..J I ....