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HomeMy WebLinkAboutResolution No. PZ2015-28"Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -28 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE IN A RURAL RESIDENTIAL ZONE. APPLICANT: Clifford Smith and Kristin Smith ADDRESS: 319 Rogers Rd., Kenai, AK 99611 PROPERTY ADDRESS: 2785 Beaver Loop Road LEGAL DESCRIPTION: A portion of the Northwest one - quarter (NW '/4), Section 11, Township 5 North, Range 11 West KENAI PENINSULA BOROUGH PARCEL NO: 04911002 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on August 31, 2015; WHEREAS, the application affects land which is zoned as Rural Residential (RR); WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Commission on September 23, 2015; and WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: A. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. This property is located in the Rural Residential zone. The Rural Residential Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The properties located along Beaver Loop Road are a mix of residential housing, including multi - family dwellings and a trailer park; businesses including, an assisted living home, and guiding and lodging businesses (along Angler Drive). There are also seven gravel pits which operate in this area. All of these businesses were granted a Conditional Use Permit to operate their business in the Rural Residential zone. The applicant's plan to convert a single family dwelling into a professional office building will not diminish the residential character of the neighborhood. The traffic generated by this business should be minimal as the applicant states that he typically sees approximately ten clients per day and he is encouraging clients to make appointments to ease traffic congestion. The provisions of Kenai Municipal Code 14.20.250 require that parking for a professional office are one (1) space per four hundred (400) square feet of gross floor area. The gross floor area for the applicant's office building is approximately 1936 square feet; therefore, five parking spaces will be required. One of those parking spaces must meet the provisions of the 2009 International Building Code as it pertains to the American with Disabilities Act (ADA) parking requirements. Kenai Municipal Code 14.20.220(2)(C) provides for one sign per use not to exceed thirty -two (32) square feet. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. B. The value of the adjoining property and neighborhood will not be significantly impaired. The addition of the professional office will not significantly impair the neighborhood. The applicant's business is small in scale and the traffic generated by applicant's business should be minimal given the low volume of clients visiting the establishment. The properties lying to the north of subject property are gravel pits; the property to the south is a trailer park (directly across from the subject property); and properties to the east and west are undeveloped at this time. C. The proposed use is in harmony with the Comprehensive Plan. The 2003 Comprehensive Plan provides that the Rural Residential district includes areas that, due to location or site conditions, are best suited for large -lot single - family residential development. Homes in this district typically rely on individual on -site water supply and wastewater disposal systems. Compatible institutional uses such as churches, schools, and daycare facilities may be intermixed if they comply with zoning design guidelines. Small homebased businesses may be accommodated within certain design guidelines. Based on the information provided by the applicant, staff believes that the business will have little impact to the neighborhood. The business is small in scale and the traffic flow on Beaver Loop Road should not be significantly impacted by the addition of this business. The applicant does not have plans to make major renovations to the exterior of the building. The applicant proposes to make some minor additions to the property, as follows: a. A sign would be installed on the premises pursuant to the provisions as set forth in KMC 14.20.220(2)(C); b. A portion of the grass in front of the building would be removed and replaced with gravel to increase the parking area as provided in KMC 14.20.250; and c. A ramp will be installed to provide access to disabled individuals entering the building. D. Public services and facilities are adequate to serve the proposed use. The property is serviced by a private well and septic system. The property is further serviced by electricity, gas and phone services. Access to the property is provided by Beaver Loop Road which is a paved state maintained road. E. The proposed use will not be harmful to the public safety, health or welfare. The proposed use of a professional office will not be harmful to the public safety, health or welfare. WHEREAS, any and all specific conditions deemed necessary by the commission to fulfill the conditions as set forth below 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, as follows: a. Further development of the property shall conform to all Federal, State, and local regulations. b. Property owner must obtain a sign permit prior to placing a sign on the premises to advertise the business. C. Property owner must provide five (5) parking spaces and one of the spaces must be an ADA parking space pursuant to the guidelines as set forth in the 2009 International Building Code. d. Property owner shall submit an annual report for the Conditional Use Permit as set forth in KMC 14.20.150(f). NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED PROFESSIONAL OFFICE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ALASKA, ON THE 23rd DAY OF SEPTEMBER, 2015. CHAIRPERSON: / ATTEST: J it, Chairperson KE NAI,