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HomeMy WebLinkAboutResolution No. PZ2016-12" "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -12 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL FOR A LODGE IN A RURAL RESIDENTIAL ZONE. APPLICANT: CURT AND DEBORAH SHUEY ADDRESS: P.O. BOX 515, KENAI, ALASKA 99611 PROPERTY ADDRESS: 1530 ANGLER DRIVE, KENAI, ALASKA 99611 LEGAL DESCRIPTION: TRACT 2, ANGLERS ACRES SUBDIVISION LOWE ADDITION KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939051 WHEREAS, an application meeting the requirements of Sections 14.20.105, 14.20.150 and 14.20.180 of the Kenai Municipal Code has been submitted and received on April 12, 2016; WHEREAS, the application affects land which is zones as 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 May 11, 2016. 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. The RR 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 Land Use Table provides that a lodge is a conditional use; therefore, a Conditional Use Permit must be granted to operate a lodge in this zone. The area along Angler Drive is predominately residential. Because of the proximity to the Kenai River, property owners along Angler Drive have established business that are associated with the fishing and tourism industry. There are approximately 45 parcels along Angler Drive and fourteen of the property owners have been granted Conditional Use Permits to operate businesses associated with fishing and tourism (i.e. cabin rentals, bed and breakfast establishments, lodges, and guide services). The subject property is located at the Southern end of Angler Drive. The three story structure compliments the neighborhood surroundings with T -111 siding painted in earth tones and a metal roof. A Conditional Use Permit was previously granted by the Planning and Zoning Commission for a conditional use of lodging and guide service. The conditional use was later amended to "hotel with guide service ". Said Conditional Use Permit would most likely still be active, if the business had not been closed by a previous owner. B. The value of the adjoining property and neighborhood will not be significantly impaired. As stated above, approximately thirty -one percent (31 %) of the neighborhood consists of businesses associated with fishing and tourism. These businesses are well established and do not detract from the neighborhood. The applicant owns the property to the south and west of the subject property. The property to the north is undeveloped property. Riddles Fishing Lodge and Alaska Chinook Lodge are located to the east (across Angler Drive). C. The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan designates this property as Rural Residential which provides for large lots serviced by on -site water supply and wastewater disposal system. The land use designation as a lodge is not incompatible with the neighborhood. D. Public services and facilities are adequate to serve the proposed use. The properties located along Angler Drive are serviced by well and septic, natural gas, electricity, and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. The applicant states that the septic system is designed to accommodate the number of bathrooms located in the structure. Applicant submitted a copy of the approval of the septic system from the Department of Conservation. Kenai Municipal Code 14.20.250(b)(8) requires that there are six parking spaces available for parking. The attached site plan designates 11 parking spaces for staff and guests to the lodge. E. The proposed use will not be harmful to the public safety, health or welfare. The use of a lodge will not be harmful to the public safety, health and welfare. A lodge was previously operated from this location and there were not any harmful effects to public safety, health and welfare. WHEREAS, any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions should 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: 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. A biennial fire inspection must be completed by the Fire Marshall for the City of Kenai. 3. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31St day of December of each year. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED LODGE 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 KENAI, ALASKA, ON THIS 11TH DAY OF MAY, 2016. CHAIRPERSON