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HomeMy WebLinkAboutResolution No. PZ2016-13CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -13 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN APPROXIMATELY 160- SQUARE -FOOT COFFEE WAGON. APPLICANT: Marlea Bellinger PROPERTY ADDRESS: 4105 North Dogwood Road, Kenai, AK 99611 LEGAL DESCRIPTION: Lot 35, Block 1, Valhalla Heights Sub. Part 2 KENAI PENINSULA BOROUGH PARCEL NO: 04923012 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on April 18, 2016; and, WHEREAS, the application affects land which is zoned as Limited Commercial (LC); and, WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Planning and Zoning Commission on May 25, 2016; 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: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The subject parcel is zoned Limited Commercial (LC), and is therefore subject to the Conditional land -uses as shown in KMC 14.22.010 — Land Use Table. Zone. Restaurants are a conditional use in the Limited Commercial zone; therefore, the applicant has submitted an application for a Conditional Use Permit, The Limited Commercial Zone as outlined in KMC 14.20.115, is intended to provide transition areas between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. Pursuant to the submitted site plan, primary access to the subject site would be via North Dogwood Road. The subject site is located at the corner of North Dogwood Road and the Kenai Spur Highway. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. Resolution No. PZ 16 -13 Page 2 of 4 A collector is defined as "A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads." Furthermore, KMC 14.20.320 defines a Collector as "...a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City ". A Driveway Permit issued by the City of Kenai Public Works Department will be required prior to construction or operation of the Coffee Wagon. Therefore, given the above discussion within the context of the proposed land -use project, it seems reasonable the proposed Coffee Wagon would be consistent with the purpose of KMC 14.20.150 and the intent of the Limited Commercial Zoning District given the compliance with staff recommended specific conditions of approval. 2. The value of the adjoining property and neighborhood will not be significantly impaired. The construction of the proposed Coffee Wagon will not significantly impair the surrounding neighborhood. The proposed Coffee Wagon will only occupy a small portion of the subject parcel and will only have one driveway access from North Dogwood Road. The applicant has also indicated that they plan to retain the existing trees and vegetation to the west and north to aid if visual screening. 3. The proposed use is in harmony with the Comprehensive Plan. The subject parcel is defined in the 2003 Comprehensive Plan as Neighborhood Commercial. The plan defines Neighborhood Commercial as `The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small -scale neighborhood - serving retail, service, and office uses." The Limited Commercial Zone closely resembles the Mixed Use Zone in the 2003 Comprehensive Plan. The Mixed Use District fosters a compatible mix of retail, service, office, public, institutional recreational and multi - family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. As proposed, the proposed use would be in harmony with the 2003 Comprehensive Plan and mixed use nature of the larger surrounding neighborhood and is consistent with existing development along the Kenai Spur Highway. 4. Public services and facilities are adequate to serve the proposed use. Pursuant to KMC 17.10.010(a) — Mandatory Connection and Abandonment of Old Well, based on the submitted site plan and the dimensions of the subject parcel, the proposed Coffee Wagon would be located within 200 feet on an existing city water main. Therefore, unless an exemption is granted by the City of Kenai, the applicant will be required to connect to the existing water main located within North Dogwood Road prior to operation of the proposed Coffee Wagon. Pursuant to the submitted application, the applicant has indicated that the Coffee Wagon would be self- contained and use a gray and black water holding system. The applicant has indicated that they would use a water delivery service to bring fresh water to the Coffee Wagon. As discussed above the subject Coffee Wagon is located within 200 feet of an existing water main, therefore, a connection to City of Kenai water will be required, unless an exemption is approved. Resolution No. PZ 16 -13 Page 3 of 4 Furthermore, the applicant has indicated that they will use an incinerator toilet system. Staff has contacted the State of Alaska, Department of Environmental Conservation (DEC) and discussed the application. DEC has stated that they will require approval of these systems prior to operation of the Coffee Wagon. 5. The proposed use will not be harmful to the public safety, health orwelfare. The proposed use of the subject parcel as a Coffee Wagon will not be harmful to the public safety, health, or welfare, provided that all Conditions of Approval are met. WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning 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: Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of the Conditional Use Permit, the property owner shall submit an approval letter that the water holding tanks and incinerator toilet are approved by the State of Alaska, Department of Environmental Conservation. 3. Prior to issuance of the Buildino Permit, the property owner shall submit an application to connect to the water main located within North Dogwood Road, unless an exemption is granted by the City of Kenai. 4. Prior to issuance of the Building Permit, the property owner shall submit an application to the City of Kenai Public Works Department for a Driveway Permit. Prior to issuance of the Conditional Use Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 — Landscaping /Site Plan Regulations. 6. Prior to issuance of the Building Permit, the property owner shall submit a revised site plan which shows the setbacks from all property lines for the Coffee Wagon and the Storage Shed. 7. A Sign Permit will be required for all signage located on the property for the Coffee Wagon 8. Prior to final inspection of the Building Permit, the property owner shall submit approval from the City of Kenai Fire Marshal that they Coffee Wagon has been inspected and approved for operation. 9. A biennial fire inspection must be completed by the City of Kenai Fire Marshall. 10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. Resolution No. PZ 16 -13 Page 4 of 4 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED OPERATION OF AN APPROXIMATELY 160- SQUARE -FOOT COFFEE WAGON 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, this 2511 day of May, 2016. ic Jeff Twa , Chairperson ATTEST: Sandra Mo igK, City Clerk