HomeMy WebLinkAboutResolution No. PZ2016-38u
"Villa5e 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. PZ16-38
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 GREENHOUSE.
APPLICANT: Kenaitze Indian Tribe
PROPERTY ADDRESS: 513 Overland Avenue, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 5, Block 5, Original Townsite of Kenai, EXCLUDING the
Southwesterly 20 feet of the Southeasterly 20 feet
KENAI PENINSULA BOROUGH PARCEL NO: 04707108
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on October 31, 2016; and,
WHEREAS, the application affects land which is zoned as Townsite Historical District (TSH);
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 December 14, 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:
A. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
The subject parcel is located within the Townsite Historic District. The parcel was not
identified as having historical significance in the 2007 Historic Preservation Plan.
Greenhouses are a conditional use in the Townsite Historic District; therefore, the Kenaitze
Indian Tribe has submitted an application for a Conditional Use Permit. The greenhouse
will not serve the public and will be used in conjunction with existing programs such as the
Elder's Wellness Initiative, the ongoing Diabetes Prevention Program, and the Early Child
Care Program.
B. The value of the adjoining property and neighborhood will not be significantly impaired.
The construction of the proposed greenhouse will not significantly impair the surrounding
neighborhood. Applicant states that traffic flow will be minimal because the greenhouse will
not be open to the public; therefore, additional parking will not be required. Applicant
believes that the value of the adjoining property and neighborhood will be enhanced just as
the neighborhood was enhanced when the Dena'ina Wellness Center, Tykotas Elder
Center and the Tribal Court building were constructed. The structure will be as aesthetically
pleasing as the other structures onsite.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan provides that 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. Mixed uses are particularly desirable in the Townsite Historic
District and City Center overlay zone.
The proposed greenhouse is compatible with the 2003 Comprehensive Plan. The
greenhouse will foster development that is compatible with service type uses that are
provided by the Kenaitze Indian Tribe. Applicant states that the proposed use of the
greenhouse works directly with the needs of Kenai's growing senior population. The
structure will add to the attractiveness of the City center, at least in Old Town, and will help
in the rejuvenation of the livability of the neighborhood.
D. Public services and facilities are adequate to serve the proposed use.
Water and Sewer services are available along Mission Avenue and Overland Avenue. The
facility will not be open to the public, but the 1512 square foot structure will be more than
adequate to serve the needs of the programs that this greenhouse is intended to serve.
E. The proposed use will not be harmful to the public safety, health or welfare.
The growing of organic and naturally grown indigenous plants and vegetables will be
promoted; very little pesticides or fertilizers will be introduced. The public sewer system will
not be used for drainage. The proposed use of the subject parcel as a greenhouse will not
be harmful to the public safety, health or welfare.
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:
A. Applicant must comply with all Federal, State and local regulations.
B. Applicant shall file an annual report for the Conditional Use Permit as set forth in
Kenai Municipal Code 14.20.150(f).
C. If there is a change of use for the above described property, a new Conditional
Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5).
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 GREENHOUSE 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 14th of December, 2016. / \
Jeff Twait, Chairpersorf