Loading...
HomeMy WebLinkAboutResolution No. PZ2016-43"Villaye with a Past, Cil 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. PZ16-43 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A DOG DAYCARE WHICH PROVIDES GROOMING, TRAINING AND OVERNIGHT CARE APPLICANT: Lizz Giver PROPERTY ADDRESS: 11888 Kenai Spur Highway, Unit 1, Kenai, AK 99611 LEGAL DESCRIPTION: Government Lots 19, 20 and 21, Section 6, Township 5 North, Range 11 West KENAI PENINSULA BOROUGH PARCEL NO: 04702001 WHEREAS, an application meeting the requirements of Section 14.20.150 of Kenai Municipal Code has been submitted and received on December 20, 2016; and, WHEREAS, the application affects land which is zoned as General Commercial (GC); and, WHEREAS, a duly advertised public hearing was required by Kenai Municipal Code 14.20.280 was conducted by the Planning and Zoning Commission on January 25, 2017; 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 intent of the General Commercial zone is to provide for areas where a broad range of retail, wholesale, and service establishments are desirable. The land use classification for this property is Neighborhood Commercial, which applies to areas along the arterial road system that are suitable for small-scale neighborhood serving retail, service, and office uses. The applicant states that her operation will be small scale and will serve up to a maximum of 20 dogs. Staff feels that the proposed facility meets the intent of the General Commercial zone and the use of the Neighborhood Commercial classification. Resolution No. PZ16-43 Page 2 of 3 B. The value of the adjoining property and neighborhood will not be significantly impaired. The properties adjoining and surrounding the proposed business are also located within the General Commercial zone. Swanson's Square currently houses Katina's restaurant and Sharps Billiards. The property to the East of Swanson's Square is the Salvation Army retail store and service center. The property to the North is an office building and storage yard for Moncla Companies. The property to the South is a strip mall, which currently houses Ye Old Curiosity Shoppe and Kenai Electric Company. C. The proposed use is in harmony with the Comprehensive Plan. The 2003 Comprehensive Plan provides that 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 proposed business is compatible with the existing uses in the Neighborhood Commercial district. D. Public services and facilities are adequate to serve the proposed use. The property is currently served by City water and sewer services. Gas, electric, and telephone services are also available. Access to the property will be provided by the Kenai Spur Highway which is a state maintained road. E. The proposed use will not be harmful to the public safety, health or welfare. The proposed use of the subject property as a dog daycare will not be harmful to the public safety, health or welfare. Applicant states that the dogs will be kept indoors the majority of time and will be in a fenced area when allowed outside for bathroom breaks. Concerning noise, based on the submitted application, it appears there will be no excessive noise that would be audible outside of the existing commercial building. Only, when dogs are outside briefly for bathroom breaks, there may be noise generated from barking. Pursuant to the submitted application, the pet relief area would be located along the western exterior of the building. 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. Applicant must comply with all Federal, State and local regulations. 2. Prior to operation, the applicant roust obtain a commercial kennel license from Animal Control prior to operation pursuant to Kenai Municipal Code 3.05.10(7)(A). 3. Prior to any construction, the applicant must obtain a Building Permit for any work requiring a Building Permit. 4. Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through Saturday. 5. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). Resolution No. PZ16-43 Page 3 of 3 6. 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 DOG DAYCARE, WHICH PROVIDES GROOMING, TRAINING AND OVERNIGHT CARE 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 25" day of January 2077. T itfc/ hairperson