HomeMy WebLinkAboutResolution No. PZ2017-14"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. PZ17-14
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 ASSEMBLIES
WHICH COULD CONSIST OF WEDDINGS, PRIVATE PARTIES, AND OTHER OUTDOOR
EVENTS AS SET FORTH IN THE BELOW CONDITIONS OF APPROVAL AND WITHIN THE
AREA AS SHOWN ON ATTACHMENT A.
APPLICANT: PRL, Inc.
PROPERTY ADDRESS: 2270 Royal Street
LEGAL DESCRIPTION: Tract A, Dragseth Subdivision 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NO: 0491027
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on April 25, 2017; and,
WHEREAS, the application affects land which is zoned as Rural Residential (RR) and Heavy
Industrial (IH); 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 24, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) The use is consistent with the purpose of this chapter and the Purposes and intent of the
zoning district.
The subject parcels are zoned Rural Residential (RR) and Heavy Industrial (IH), and are
therefore subject to the Principal Permitted and Conditional land -uses as shown on KMC
14.22.010 - Land Use Table.
Pursuant to the submitted application, the applicant has requested to convert the existing
approximately 7,308 -square -foot single-family residence, approximately 1,280 -square -foot
detached garage and an approximately 2,250 -square -foot detached aircraft hangar located
on Tract A, Dragseth Subdivision 2016 Addition, to a proposed private Lodge, Professional
Resolution No. PZ17-14 Conditional Use Permit
Page 12
Office and a private use Airport. The applicant has also requested to use the existing
approximately 1,900 -foot long approximately 50 -foot wide airstrip located on a portion of
Tract B, Dragseth Subdivision 2016 Addition, as well as a portion of Government Lots 9 —
15 inclusive, and a portion of the SE'/, SE'/, NE'/, Section 7, TSN, R1 1W for a limited
use private airport.
As discussed above the proposed project would require the approval of Conditional Use
Permits for the following uses: Airport, Lodge, Assemblies, Professional Office and
Restaurant.
Pursuant to KMC 14.20.320, the above uses are defined as follows:
"Airport means a location where aircraft such as fixed -wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway, a helicopter
touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal
buildings."
"Lodge means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals."
"Assemblage means a large gathering of people for an event such as a concert, fair, or
circus."
"Office means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government."
"Restaurant means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building."
Pursuant to the submitted application, the existing single-family residence would be
converted to serve as a Professional Office for current PRL staff or be utilized by other
businesses on an individual office lease agreement. Use of existing structure as a
Professional Office would also be by other businesses engaged in support of the airship
operations.
The applicant has also stated that the existing single-family residence could be converted
to serve as a private Lodge with a Restaurant.
The subject residence contains a large commercial style kitchen which would be use to
serve guests of the Lodge onsite meals. Furthermore, it is anticipated that the Restaurant
would be operated in conjunction with the Cannery Lodge, which also contains a private
Restaurant. While onsite, or if requested, the Lodge and subject parcel could also be
utilized for private events. Events would include; Weddings and other Private Parties. It is
not anticipated that these events would be open to the public.
The airstrip would support a limited use of fixed -wing and airship type aircraft for take -off
and landings. Furthermore, the applicant has indicated that the proposed project would,
help to support their base of operations located at their current PRL, Inc. property to
provide for inspections, maintenance, instrumentation checks, pilot and ground crews
training to support the proposed airship activities.
As discussed above, the subject parcel contains an aircraft hangar with a grass airstrip
located to the north.
Resolution No. PZ17-14 Conditional Use Permit
Page 13
Historically, the previous owners utilized the subject aircraft hangar and airstrip for personal
use. The use of the airstrip was very limited by the previous owners.
The City of Kenai Public Works Department and the State of Alaska Department of
Transportation and Public Facilities classify Royal Street as a Local Road. A Local Road is
defined as "Roads that provide access to homes, business, and other property." Currently,
Royal Street is utilized by the owners of two single-family residential parcels to the South of
the subject parcel and by those participating in the Personal Use Fishery in July. To the
east of the subject parcel is drill pad, which is owned and operated by Hilcorp Alaska for
natural gas exploration. Furthermore, the City of Kenai has installed infrastructure to
support the Personal Use Fishery by constructing an extension of Royal Street to the area
of South Beach. Every July, thousands of people participate in the fishery and pass by the
subject parcel.
Therefore, given the above discussion within the context of the proposed land -use project,
it seems reasonable that the proposed project would be consistent with the intent of KMC
14.20.150 and the intent of the Rural Residential and Heavy Industrial Zoning District with
respect to the proposed use as a Professional Office, Private Lodge, Private Restaurant,
Private Event Center and Private Airport with a limited use Airstrip, given compliance with
staff recommended specific conditions.
(2) The value of the adjoining property and neighborhood will not be siqnificantiv impaired
It is not anticipated that the proposed development would impair the adjoining property in
the area given the historical use of the subject parcel and surrounding parcels. Parcels in
this area are zoned Heavy Industrial and Rural Residential. Historically, parcels in this area
have been used by the oil and gas industry as well as the commercial fishing industry for
fish processing, canning and other fishing related uses. Located east of the subject parcel
is an approximately 12 -acre parcel which contained a commercial fishing processing facility
on the bank of the Kenai River. In recent years, this parcel has been converted to a private
resort facility known as the Cannery Lodge which is zoned Heavy Industrial. Further to the
northeast is North Pacific Seafood's, which is a commercial fishing, processing facility with
a boat storage yard and is zoned Heavy Industrial. The parcel is further bound by property
owned by the City of Kenai and Royal Street, which was extended in 2016 to further
support the Personal Use Fishery. The subject parcel is also bound by an undeveloped
residential parcel to the south and a drill pad owned by Hilcorp Alaska for natural gas
exploration.
Therefore, provided that all conditions recommended by staff and the Planning and Zoning
Commission are followed, staff believes that the value of the adjoining property and
neighborhood will not be significantly impaired.
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Low
Density Residential (LDR) and Parks, Recreation & Open Space (PROS). The plan defines
LDR as "Low Density Residential because of poor site conditions is intended for large -lot
single-family residential development. The area will typically be developed with individual
on-site water supply and wastewater disposal systems. Streets will typically be constructed
to rural street standards (i.e., gravel) and sidewalks will not be typically included in the
subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category."
Resolution No. PZ17-14 Conditional Use Permit
Page 14
The plan also defines PROS as "Parks, Recreation and Open Space is intended for those
public recreation facilities, as well as undeveloped lands that provide for the conservation of
natural or scenic resources. These areas can be used for a variety of passive and active
outdoor and indoor sports and recreational activities. Areas that may be suitable for future
natural resource development may be included in this category. "
The area of Royal Street is comprised of single-family homes, oil and gas development and
open space. To the east of the subject parcels are commercial fishing processers and a
private resort, lodging, and event facility. To the west of the subject parcels is the waters of
the Cook Inlet and the South Beach area, which is open for passive recreation uses and is
used in July by participants in the Personal Use Fishery.
Goal 3 — Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU -1 states "Establish siting and design standards so that
development is in harmony and scale with surrounding uses." In addition, Objective Q-4
states "Promote the siting and design of land uses that are in harmony and scale with
surrounding uses."
As part of proposed project, the applicants have requested to use an existing airstrip for
limited use for take -off and landing of fixed -wing aircraft and an airship. The existing
airstrip was constructed on property owned by the City of Kenai in an area that is adjacent
to wetlands and coastal dunes.
The existing airstrip is approximately 50 feet wide by approximately 1,900 feet long. In
viewing the subject airstrip, staff observed that it is constructed mostly of grass with some
areas of gravel. The applicant has indicated that they plan to revegetate the airstrip with
Alaska native grasses and flatten out some of the bumps. The applicant does not plan any
other development of the airstrip beyond the area that has already been developed.
Concerning the existing single-family residence, the applicant has not indicated that they
plan to make any enlargements to the structure. They plan to use the existing structure
and associated aircraft hangar to support their airship operations and develop a private
lodge, with a private restaurant as well as private professional offices.
Chapter 5.4.6 — Parks, Recreation and Open Space Land Use of the 2030
Comprehensive Plan states in part "The term "open space" includes those areas managed
for parks and recreation, areas zoned for conservation, and undevelopable areas."
The area of the existing airstrip as well as the areas to the north and east would be
considered open space areas. These areas would be considered mostly undevelopable
due to them being predominantly wetlands as well as migratory bird habitat. While the
airstrip may be considered somewhat of an industrial type use, its location on the subject
parcel would be considered an appropriate use of open space. The applicant has
indicated that they do not plan to construct any structures associated with the airstrip and
therefore it would remain open space when not in use. Given the above discussion, it
appears the proposed development would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject property is served by a private onsite water well and septic system. The
proposed use of the single-family residence as a Lodge, Restaurant, Professional Office
and limited use Airport and Airstrip would affect the existing septic and water systems.
Resolution No. PZ17-14 Conditional Use Permit
Page 15
Therefore, staff recommends a condition to require documentation from the State of
Alaska, Department of Environmental Conservation of approval of the septic and well
systems for the Conditional Uses. City of Kenai police and fire department resources are
sufficient to serve the proposed use.
(5) The proposed use will not be harmful to the public safety, health or welfare.
As discussed above, the applicant seeks to utilize the existing single-family residence and
convert it to an invitation only lodge with a private restaurant and private event facility.
Associated development would also include the development of a professional office and a
private limited use airport and airstrip. The airport and airstrip would utilize the existing
approximately 1,900 foot long airstrip located north of the subject residence and an existing
hangar. The airstrip would support the limited take -off and landing of fixed wing and airship
type aircraft. The airship would be used to support the operations of PRL, Inc., and would
mostly be engaged in operations outside of the City of Kenai. The maximum sized fixed -
wing aircraft that would be operated on the airstrip and placed in the existing hangar would
be a DeHavailland Twin Otter. According to the applicant, the airship could be placed in a
hangar at their adjacent parcel to the east.
The flight path from the airstrip to the hangar would be intended to be a vertical takeoff from
the airstrip to a height to avoid obstacles and then a descent onto the parcel owned by PRL
Inc. to the east for placement into the hangar. The construction of the hangar and
associated development would require the processing of a separate Conditional Use
Permit.
It is anticipated that all take -off', landing and maneuvering would take place over the waters
of Cook Inlet. Except for safety or weather conditions, there would be no anticipated
maneuvering of the airship or any fixed -wing aircraft over the residences or the wetlands
and migratory bird area adjacent to the subject parcels. Furthermore, concerning noise,
according to information submitted by the applicant the airship would generate between 60
and 70 decibels of sound during take -off from a distance of 300 meters (984 feet).
Conversely, a twin -engine turbine fixed -wing aircraft generates 80 decibels and a jet aircraft
generates in excess of 90 decibels.
Therefore, given the above discussion and proposed conversion of an existing
approximately 7,308 -square -foot single-family residence, approximately 1,280 -square -foot
detached garage and an approximately 2,250 -square -foot detached aircraft hangar to a
proposed private Lodge, Professional Office and a private use Airport. As well as the
private limited use of an existing airstrip would not have a harmful impact to the public
safety, health or welfare, provided that all conditions recommended by staff and the
Planning and Zoning Commission are followed.
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. The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of the
United States Department of Transportation, Federal Aviation Administration.
Resolution No. PZ17-14 Conditional Use Permit
Page 16
3. The US Army Corps of Engineers shall approve the filling or impact to any wetlands.
4. Prior to operation of the Limited Use Airport (Airstrip) PRL Inc. shall submit an
Operational Plan for review by the City of Kenai. Every two years following the submittal
of the first Operational Plan, a revised Plan shall be submitted to the City of Kenai for
review. Any revisions to the Operational Plan will require approval of the City Manager
before their implementation.
5. The existing Airstrip shall remain a grass surface vegetated with Alaska native grasses
and there shall be no placement of fill material on the subject parcels without an
amendment to the Conditional Use Permit and approval of the Planning and Zoning
Commission.
6. The footprint of the existing Airstrip shall not be expanded without an amendment to the
Conditional Use Permit and approval of the Planning and Zoning Commission.
7. Within 16 -months of the issuance of this Conditional Use Permit the existing post and
chain fence line that is fronting the dunes shall be extended south to Royal Street by
Pacific Rim Logistics. The posts and chain fence shall be of similar materials and colors
and shall be subject to inspection by the City of Kenai after their installation.
8. The operation of the Limited Use Airport or Airstrip shall at no time damage or impact the
dune area to the west of the Airstrip. There shall be no construction or the placement of
any material on or in the dune area. PRL Inc. shall remedy any damages done to the
dunes because of the operation or construction of the Limited Use Airport or Airstrip to
the satisfaction of the City of Kenai.
9. Loading or unloading of all aircraft or airships shall not unreasonably interfere with the
enjoyment of neighboring private property given their residential character.
10. Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet.
11. At no time, shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery.
12. At no time, shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip.
13. Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9 — 15, inclusive, and a portion of
the SE'/, SE !14, NE'/, Section 7, TSN, R1 1W for a Limited Use Airport and Airstrip shall
be restricted to the area shown on Attachment A.
14. At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as "Area Reserved for Public Access Easement'.
15. Prior to Operation of the Restaurant or Lodge, the Applicant shall submit documentation
from the State of Alaska, Department of Environmental Conservation of approval for the
septic and water systems for the Conditional Uses.
16. Prior to Operation of the Lodge and or Bed and Breakfast, the City of Kenai Fire Marshal
shall inspect the premises for compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant to
KMC 14.20.321.
Resolution No. PZ17-14 Conditional Use Permit
Page 17
17. Until such time as it expires, the Conditional Use Permits shall also be subject to the
Conditions of Approval in the Special Use Permit issued as a part of Resolution No.
2017-20.
18. Loud music and other loud noises related to assemblage shall not occur between the
hours of 8:00 PM and 9:00 AM Sunday through Thursday and 11:00 PM through 9:00 AM
Friday through Saturday.
19. Operation of the Professional Office shall be subject to the requirements of this
Conditional Use Permit.
20. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
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 ASSEMBLIES WHICH Cnt II n (nnlc]gT nG XAiFnninirc
ATTACHMENT A 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 2411 day of May, 2017.
ATTEST: J F A T, HAIRPERSON
is,
PZ17-18-Airport (Airstrip)
I