HomeMy WebLinkAboutResolution No. PZ2019-38"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.citv
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019 - 38
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR THE
USE A PROFESSIONAL OFFICE IN THE RURAL RESIDENTIAL ZONE TO:
APPLICANT: VIP MONITORING SERVICES LLC
USE: PROFESSIONAL OFFICE
LEGAL DESCRIPTION: A PORTION OF SECTION 11, TOWNSHIP 5 NORTH,
RANGE 11 WEST, SEWARD MERIDIAN
PHYSICAL ADDRESS: 2785 BEAVER LOOP ROAD
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04911002
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.150 was submitted to the City on August 30, 2019; and,
WHEREAS, the application affects land zoned as Rural Residential; and,
WHEREAS, the application meets the requirements of Kenai Municipal Code 14.20.150(5)
stating conditional use permits may be transferred from one owner to another for the same use;
and,
WHEREAS, the Planning and Zoning Commission finds:
1. The transferor has complied with the conditions of the existing Conditional Use Permit
PZ15-28; and,
2. The transferee will comply with the conditions of the existing Conditional Use Permit
PZ15-28; and,
3. The transfer of the conditional use permit would not change the use of the property.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the conditional use permit granted under PZ15-28 is transferred to
Resolution PZ2019-38
Page 1 of 2
VIP Monitoring Services LLC.
Section 2. That the conditional use permit is subject to the following conditions:
a. Further development of the property shall conform to all Federal, State,
and local regulations.
b. Property owner must obtain a sign permit prior to placing a sign on the
premises to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces
must be an ADA parking space pursuant to the guidelines as set forth in
the 2009 International Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as
set forth in KMC 14.20.150(f).
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 111th day of September, 2019.
ATTEST:
NA/
HEINZ, CMC, CIT LERK �, J
T
Resolution PZ2019-38
Page 2 of 2
,U -- Fa ( _
JEFF TWAIT, CHAIRPERSON
STAFF REPORT
To: Planning & Zoning Commission
Date: September 5, 2019
Subject: Resolution PZ2019-38 – Transfer of Conditional Use Permit from Clifford and Kristin
Smith, Transferors, to VIP Monitoring Services LLC, Transferee
Applicant: Clifford and Kristin Smith
2785 Beaver Loop Rd.
Kenai, AK 99611
Requested Action: Transfer of Conditional Use Permit PZ15-28
Legal Description: A portion of the Northwest one-quarter (NW ¼), Section 11,
Township 5 North, Range 11 West, Seward Meridian
Property Address: 2785 Beaver Loop Road
KPB Parcel No: 04911002
Lot Size: 16,988 square feet (0.39 acres)
Existing Zoning: Rural Residential (RR)
Current Land Use: Professional Office
Land Use Plan: Low Density Residential
GENERAL INFORMATION
Clifford and Kristin Smith hold a conditional use permit to operate a professional office in the Rural
Residential Zone. The City has received an application to transfer the permit to VIP Monitoring
Services LLC.
Application, Public Notice, Public Comment
On August 30, 2019, the Transferor, Clifford and Kristin Smith, submitted an Application for
Transfer of Conditional Use Permit to follow Kenai Municipal Code (KMC) 14.20.158(a) requiring
PZ2019-38 Staff Report Page 2
an application for transfer in writing.
City staff published notice of the application in the Peninsula Clarion. No public comments have
been received as of September 6, 2019.
ANALYSIS
On September 23, 2015, the Planning and Zoning Commission passed Resolution PZ15-28 for
the conditional use of a professional office. The permit was issued to Clifford and Kristin Smith,
subject to the following conditions:
a. Further development of the property shall conform to all Federal, State, and local
regulations.
b. Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces must be
an ADA parking space pursuant to the guidelines as set forth in the 2009 International
Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as set
forth in KMC 14.20.150(f).
Mr. Smith obtained a sign permit prior to constructing a sign, added the required parking spaces,
and has submitted annual reports as required by KMC14.20.150(f). He is current with obligations
due to the City of Kenai and the Kenai Peninsula Borough.
Kenai Municipal Code (KMC) 14.20.150(i)(5) states the following on transfers of conditional use
permits:
KMC 14.20.150(i)(5) Transferability. A Conditional Use Permit is not transferable
from one (1) parcel of land to another. Conditional Use Permits may be transferred
from one (1) owner to another for the same use, but if there is a change in use on
the property, a new permit must be obtained.
The applicant has provided information to the City showing the current permit holder, Clifford and
Kristin Smith, meet the conditions of PZ15-28. The new permit holder would continue to operate
under the terms and conditions of the original Conditional Use Permit PZ15-28. There will not be
a change in use.
RECOMMENDATIONS
The transfer of Conditional Use Permit PZ15-28 for a professional office meet the requirements
of Kenai Municipal Code 14.20.150(i)(5) and 14.20.157(a). City staff recommends approval of the
transfer of Conditional Use Permit PZ15-28, subject to the following conditions:
a. Further development of the property shall conform to all Federal, State, and local
regulations.
PZ2019-38 Staff Report Page 3
b. Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business.
c. Property owner must provide five (5) parking spaces and one of the spaces must be
an ADA parking space pursuant to the guidelines as set forth in the 2009
International Building Code.
d. Property owner shall submit an annual report for the Conditional Use Permit as set
forth in KMC 14.20.150(f).
ATTACHMENTS
1. Draft Resolution No. PZ2019-38
2. Resolution No. PZ15-28
3. Application
4. Map
"Vt1/~e with a Past, City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I Fax : 907-283-3014
www .ci.kenai .ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-28
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
PROFESSIONAL OFFICE IN A RURAL RESIDENTIAL ZONE .
APPLICANT: Clifford Smith and Kristin Smith
ADDRESS : 319 Rogers Rd ., Kenai, AK 99611
PROPERTY ADDRESS: 2785 Beaver Loop Road
LEGAL DESCRIPTION: A portion of the Northwest one-quarter (NW X), Section 11 ,
Township 5 North, Range 11 West
KENAI PENINSULA BOROUGH PARCEL NO: 04911002
WHEREAS, an application meeting the requirements of Section 14.20.150 has been
submitted and received on August 31, 2015;
WHEREAS, the application affects land which is zoned as Rural Residential (RR);
WHEREAS, a duly advertised public hearing as required by Kena i Municipal Code
14.20.153 was conducted by the Commission on September 23 , 2015; 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.
This property is located in the Rural Residential zone. The Rural Residential
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 specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural , open quality of the environment;
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The properties located along Bea ver Loop Road are a mix of residential
housing, including multi -fam ily dwellings and a trailer park; businesses including,
an assisted li ving home, and guiding and lod ging businesses (along Angler
Drive). There are also seven gravel pits which operate in this area. All of these
businesses we re granted a Conditional Use Permit to operate their business in
the Rural Residential zone.
The applicant's plan to convert a single family dwelling into a professional office
building will not diminish the residential character of the neighborhood. The
traffic generated by this business should be minimal as the applicant states that
he typically sees approximately t en clients per day and he is encouraging clients
to make appointments to ease traffic congestion .
The provisions of Kenai Municipal Code 14 .20.250 require that parking for a
professional office are one (1) space per four hundred ( 400) square feet of gross
floor area . The gross floor area for the applicant's office building is
approximately 1936 square feet; therefore, five parking spaces will be required.
One of those parking spaces must meet the provisions of the 2009 International
Building Code as it pertains to the American with Disabilities Act (ADA) parking
requirements.
Kenai Municipal Code 14.20.220(2)(C) provides for one sign per use not to
exceed thirty-two (32) squa re feet. Such signs shall be no closer than ten feet
(10 ') to any property line or shall be flat against the bu ilding.
B . The value of the adjoining property and neighborhood will not be significantly
impaired .
The addition of the professional office will not significantly impair the
neighborhood . The appli cant's business is small in scale and the traffic
generated by applicant's business shou ld be minimal given the low volume of
clients visiting the establishment.
The properties lying to the north of subject property are gravel pits ; the property
to the south is a trailer park (directly across from the subject property); and
properties to the east and west are undeveloped at this time .
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan provides that the Rural Residential district
includes areas that, due to location or site conditions, are best suited for
large-lot single-family residential development. Homes in this district typically
rely on individual on-site water supply and wastewater disposal systems.
Compatible institutional uses such as churches, schools, and daycare
facilities may be intermixed if they comply with zoning design guidelines.
Small homebased businesses may be accommodated within certain design
guidelines.
Based on the information provided by the applicant, staff believes that the
business will have little impact to the neighborhood. The business is small in
scale and the traffic flow on Beaver Loop Road should not be significantly
impacted by the addition of this business.
The applicant does not have plans to make major renovations to the exterior of
the building . The applicant proposes to make some minor additions to the
property, as follows:
a. A sign would be installed on the premises pursuant to the provisions as
set forth in KMC 14.20.220(2)(C);
b . A portion of the grass in front of the building would be removed and
replaced with gravel to increase the parking area as provided in KMC
14.20.250; and
c. A ramp will be installed to provide access to disabled individuals entering
the building .
0. Public services and facilities are adequate to serve the proposed use.
The property is serviced by a private well and septic system. The property is
further serviced by electricity, gas and phone services. Access to the property is
provided by Beaver Loop Road which is a paved state maintained road .
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed use of a professional office will not be harmful to the public safety,
health or welfare.
WHEREAS, any and all specific conditions deemed necessary by the 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 . Further development of the property shall conform to all Federal, State, and local
regulations .
b . Property owner must obtain a sign permit prior to placing a sign on the premises
to advertise the business .
c. Property owner must provide five (5) parking spaces and one of the spaces must
be an ADA parking space pursuant to the guidelines as set forth i n the 2009
International Building Code .
d. Property owner shall submit an annual report for the Cond itional Use Permit as
set forth in KMC 14 .20 .150(f).
NOW, THEREFORE , BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED PROFESSIONAL OFFICE MEETS THE
CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE
APPROPRIATE PERMIT.
it, Chairperson
08 /30 /2019 12:4 2 90 7335193 6 VIP ALA SKA, INC . PAGE 01 /01
RECEIVED
CITY OF KENAI
APPLICATION FOR TRANSFER OF COND ITIO AL USE PERM1T 0ATE ~~,&-1q
KMC 14 .20.150(1)(5) & 14.20 .158 PLANNING DEPARTMENT
PROPERTY INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT· IF DIFFERENT
Pro e Tax ID#:
Site Street Address:
CERTIFICATION OF TRANSFEREE : I hereby certify that I am the property owner
(transferee), or have been authorized to act on behalf of the property owner1, and
hereby apply for a transfer of Conditional Use Permit PziS" -2$ . I agree to operate
under the terms and conditions of the original Conditional Use Permit and application.
I understand site visits may be required to process this application for purpose of
confirming compliance with conditional use permit conditions.
I Transferee Signature"~------~
ACKNOWLEGEMENT OF TRANSFEROR: I hereby acknowledge that
CJ-lr>R>~ '$M tT# (name of Transferee) has applied for a transfer of Conditional
Use Permit PZ fS'-28 , and consent to the transfer.
b 'O't.z. 'I. 'l? ate: ' ~r I Transferor Signatur:; ~
Revised 11/6/2014
2800
Ptn. NW 1/4, Sec. 11,
TSN, R11W
(KPB #04911002)
N W+E
s
100' c= . J
1 inch equals 100 feet
The information depicted here
on is for graphic representation
only of the best available sources .
The City of Kenai assumes no
responsibility for errors on this
map.
Date: 9/5/2019