HomeMy WebLinkAboutResolution No. PZ2019-43CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-43
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR THE USE OF GUNSMITHING AT 1006 INLET
WOODS DRIVE
APPLICANT: Paul N. Begins
PROPERTY ADDRESS : 1006 Inlet Woods Drive
LEGAL DESCRIPTION : Lot 2A, Block 2, Inlet Woods Subdivis ion Moore Replat
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04101358
WHEREAS, a complete application meeting the requirements of Kenai Muni cipal Code 14.20.150
was submitted to the City on October 11 , 2019; and,
WHEREAS, the applicant ha s demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code
14.2 0.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on November 13 , 2019, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and
the purposes and intent of the zoning district;
Condition Exists: The subject parcel is within the RS Zone. Pursuan t to KMC 14.20.090,
the intent of the Suburban Residential Zones (RS, RS-1 , and RS-2 Zones) is for medium
density residential development in areas which will be provided with common utility
systems, to prohibit uses which would violate the residentia l character of the environment
or generate heavy traffic in a predominantly residential area, and to separate residential
structures to an extent which will allows for adequate light, air, and privacy. The Suburban
Residential Zones provide for denser development than the Rural Residentia l Zones of
the City.
The business use for gunsmithing will be secondary or incidental to the residential use of
the main building. While the use requires a Conditional Use Permit because of its location
in the RS Zone, it will be similar in character to a home occupation in that business will be
conducted such that the average neighbor would not be aware of the use . The applicant
doe s not expect to conduct retail sales or have cus tomers visit the garage business with
his permit. Additional postal traffic or administrative traffic may be created while the
Resolution No . PZ2019-43
Page 2 of 4
applicant cleans guns and tests cleaning options for guns related to this gunsmithing
business. Retail customers bringing in orders for gunsmithing are not part of his business
plan at this time for this location . If the applicant plans to have customers at the garage at
this location, he would need to amend his conditional use permit from the City. Adequate
parking is available in the driveway for deliveries or other administrative traffic for the
gunsmithing business . Business will be conducted in an existing garage and will not
require the building of new structures on the premises.
2. KMC 14 .20 .150(d)(2) The value of the adjoining property and neighborhood will
not be significantly impaired;
Condition Exists : The proposed use will not impact the character of the street.
Residents may turn onto Inlet Woods Drive from Redoubt Avenue. The applicant
anticipates having few and infrequent additional traffic on-site. His business use
of the property would not be readily apparent to the average person and would
thus be unlikely to significantly impair the value of the adjoining property and
neighborhood . He does not expect to have a sign for his business , and would
obtain a sign permit from the City if he does put up a sign in the future.
3 . KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive
Plan ;
Condition Exists: The proposed use is in line with goals and objectives identified
in the Comprehensive Plan, including Goal 2-Economic Development which
states Kenai will encourage businesses to start up while providing growth that
promotes affordable residential and commercial development and Goal 3-Land
Use which states Kenai implement a forward-looking approach to community
growth and development. That applicant will be able to start his small business in
Kenai with a low up-front cost while maintaining the suburban residential
character and quality of life in his neighborhood.
4 . KMC 14 .20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Condit io n Exists : Access to the property is from Inlet Woods Drive, which connects to
Redoubt Avenue and eventually the Kenai Spur Highway. Both Inlet Woods Drive and
Redoubt Avenue are paved roads maintained by the City of Kenai. The property is
connected to City water and sewer.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Condition Exists : According to KMC 13.15.010-Discharge of firearms, it is unlawful for a
firearm to be discharged in more populated areas of the City of Kenai , including the
neighborhood for the proposed gunsmith business. A proposed condition of issuance of
the Conditional Use Permit is that the applicant obtain and submit a copy of his license
from the federal Bureau of Alcohol, Tobacco , and Firearms to the City of Kenai prior to
operation . The applicant will follow federal requirements for security and is aware he
may need to add additional security to the window, entry points to the garage, and
Resolution No. PZ2019-43
Page 3 of 4
divider between the garage halves . The measures are listed as a recommended
condition of the issuance of the Conditional Use Permit. In addition , a health and safety
inspection by the City of Kenai Fire Marshal is listed as a recommended cond ition of the
issuance of the Conditional Use Permit. The Fire Marshal will be contacted for an
inspection if the Planning and Zoning Commission approves of the use of gunsm ith ing .
The applicant may not operate his business until he has passed the Fire Marshal 's
inspection. If these conditions are met prior to operation as terms of the conditional use
permit, the gunsmithing businesses will not be harmful to the pub lic safety, health, or
welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should 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.
Conditions of the conditional use permit are stated in Section 2 of the resolution.
WHEREAS, the applicant has agreed to conditions of the conditional use permit that will protect
public safety health, and welfare, follow the intent of the Suburban Residential (SR) Zone, and
follow City requirements of the conditional use permits and gunsmithing is an allowed use within
the SR Zone with a Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Paul N. Begins for the use of gunsmithing
at 1006 Inlet Woods Drive .
Section 2. That the conditional use permit is subject to the following conditions :
1. Applicant must comply with all federal, State of Alaska, and loca l regulations.
2. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
3. The applicant will meet with City staff for on-site inspecti o ns when requested.
4. If there is a change of use for the above described property a new Conditional Use
Permit mu s t be obtained, pursuant to 14.20.150(i)(5). This includes a change in use to
have customers at the garage instead of the described use.
5. Pursuant to KMC 14 .20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
6. Prior to operation, the applicant must s ubmit a copy of the federal firearms lice nse
issued by the federal Bureau of Alcoho l, Tobacco , Firearms and Exp losives.
7. Prior to operation, the applicant must schedule an appointment for an inspection by the
City of Kenai Fire Marshal and shall comply with instructions from the Fire Marshal to
Resolution No. PZ2019-43
Page 4 of 4
meet municipal Fire Code . The applicant will provide documentation to the City of
biannual fire inspections (once every two years) after the initial inspection prior to
operation.
8. Prior to operation, the applicant will install any additional security as required by the
Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of
Kenai Fire Marshal. Casual access shall not be available to the garage.
9 . If the applicant decides to put up a sign for his business, he will first obtain a sign permit
from the City of Kenai.
10 . Failure to provide documentation to the City of meeting these conditions prior to
operation of the gunsmithing business shall be grounds for the suspension or revocation
of the Conditional Use Permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of November, 2019.
ATTEST:
STAFF REPORT
To: Planning & Zoning Commission
From: Elizabeth Appleby, City Planner
Date: November 7, 2019
Subject: Resolution PZ2019-43 – Conditional Use Permit – Gunsmithing
Applicant: Paul N. Begins 1006 Inlet Woods Drive Kenai, AK 99611
Owner: Requested Action:
Roseann Wilson 1006 Inlet Woods Drive Kenai, AK 99611 Conditional Use Permit – Gunsmithing Legal Description: Lot 2A, Block 2, Inlet Woods Subdivision Moore Replat
Property Address: 1006 Inlet Woods Drive KPB Parcel Number: 04101358 Lot Size: 17,424 square feet (0.40 acres)
Existing Zoning: Suburban Residential (RS) Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential (SR)
GENERAL INFORMATION The City has received an application for a conditional use permit for gunsmithing at 1006 Inlet Wood Drive. The subject parcel is located in the Suburban Residential (RS) Zone of the City of
PZ2019-43 Staff Report Page 2
Kenai. Kenai Municipal Code (KMC) 14.22.010-Land Use Table denotes the land use of Gunsmithing as a conditional use within the SR Zone. KMC 14.20.320-Definitions gives the following definition of a gunsmith: “Gunsmith” means a person who repairs, modifies, designs, or builds firearms. The applicant intends to use approximately 256 square-foot of the attached garage for his gunsmithing business. The property is owned by Rosann Wilson. Ms. Wilson has submitted a letter to the City of Kenai granting Mr. Begins permission to operate the gunsmithing business with the attached garage of the residence in which he resides. Application KMC 14.20.150(b) details application requirements for conditional use permits. City staff deemed the application to be complete and the City is in receipt of the application fee. The City Planner conducted a site visit of the premises on October 29, 2019. Public Notice, Public Comment KMC 14.20.150(b) details application requirements for conditional use permits. City staff deemed the application to be complete and the City is in receipt of the application fee. Pursuant to KMC 14.20.280-Public hearing and notifications, City staff published notice of the public hearing twice in the Peninsula Clarion, sent notification to real property owners within three-hundred-feet (300’) of the affected parcel, and notification was posted on the property. The City received one phone call from a resident requesting information about the applicant’s intended use. One letter was received by the City from an Inlet Woods resident. The letter did not address any specific agenda item of the Planning and Zoning Commission. As such, it is included as an informational item, but it likely pertains to PZ2019-43 as it mentions the Inlet Woods subdivision.
ANALYSIS Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(d)-Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit:
• KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Condition Exists: The subject parcel is within the RS Zone. Pursuant to KMC 14.20.090, the intent of the Suburban Residential Zones (RS, RS-1, and RS-2 Zones) is for medium density residential development in areas which will be provided with common utility systems, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominantly residential area, and to separate residential structures to an extent which will allows for adequate light, air, and privacy. The Suburban Residential Zones provide for denser development than the Rural Residential Zones of the City. The business use for gunsmithing will be secondary or incidental to the single-family residential use of the main building. While the use requires a Conditional Use Permit because of its
PZ2019-43 Staff Report Page 3
location in the RS Zone, it will be similar in character to a home occupation in that business will be conducted such that the average neighbor would not be aware of the use. The applicant does not expect to conduct retail sales or have customers visit the garage business with his permit. It will not be a storefront-style business. Additional postal traffic or administrative traffic may be created while the applicant cleans guns and tests cleaning options for guns related to this gunsmithing business. Retail customers bringing in orders for gunsmithing are not part of his business plan at this time for this location. If the applicant plans to have customers at the garage at this location, he would need to amend his conditional use permit from the City. Adequate parking is available in the driveway for deliveries or other administrative traffic for the gunsmithing business. Business will be conducted in an existing garage and will not require the building of new structures on the premises.
• KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired; Condition Exists: The proposed use will not impact the character of the street. Residents may turn onto Inlet Woods Drive from Redoubt Avenue. The applicant anticipates having few and infrequent additional traffic on-site. His business use of the property would not be readily apparent to the average person and would thus be unlikely to significantly impair the value of the adjoining property and neighborhood. He does not expect to have a sign for his business, and would obtain a sign permit from the City if he does put up a sign in the future.
• KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Condition Exists: The proposed use is in line with goals and objectives identified in the Comprehensive Plan, including Goal 2-Economic Development which states Kenai will encourage businesses to start up while providing growth that promotes affordable residential and commercial development and Goal 3-Land Use which states Kenai implement a forward-looking approach to community growth and development. That applicant will be able to clean guns in his garage and develop his business plans while maintaining the suburban residential character and quality of life in his neighborhood.
• KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Condition Exists: Access to the property is from Inlet Woods Drive, which connects to Redoubt Avenue and eventually the Kenai Spur Highway. Both Inlet Woods Drive and Redoubt Avenue are paved roads maintained by the City of Kenai. The property is connected to City water and sewer.
• KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Condition Exists: According to KMC 13.15.010-Discharge of firearms, it is unlawful for a firearm to be discharged in more populated areas of the City of Kenai, including the neighborhood for the proposed gunsmith business. A proposed condition of issuance of the Conditional Use Permit is that the applicant obtain and submit a copy of his license from the federal Bureau of Alcohol, Tobacco, and Firearms to the City of Kenai prior to operation. The applicant will follow federal requirements for security and is aware he may need to add additional security to the window, entry points to the garage, and divider between the garage halves. The measures are listed as a recommended condition of the issuance of the
PZ2019-43 Staff Report Page 4
Conditional Use Permit. In addition, a health and safety inspection by the City of Kenai Fire Marshal is listed as a recommended condition of the issuance of the Conditional Use Permit. The Fire Marshal will be contacted for an inspection if the Planning and Zoning Commission approves of the use of gunsmithing. The applicant may not operate his business until he has passed the Fire Marshal’s inspection. The applicant would fine-tune a prototype apparatus used to clean guns using typical amounts of gun cleaning solvents that are already widely available and would not be mixing or adjusting typical solvents used to clean guns. If the conditions are met prior to operation as terms of the conditional use permit, the use will not be harmful to the public safety, health, or welfare.
• KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to
fulfill the above-mentioned conditions should 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. Recommended conditions are stated at the end of the report.
RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. 3. The applicant will meet with City staff for on-site inspections when requested. 4. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). This includes a change in use to have customers at the garage instead of the described use. 5. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. Prior to operation, the applicant must submit a copy of the federal firearms license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. 7. Prior to operation, the applicant must schedule an appointment for an inspection by the City of Kenai Fire Marshal and shall comply with instructions from the Fire Marshal to meet municipal Fire Code. The applicant will provide documentation to the City of biannual fire inspections (once every two years) after the initial inspection prior to operation. 8. Prior to operation, the applicant will install any additional security as required by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Kenai Fire Marshal. Casual access shall not be available to the garage.
PZ2019-43 Staff Report Page 5
9. If the applicant decides to put up a sign for his business, he will first obtain a sign permit from the City of Kenai. 10. Failure to provide documentation to the City of meeting these conditions prior to operation of the gunsmithing business shall be grounds for the suspension or revocation of the Conditional Use Permit.
ATTACHMENTS A. Resolution No. PZ2019-43 B. Application C. Letter from Property Owner D. Site Plan E. Photo from Site Visit on October 29, 2019 F. Maps
(~ APPLICATION FOR CONDITIONAL USE PERMIT '·~u..,.r,-r~,· KMC 14.20.150
WAI~
PROPERTY OWNER
Fax Number:
Email:
PROPERTY INFORMATION
Conditional Use Requested For: (Describe the project, and use additional sheets if
necessary) _
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DOCUMENTATION
Required Attachments: Completed Application Form
Site Plan/Floor Plan with Square Footage
$250 Fee (plus applicabl~ sales tax)
KPB Tax Compliance (if applicable)
State Business License (if aoolicable)
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property
described above and that I petition for a conditional use permit in conformance with
Title 14 of the Kenai Municipal Code. I understand that payment of the application fee
is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that
assigned hearing dates are tentative and may have to be postponed by Planning
Department staff of the Planning and Zoning Commission for administrative reasons. !
understand that a site visit ma be re uired to rocess this a licatioo. CU of Kenai
ersonnel are authorized to access the above-referenced ro -for the ur o of
processing this application. \
Revised 7/5/2017
REC
CITY OF KENAI
DATE i6-t\-lq
PLANNING DEPARTMENT
)
Page 1of3
CONDITIONAL USE STANDARD (KMC 14.20.150)
The Planning and Zoning Commission may only approve the conditional use if the
Commission finds that the following six (6) standards are satisfied. Each standard
must have a response in as much detail as it takes to explain how your project
satisfies the standard. The burden of proof rests with you. Feel free to use
additional paper if needed.
The use is consistent with the purpose of this chapter and the purposes and intent of the
zoninQ district:
The ro osed use is in harmon with the Com rehensive Plan :
Public services and facilities are adequate to serve the proposed use :
The proposed use will not be harmful to the public safety, health or welfare:
Revised 7/5/2017 Page 2 of 3
Any and all specific conditions deemed necessary by the Commission to fulfill the above-
mentioned conditions should be met by the applicant. These may include, but are not
limited to measures relative to access, screening, site development, build ing design,
operation of the use and other similar aspects related to the prooosed use.
LAND USE
Describe current use of property covered by this application: ..... ' -~V\t"-l u •'p~m~ ¥
Surrounding property: (Describe how land adjacent to th
North: 12e.sl d.tl'\~tA. \
South:
East:
West:
y being used)
PROCEDURES FOR PERMITS REQURING PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC
14.20.280. The Planning and Zoning Commission meets the 2nd and 4th Wednesday of each
month. To meet notice requirements, the Planning Department must rece ive your completed
application 21 days prior to the meeting when the Public Hearing is scheduled.
• Applications requiring Public Hearings must be filed no later than noon on the date of th e
deadline.
• Home Occupations and Landscape/Site Plans do not require a Public Hearing.
• Allow up to 4 weeks for the permitting process.
• If required :
o The Fire Inspection Report must be received prior to processing the app lication.
o The Affidavit of Posting must be received 2 weeks prior to the hearing date in
order to schedu le a public hearing .
o Resolutions cannot be issued until expiration of the 15-d ay appeal period.
o Resolutions cannot be issued until documentation is received that the certificate
of compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC
HEARING FEE OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN
TO POST AND AN AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING
DEPARTMENT TO BEGIN PROCESSING THE APPLICATION.
Revised 7/5/2017 Page 3 of 3
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RE: Permission for use of property for FFL r e lated activities.
1006 Inlet Woods Drive
Kenai, AK 99611
To whom it may concern,
Plea se let this document serve as formal permission, with no restri ctions, to perform law ful
business activities, related in whole, or in part, to the firearms and sporting industry and in
obtain ing any related or required licensure to conduct said activity.
Roseann Wilson
PROPE RTY OWNER
1006 Inlet Woods Dr ive,
Kena i, AK 99611
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LEEWARD DRDate: 10/29/2019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1006 Inlet Woods Drive
04101358
Lot 2A, Block 2Inlet Woods Subd.Moore Replat
Map for PZ2019-43(1:400 Scale).
0 4020 Feet
REDOUBT AVE CHANNEL WAYN FOREST DRSKYLER LNWALNUT AVEINLET WOODS DRFIR DRALDER AVEELM AVELEEWARD DRCEDAR DRWI
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OAK AVE Date: 10/29/2019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1006 Inlet Woods Drive
04101358
Lot 2A, Block 2Inlet Woods Subd.Moore Replat
Map for PZ2019-43(1:4,000 Scale).
0 400200 Feet
LEGENDZoning
Rural Residential (RR)
Suburban Residential (RS)