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HomeMy WebLinkAboutResolution No. PZ2020-11JC K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020·11 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL SIX-FAMILY DWELLING UNIT FOR SENIORS AGE 55 AND OLDER. APPLICANT: Kenai Peninsula Housing Initiatives, Inc. REPRESENTATIVE: Connie Vann PROPERTY ADDRESS : 2932 Redoubt Avenue LEGAL DESCRIPTION : Lot 1, Kenai Meadows KENAI PENINSULA BOROUGH PARCEL NUMBER: 03901063 WHEREAS , a complete appl ication meeting the requirements of Kenai Municipal Code 14.20.150 wa s submitted to the City on May 1, 2020; and, WHEREAS, the conditional use aligns with Ordinance 2899-2016 that granted the property from the City to the applicant; and , WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14 .20.150; and , WHEREAS, the City of Kena i Planning and Zoning Commission conducted a duly advertised public hearing on May 13 , 2020, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notification s. WHEREAS, the Planning and Zoning Commission finds : 1. KMC 14.20.150(d)(1) The use is consistent with the purpos e of this chapter and the purposes and intent of the zoning district; Critera Met: The proposed six-unit apartment community meets the intent of KMC14.20.150 and the intent of the RR Zone with respect to the proposed use as a six- unit apartment community, given compliance with the staff recommended specific conditions set forth below. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive resident ial environment. The Land Use Table provides that a five or six-family dwelling is a conditional use; therefore, a conditional use permit must be granted to construct the second six unit apartment community (Kenai Meadows Senior Apartments) in this zone. Resolution No. PZ2020-11 Page 2 of 4 The proposed six-unit apartment community will offer two one-bedroom units and four t wo- bedroom units. The adjacent parcel also contains two multi-unit structures and is also owned by the appli cant. Both parcels front Redoubt Avenue and wou ld not bri ng heavy traffic into an existing neighborhood . 2 . KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The surrounding neighborhood consists of both single-family dwellings and multi-family dwellings. There are currently two larger apartment complexes that front Redoubt Avenue . In addition, there is a detached four-plex located on McKinley Avenue , which is accessed directly off Redoubt Avenue . Kenai Peninsu la Housing Initiatives, Inc. has also constructed a six-plex and four-plex on the adjoining Lot 2, Kenai Meadows . The applicant states that an independent market analys is performed by the national firm Novagradac concluded the proposed development w ill offer va lue in the market and not negatively impact the surrounding properties . 3 . KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan with the City's Comprehensi ve Plan designates th is property as Suburban Residential, which provides for s ingle-family and mult i-famil y residential uses that are urban or suburban in character. The Suburban Residential classification provides for areas that will typically be de velopment at a higher density that the Low Density Residential classification. There are three large subdivisions located along Redoubt Avenue; namely, Wood land Subdivision, Inlet View Subdivision, and Mommsen's Subdivision. The s ubject lot is larger than a majority of the lots in these subdivisions. The subject lot con tains approxima tely 52 ,925 square feet, which is much larger than the requ ired minimum lot s ize of 20 ,000 square feet as required in the Rural Residential Zoning District. Water and sewer services are available along Redoubt Avenue. Red o ubt Avenue provides access to the proposed complex, which is a paved City maintained road. 4 . KMC 14 .20.150(d)(4) Public services and facilities are adequate to serve the pr oposed use; Criteria Met. The properties located along Redoubt Avenue have access to C ity wa ter, City sewer, natural gas, electricity, and telephone servi ces . Redoubt Avenue is a pa ved road wh ich is maintained by the City of Kena i. Kenai Mu nicipal Code 14.20.250(b )(8) requires that there are two parking spaces available for each unit for a tota l of 12 parking spaces . The attached site plan designates 12 parking spaces for residents and guests of the six-unit apartment community. 5 . KMC 14 .150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: The use of a six-unit apartment communi ty will not be harmful to the pu bli c safety, health and welfare . Staff believes that public services are ava il able to adequately serve the six-unit apartment community. The applicant has provided the City with a site plan , which indicates that there will be sufficient parking ava ilable for residents and guests Resolution No. PZ2020-11 Page 3 of 4 of the comple x . Access to the complex will be provided by Redoubt Avenue wh ic h is a City maintained paved road; therefore, the proposed use will not be harmful to the public safety, health and 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. See Conditions of Approval as set forth in Section 2. The applicant must obtain a build ing permit, an approved site plan, and a variance permit prior to construction . NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Secti o n 1. That a conditional use permit is granted to Kenai Peninsula Housing Initiatives, Inc. for the use of a residentia l six-family dwe ll ing unit for seniors age 55 and older on Lot 1, Kenai Meadows located at 2392 Redoubt Avenue . Section 2. That the conditional use permit is subject to the follow ing conditions : 1. Further development of the property shall conform to all federa l, State of A laska , and local regulations . 2. Prior to issuance of a Building Permit. a landscape/site plan must be reviewed and approved by the City Planner. 3. Prior to issuance of a Building Permit. a variance permit must be reviewed and approved by the Planning and Zoning Commission . 4. Prior to beginning construction of the project. a building permit must be issued by the Building Official for the City of Kenai. 5. A biennial fire inspection must be completed by the Fire Marshal for the C ity of Kenai. 6 . A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 3P1 day of December of each ye ar. 7 . The applicant will meet with City staff f or on-site inspections when requested . 8 . If there is a change of use for the above described property a new Conditional Use Permi t must be obtained, pursuant to 14.20.150(i)(5). 9. Pursuant to KMC 14.20 .150(i)(2), this permit shall expire automat ically upon term ination or interruption of the use for a period of at least one yea r. 10 . Failure to provide documentation to the City for meeting these condit ions shall be grounds for the suspension or re vocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of May, 2020. Resolution No . PZ2020-11 Page 4 of 4 ATTEST: ~ mJCHAiRPERSON STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: May 8, 2020 SUBJECT: PZ2020-11 – Conditional Use Permit – Six Family Dwelling Unit Applicant: Kenai Peninsula Housing Initiatives, Inc. P.O Box 1869 Homer, Alaska 99603 Legal Description: Lot 1, Kenai Meadows Property Address: 2392 Redoubt Avenue KPB Parcel No: 03901063 Lot Size: 1.215 (52,925 square feet) Existing Zoning: Real Residential Current Land Use: Six Family Dwelling Unit Land Use Plan: Suburban Residential GENERAL INFORMATION A five or six-family dwelling is listed as a conditional use within the Rural Residential Zone in Kenai Municipal Code 14.22, Land Use Table. The applicant, Kenai Peninsula Housing Initiatives, Inc., has obtained a conditional use permit to construct one six-plex that has completed. In order to add a second six-plex to the parcel, a conditional use permit must be granted by the City of Kenai Planning and Zoning Commission. The Kenai City Council enacted Ordinance No. 2899-2016 that granted this foreclosed property to Kenai Peninsula Housing Initiatives, Inc. for restricted income and senior housing. The property was no longer needed for a public purpose and the donation was provided benefit to the City. The Quitclaim Deed conveying Lot 1, Kenai Meadows, from the City of Kenai to Kenai Peninsula Housing Initiatives, Inc. contains the following restriction: Page 2 of 5 Per City of Kenai Ordinance 2899-2016, in the event of a land sale, to a for Profit entity, the value of the property shall be reimbursed to the City, if the Sale occurs within twenty (20) years after transfer to Kenai Peninsula Housing Initiatives, Inc. With the addition of the second six-plex, the total square footage of buildings located on the property will be 16, 508 square feet. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 – Development Requirements Table is 15,878 square feet; therefore, the applicant exceeds the maximum lot coverage allowed by approximately 630 square feet. Accordingly, Kenai Peninsula Housing Initiatives, Inc. has also submitted an application for a variance permit. The variance permit is contingent upon approval of the conditional use permit for the additional structure. Application, Public Notice, Public Comment Kenai Municipal Code 14.22.010 – Land Use Table provides that a Six-Family Dwelling Unit is a conditional use. Accordingly, on May 1, 2020, an application for a conditional use permit for a six- family dwelling unit was submitted by Connie Vann, on behalf of Kenai Peninsula Housing Initiatives, Inc. Planning staff reviewed the application and deemed it to be complete. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. 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:  The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The proposed six-unit apartment community meets the intent of KMC14.20.150 and the intent of the RR Zone with respect to the proposed use as a six-unit apartment community, given compliance with the staff recommended specific conditions set forth below. The RR 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 Land Use Table provides that a five or six-family dwelling is a conditional use; therefore, a conditional use permit must be granted to construct the second six unit apartment community (Kenai Meadows Senior Apartments) in this zone. The proposed six-unit apartment community will offer two one-bedroom units and four two-bedroom units. The adjacent parcel also contains two multi-unit structures and is also owned by the applicant. Page 3 of 5 Both parcels front Redoubt Avenue and would not bring heavy traffic into an existing neighborhood.  The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding neighborhood consists of both single-family dwellings and multi-family dwellings. There are currently two larger apartment complexes that front Redoubt Avenue. In addition, there is a detached four-plex located on McKinley Avenue, which is accessed directly off Redoubt Avenue. Kenai Peninsula Housing Initiatives, Inc. has also constructed a six-plex and four-plex on the adjoining Lot 2, Kenai Meadows. The applicant states that an independent market analysis performed by the national firm Novagradac concluded the proposed development will offer value in the market and not negatively impact the surrounding properties.  The proposed use is in harmony with the Comprehensive Plan. The Land Use Plan with the City’s Comprehensive Plan designates this property as Suburban Residential, which provides for single-family and multi-family residential uses that are urban or suburban in character. The Suburban Residential classification provides for areas that will typically be development at a higher density that the Low Density Residential classification. There are three large subdivisions located along Redoubt Avenue; namely, Woodland Subdivision, Inlet View Subdivision, and Mommsen’s Subdivision. The subject lot is larger than a majority of the lots in these subdivisions. The subject lot contains approximately 52,925 square feet, which is much larger than the required minimum lot size of 20,000 square feet as required in the Rural Residential Zoning District. Water and sewer services are available along Redoubt Avenue. Redoubt Avenue provides access to the proposed complex, which is a paved City maintained road.  Public services and facilities are adequate to serve the proposed use. The properties located along Redoubt Avenue have access to City water, City sewer, natural gas, electricity, and telephone services. Redoubt Avenue is a paved road which is maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 12 parking spaces. The attached site plan designates 12 parking spaces for residents and guests of the six-unit apartment community.  The proposed use will not be harmful to the public safety, health or welfare. The use of a six-unit apartment community will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve the six- unit apartment community. The applicant has provided the City with a site plan, which indicates that there will be sufficient parking available for residents and guests of the complex. Access to the complex will be provided by Redoubt Avenue which is a City maintained paved road; therefore, the proposed use will not be harmful to the public safety, health and welfare. Page 4 of 5  Specific conditions deemed necessary. See Conditions of Approval as set forth below. The applicant must obtain a building permit, an approved site plan, and a variance permit prior to construction. 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. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed and approved by the City Planner. 3. Prior to issuance of a Building Permit, a variance permit must be reviewed and approved by the Planning and Zoning Commission. 4. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 5. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 7. The applicant will meet with City staff for on-site inspections when requested. 8. 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). 9. 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. 10. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. ATTACHMENTS A. Resolution No. PZ2020-11 B. Application C. Site Plan Page 5 of 5 D. Map E. Photos Name: Mailing Address: City: Phone Number(s): Email : Name: Mailing Address: City: Phone Number(s): Email : Conditional Use Permit Application Kenai Peninsula Housing Initiatives P.O. Box 1869 Homer State: (907) 235-4335 steven@kphi .net 3330 C St. Anchorage State: (907) 252-2905 sundanz@ptialaska.com Kenai Peninsula Borough Parcel# (Property Tax ID): Physical Address : 2392 Redoubt Avenue Legal Description: Lot 1 , Kenai Meadows Zoning : Rural Resi dential (RR ) Acres: 1.22 acres How is this property currently being used? 6-plex senior housing Conditional Use Requested for (atta ch additional sheets if necessary): Additional 6-plex on the same parcel AK AK 03901063 (? 2 2-tJ2o-f I City o f Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai .city/planning Zip Code: 99603 Zip Code : 99503 Explain how the conditional use is consistent with purposes and intent of the zoning distric t of the property: Expla in how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use : Use of surrounding property -north : Use of surrounding property -south: Use of surrounding property -east: Use of surrounding property -west: Explain how the conditional use is in harmony with the City 's Comprehensive Plan: UA-L-~ ~ w~~ /-A.-~ 5z-i:J LNvb~ ~~~ ~ !AU-~if{~. Are public services and facilities on the property adequate to serve the proposed conditional use? Are there any measures with access, screening, site development, building design, or business operation that will lessen potential impacts of the conditional use to neighbors? ~ ~---17~ vv.u.-vv-17/ 6.e__ ~~ f/V/~~ ~~-- 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 co nditional 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 und erstand that ass igned hearing dates are tentative and may have to be postponed by Pl anni ng Department staff of the Planning and Zoning Commission for administrative reasons . I understand that a site visit may be requ ired to process this application . City of Kenai personnel are authorized to access the above-referenced property for the purpose of p rocessing this application . Signature : Print Name : For City Use Only \....?«. V-..V\ Title/Business : Date Application Fee Received : <:; I\ /'?-O PZ Resolution Number: '\'.' L 0-.0d-O -\ \ 0 I o ~ 0 i 1-------1 ~ ~ 0 0 ~ r-f-1-___,/ I l- a> :::> 0 0 I W I « I . I ' II i I I ~· I 0.. ~ ----------~ _________ _J ~i ,. '!8l2f 1 L -J-1--!!LJ"' .---, ~-----,.-ft i I r-~1~'---' ~ ~ ---, i : " . r--1 g ·:.4_: i • 0 r-~._ _ _, ~ .. ~J IE Parcel 03901063 2392 Redoubt Avenue Lot 1, Kenai Meadows ON JUNCTION1988 ADD'N.1 2 3 TR. A 1 2 (1)(1) 23962398 23941008 2200239223962398239410082390 REDOUBT AVE .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 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