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HomeMy WebLinkAboutResolution No. PZ2020-35CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2020-35 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR TWO, TWO UNIT TOWNHOUSES AND ONE THREE UNIT TOWNHOUSE. ' APPLICANT: Kenai Landing, Inc. REPRESENTATIVE: Jonathan Faulkner and Steve Agni PROPERTY ADDRESS: 2101 Bowpicker' Lane LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages 049-101-23; 049-101-23C012 KENAI PENINSULA BOROUGH PARCEL NUMBER: 049-101-23; 049-101-23C012 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on October 28, 2020 along with additional supplemental information submitted at later dates; 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 Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 9, 2020, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications; and, 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; Criteria Met: The proposed townhouses meet the intent of KMC14.20.150 and the intent of the IH Zone with respect to the proposed use, given compliance with the staff recommended specific conditions set forth in KMC 14.20.160. The use is compatible with the designated principal uses in the IH zone given that this is a commercial condominium association on a 50 acre tract and neighboring unit developments are compatible. The IH Zone is intended to provide for a broad range of industrial and commercially uses. Conditional uses may be allowed as provided in the land use table, which townhouses are one of the allowed conditional uses. The proposed conditional use is compatible with adjacent uses on the 50 acre tract, specifically including the Cannery Lodge. Additionally, the large tract is controlled by the condominium association which can control adjacent uses which may otherwise be problematic in the IH zone. Resolution No. PZ2020-35 Page 2 of 6 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The surrounding uses on Tract A include the Cannery Lodge, and harbor and cannery facilities. The adjoining property and neighborhood value will not be negatively impaired by the development of 7 townhouses in the area. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The construction of townhouses in this area meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. The proposed townhouses will provide an opportunity for new residents and visitors to stay in Kenai, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai total 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use, will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. Public and private services are adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landing's waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. Resolution No. PZ2020-35 Page 3 of 6 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 below. WHEREAS, the Planning and Zoning Commission additionally finds the requirements of 14.20.160 Townhouses are met: 1. The development conforms with the adopted comprehensive plan. See finding 3 above. 2. Public Services and facilities are adequate to serve townhouse development. See finding 4 above. 3. Health, Safety and Welfare will not be jeopardized by the proposed development. See finding 5 above. 4. Standards for townhouse development are satisfied as required in this section. a. The proposed development shall meet the applicable processing conditions specified in the conditional use permit section. This requirement is met. b. A detailed development plan shall be submitted including a site plan drawn to scale. The site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts, and open space areas, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with such information as the Commission shall require; The applicant has submitted a site plan to include two, two unit townhouses and one three unit townhouse. The material submitted by the Kenai Landing includes topography and drainage of the area with a plan to direct drainage to a ten acre on-site wetlands to the West Northwest of the development area. General plans submitted include the location of the proposed buildings, open areas, circulation patterns, ingress and egress points, the units will have garages for parking, and general floor plans options are provided. The commission may request Kenai Landing to provide updated documents as they become available. c. Not more than six (6) contiguous townhouses shall be built in a row with the same or approximately the same front line and not more than twelve (12) townhouses shall be contiguous. Resolution No. PZ2020-35 Page 4of 6 Kenai Landing is only proposing to build 2 and 3 contiguous townhouses in this phase of the project. d. Separation requirement: One series of townhouses shall not be located closer than fifteen feet (15') to another series of townhouses or any accessory structure within the townhouse development. The proposed townhouse series will not be closer than 15 feet to each other. e. Minimum lot width for an individual townhouse is twenty-four feet (24'). The development will meet this requirement. Meeting this width criteria will be required nonetheless as the project is developed and the applicant is aware of this requirement. f. Minimum lot area for each townhouse unit shall be two thousand (2,000) square feet and subject to the following: (A) The total building coverage in the R, RR, RR1, RS, RS1, RS2, RU, and TSH zones shall be determined by the Development Requirements Table of KMC Title 14. The total building coverage in the IL, IH, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05.010. (Ord. 1767-97) (B) The lot area may include a portion of the undivided common area. Kenai Landing indicates it will meet the minimum lot area and building coverage. Because this is in the IH zone, the building inspector will determine the total building coverage based on the Uniform Building Code. Meeting this criteria will be a condition of the conditional use permit along with other criteria. g. Two hundred (200) cubic feet of covered storage space shall be provided exclusive of the living area of the unit, unless a garage is provided as a part of the townhouse unit. Each townhouse as proposed will have its own garage. h. The developer or subdivider of any townhouse development including common open area, property, or amenities, shall have evidence that compliance with the Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units; Kenai Landing must provide evidence of this requirement prior to sale of any townhouse dwelling unit. i. All areas · not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. Pursuant to KMC Chapter 14.25 Landscaping/ Site Plan Regulations a landscaping and site plan will be required for this multifamily development in the heavy industrial zone. Resolution No. PZ2020-35 Page 5 of 6 j. The standards se't forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. This will be a requirement included in the 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 Kenai Landing Inc., for the use of a two, two dwelling unit town houses and one three dwelling unit townhouse as proposed in its application on Tract A, Kenai Landing Cottages 049-01-23; 049-01-23C012 Section 2. That the conditional use permit is 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 Buildin g Permit. a landscape/site plan must be reviewed and approved by the City Planner. 3. Prior to be g innin g construction of the pro ject. a building permit must be issued by the Building Official for the City of Kenai. 4. All criteria of KMC 14.20.160 -Townhouses must be met, with updated documents provided to the City as they become available. 5. Prior to the sale of an y of the units, evidence must be provided that the developer is in compliance with the Uniform Common Interest Ownership Act, AS 34.08. 6. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31 51 day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. 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). 10. 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. 11. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Resolution No. PZ2020-35 Page 6 of 6 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of December, 2020. AIT, CHAIRPERSON ATTEST: Cily of Kenai I 210 !=idalgo Ave, Kenai, AK 996ll-n94 I 907.283.7535 I www.kenai.cily STAFF REPORT TO: Planning and Zoning Commission FROM: Scott Bloom, City Attorney DATE: December 3, 2020 SUBJECT: PZ2020-35 -Conditional Use Permit -Kenai Landing Applicant: Kenai Landing, Inc. 2101 Bowpicker Kenai, Alaska 99611 Legal Description: Tract A, Kenai Landing Cottages KPB Parcel #'s 049-101-23; 049-101-23C012 Property Address: 2101 Bowpicker Lot Size: Tract A -50 Acres (project to be Approximately 1 Acre) Existing Zoning: Heavy Industrial Current Land Use: Mostly Vacant and Unoccupied/ Cannery Lodge Land Use Plan: Industrial GENERAL INFORMATION Kenai Landing, Inc. (Kenai Landing) has applied for a conditional use permit to develop a portion of its 50 acre tract along the Kenai River into townhouses. The first phase of development applicable to this application includes two, two unit townhouses and one three unit townhouse. This development will require a future modification to Kenai Landing's Uniform Common Ownership Act filings prior to any sales. This tract is currently developed as a condominium association, and each townhouse is proposed to be located on its own unit. Townhouses are allowed by conditional use in the Heavy Industrial Zone. This area has seen changes recently with the development of the Cannery Lodge and removal of cannery infrastructure. Approval of the application requires the applicant to meet both the criteria for a conditional use permit and townhouse development. A pp lication , Public Notice . Public Comment An application for a Conditional Use Permit was initially received October 28, 2020 and administration has worked with the applicant to provide supplemental information. 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. ANALY SIS Kenai Landing must meet both the criteria for townhouses as provided in KMC 14.20.160 and conditional use permits as provided in KMC 14.20.150(d). Kenai Munici pal Code 14.20.160 -Townhouses Townhouses may be permitted provided they meet the following conditions: 1. The development conforms with the adopted comprehensive plan. The construction of townhouses in this area likely meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. These proposed townhouses will likely provide an opportunity for new residents and visitors to stay in our community, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai totals 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use, will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area. 2. Public Services and facilities are adequate to serve townhouse development. Public and private services appear adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landing's waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Page 2 of 7 The City ~ai I www.kenai.city ~ Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line. 3. Health, Safety and Welfare will not be jeopardized by the proposed development. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. 4. Standard for townhouse development are satisfied as required in this section. The standards for townhouse development are discussed in detail below. 5. Any and all specific conditions deemed necessary by the Commission to fulfill the above mentioned conditions shall be met by the applicant. · Administration does not have any recommendations for the Commission other than all the conditions and criteria for townhouse development must be met along with other applicable sections of Kenai Municipal Code related to development and construction of this project. Townhouse are additionally subject to the following standards: 1. The proposed development shall meet the applicable processing conditions specified in the conditional use permit section. This is discussed below in the Conditional Use Section analysis. 2. A detailed development plan shall be submitted including a site plan drawn to scale. The site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts, and open space areas, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with such information as the Commission shall require; The applicant has submitted a site plan to include two, two unit townhouses and one three unit townhouse. The material submitted by the Kenai Landing includes topography and drainage of the area with a plan to direct drainage to a ten acre on-site wetlands to the West Northwest of the development area. General plans submitted include the location of the proposed buildings, open areas, circulation patterns, ingress and egress points, the units will have garages for parking, and general floor plans options are provided. The commission may request Kenai Landing to provide updated documents as they become available. 3. Not more than six (6) contiguous townhouses shall be built in a row with the same or approximately the same front line and not more than twelve (12) townhouses shall be contiguous. Page 3 of 7 The City ~ai I www.kenai.city ~ Kenai Landing is only proposing to build 2 and 3 contiguous townhouses in this phase of the project. 4. Separation requirement: One series of townhouses shall not be located closer than fifteen feet (15') to another series of townhouses or any accessory structure within the townhouse development. It does not appear that the proposed townhouse series will be closer than 15 feet to each other. 5. Minimum lot width for an individual townhouse is twenty-four feet (24') It appears the development will meet this requirement. Meeting this width criteria will be required nonetheless as the project is developed and the applicant is aware of this requirement. 6. Minimum lot area for each townhouse unit shall be two thousand (2,000) square feet and subject to the following: (A) The total building coverage in the R, RR, RR1, RS, RS1, RS2, RU, and TSH zones shall be determined by the Development Requirements Table of KMC Title 14. The total building coverage in the IL, IH, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05.010. (Ord. 1767-97) (B) The lot area may include a portion of the undivided common area. Kenai Landing indicates it will meet the minimum lot area and building coverage. Because this is in the IH zone, the building inspector will determine the total building coverage based on the Uniform Building Code. Meeting this criteria will be a condition of the conditional use permit along with other criteria. 7. Two hundred (200) cubic feet of covered storage space shall be provided exclusive of the living area of the unit, unless a garage is provided as a part of the townhouse unit. Each townhouse as proposed will have its own garage. 8. The developer or subdivider of any townhouse development including common open area, property, or amenities, shall have evidence that compliance with the Uniform Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units; Kenai landing is aware of this requirement, and it will be a condition of the conditional use permit. 9. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. Administration is unaware of Kenai Landings landscaping plans, but pursuant to KMC Chapter 14.25 Landscaping/ Site Plan Regulations a landscaping and site plan will be required for this multifamily development in the heavy industrial zone. Page4 of 7 The City ~ai I www.kenai.city ~ 10. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. This will be a requirement included in the conditional use permit. 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 townhouses meet the intent of KMC14.20.150 and the intent of the IH Zone with respect to the proposed use, given compliance with the staff recommended specific conditions set forth in code above. The use is compatible with the designated principal uses in the IH zone given that this is a commercial condominium association on a 50 acre tract and existing neighboring unit developments. The IH Zone is intended to provide for a broad range of industrial and commercial uses. Conditional uses may be allowed as provided in the land use table, which townhouses are one of the all.owed conditional uses. The proposed conditional use is compatible with adjacent uses on the 50 acre tract, specifically including the Cannery Lodge. Additionally, the large tract is controlled by the condominium association which can control adjacent uses which may otherwise be problematic in the IH zone. • The value of the adjoining property and neighborhood will not be significantly impaired. The surrounding uses on Tract A include the Cannery Lodge, and harbor and cannery facilities. The adjoining property and neighborhood value will not be negatively impaired by the development of 7 town houses in the area. • The proposed use is in harmony with the Comprehensive Plan. The construction of townhouses in this area likely meets goals 1, 2 and 3 of the comprehensive plan by promoting and encouraging quality of life in Kenai, providing economic development elements to support fiscal health, and using land use strategies to implement a forward looking approach to community growth. These proposed townhouses will likely provide an opportunity for new residents and visitors to stay in our community, supporting economic development. As industrial uses of this area have diminished with the removal of aging cannery infrastructure, taking advantage of the waterfront location for townhouse development, like the development of the Cannery Lodge, supports community growth and development. The Comprehensive Plan provides that existing industrial uses in Kenai totals 850 acres, with another 320 acres of vacant industrial land. The current economic outlook does not indicate a demand for large industrial sites in the near future according to the Plan. The Plan notes that the decline in commercial fishing has affected operations of some fish processing plants. It appears Page 5 of 7 The City ~ai I www.kenai.city ~ there is sufficient industrial land in the City to accommodate a transition to residential uses in this area. Further, redevelopment of this area, consistent with the Cannery Lodge use, will not unduly restrict opportunities for future industrial land uses. Like the Cannery Lodge, it appears this development is compatible with the historic marine industrial use of the area. • Public services and facilities are adequate to serve the proposed use. Public and private services appear adequate to serve this proposed 7 unit townhouse development. The location of these townhouses is the same as the location of the former Sockeye Restaurant and Event Facility that was permitted by DEC to serve hundreds of customers a day. The applicant provides that infrastructure including water, waste, gas, electric, phone, and ingress and egress are all available. Kenai Landings waste water plant is permitted to receive 12,000 gallons of water per day according to the applicant. Tract A is within a commercial condominium association that provides road maintenance, management and landscaping services to unit owners. The City provides, emergency medical, fire and police response to the area. Both the Police Chief and Fire Chief believe adequate services can be provided to the area to accommodate the 7 unit townhouse development. Public road maintenance is provided to the property line. • The proposed use will not be harmful to the public safety, health or welfare. The development of 7 townhouse units in this area does not appear to jeopardize the health, safety or welfare of our community. The development should attract residents and visitors to the area in small numbers. With adequate police, fire and emergency medical response available, along with water and waste water, health, safety and welfare should not be impacted. • Specific conditions deemed necessary. See Conditions of Approval as set forth below. The applicant must obtain a building permit, an approved site and landscaping plan, and a building 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 beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. Page 6 of 7 The City ~ai I www.kenai.city ~ 4. All criteria of KMC 14.20.160 -Townhouses must be met, with updated documents provided to the City as they become available. 5. Prior to the sale of an y of the units, evidence must be provided that the developer is in compliance with the Uniform Common Interest Ownership Act, AS 34.08. 6. A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.1 SO(i)(S). 10. 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. 11. 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. PZ2020-35 B. Application C. Site Plan D. Drainage Plan E. Aerial Map F. Floor Plans G. Correspondence Page 7 of 7 The City ~ai I www.kenai.city ~ To: From: Re: Date: Paul Ostrander, City Manager, City of Kenai Jon Faulkner, Pres., KU Homeport Conditional Use Application October 28, 2020 City Manager Ostrander: Attached is Kenai Landing lnc.'s (KU) Conditional Use Application for Phase I of our proposed Homeport project. The application is consistent with our Initial discussions in terms of purpose and scale but represents a single CUP application with a request for a single variance, as explained further below. The single CUP application seeks to permit zero lot line development in Phase One, consisting of six attached zero lot line dwelling units under Chapter 14.20.161 Zero Lot Line Developments. Two of these units will be in a duplex configuration and four units will be within an attached 4-plex Town home configuration. The variance we seek relates to the limitation in an IH zone that allows only "one single family residence per parcel, which is part of the main building." (See 14.22 "Land Use Tablen, footnote #2 relating to residential in an IH zone). The variance requests permission to build one detached, single family residence on Unit 4, which is a proposed new unit in Phase One. We believe the variance is critical to achieving market success in Phase One, but also that the variance is minimal in scale (one unit), and in impact, (essentially none relative to the accompanying CUP) and wholly consistent with other standards to be applied to this project- Including the Comprehensive Plan. City code anticipates Single Family Residential in the IH zone in higher densities, and yet to achieve architectural mix and distinction, KLI belleves the variance is critical to the project's overall goals. Our prior correspondence has touched on the relevant Planning and Zoning codes which will apply to this project, notably Chapters 14.20.161 "Zero Lot Line Developments" and Chapter 14.22 "Land Use Table". With more than three zero lot line units proposed, City code requires that KU conform to Chapter 14.20.160 Townhomes, and thus we concluded that the four-plex townhome configuration aligns better with our Phase One objectives. Finally, KLI is not seeking a PUD at this time, although we realize it may be necessary or desirable in the future. Thus, the level of supporting documentation to this CUP application is scaled accordingly. However, we stand ready to work with you and staff to submit all and any additional information required to process the application and request for variance. 'ncerely, ~ n Faulkne (President, KU - Name: Mailing Address: Phone Number(s): Email: Name: Mailing Address: Phone Number(s): Email: Conditional Use Permit Application Kenai Peninsula Borough Parcel # (Property Tax ID): Physical Address: Legal Description: Zoning: Acres: How Is this property currently being used? Conditional Use Requested for (attach additional sheets if necessary): City of Kenai Planning and Zoning Department 210 Fldalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning State: l'I Zip Code: ~ 9 '-! / State: A-K Zip Code: 9 .,~. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Explain 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: Explain how the conditional use is in harmony with the City's Comprehensive Plan: Are public services and facilities on the property adequate to serve the proposed conditional use? Explain how the conditional use will not be harmful to public safety, health, or welfare: 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? 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. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: Print Name: For City Use Only Addendum to Conditional Use Permit Application 1} This Conditional Use is requested for the following purpose: Answer: KU is applying for this CUP in order to develop its real estate holdings In an economically sound, responsible, and legally compliant manner. The city of Kenai's Zoning code permits KLl's proposed development as a conditional use. 2) How Is Conditional Use consistent with purposes and intent of the zoning district of the property? Answer: On Tract A, the purpose and intent of the zoning district was Influenced by the historical presence of commercial fish processing that pre-dated the incorporation of the city of Kenai. Residential living is entirely consistent with this historic use. Presently, the IH zone accommodates a range of uses, including residential, many of which uses overlap with other "lighter impact" zones. Notably, the CUP application impacts a very small percentage of Tract A and is in harmony with the several conditional uses issued by the City of Kenai to KU that exist now on the property. Finally, the Intent of any zooming district is to encourage sound economic development, and in spite of significant efforts and investment, the owners have not found market demand for commercial fish processing or other marine repair or industrial uses for this property. 3) How will the value of adjacent property and neighborhoods not be impaired by the conditional use? Answer: Cannery Lodge-a successful lodging and event venue, resides on Tract A. The owner, Ron Hyde, is supportive of residential development as the least likely use to impair the value of his Investment-and the most likely to enhance it-especially when compared to other PERMITTED uses that are allowed in the IH zone. This project is in keeping with the predominant land use patterns in the surrounding area. 4} How is this CUP application in harmony with the city's Comprehensive Plan? Answer: 'The Comprehensive Plan recognizes a history of mixed use on Tract A, a significant component of which Is seasonal residential lodging for cannery workers. The Comprehensive Plan is concerned greatly with harmony of adjacent uses and this CUP application advances that objective. Finally, it brings valuable land into productive use, in a manner than could reflect its highest and best economic use. 5) Are public services on the property adequate to service the needs of the proposed Conditional Use? Answer: Yes. Tract A is within a commercial condominium, which provided water, waste, road maintenance and other services to Unit owners. Thus, a combination of both public and private services offered through the Commercial Condominium Association create an adequate base of service. 6) Explain how the conditional use will not be harmful to the public's health, safety and welfare. Answer: There are no elements of the conditional use which are deemed harmful to the public's health, safety and welfare-certainly none that increase risks over other viable competing uses. Harmful effects simply reflect those associated with living in a residential, mixed use, waterfront environment. 7) Are there any measures with access, screening, site development, building design or site operation that will lessen potential impacts of the conditional use on neighbors? Answer: Perhaps, yes. The Phase One access road abuts Cannery Lodge and will require a retaining wall about four feet tall with fencing to mitigate visual impacts. 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(/) ~ <t: ~ w~ _,..""!'"-·::-.. •• ·rri ti!il ('I') ••• 1 ~%~~ .... 0 r.'/ ~·-... ~Q • f·~ ¥i\ "i" ... ic a c!< ('I') !'o• Jit ~-j·~I g§ g~ z~ <( \i.~ .41 ma~i I "'~ ~~ ~~ ~w w .,,, mm 1i l~h I w I~ 1 rn N z 0 ~ > w ...J w I- (/) w s Wilma Anderson From: Sent: To: Subject: Please include this email. Scott Bloom Thursday, December 3, 2020 11 :52 AM Wilma Anderson FW: CUP Application From: Jonathan Faulkner <landsendjdf@gmall.com> Sent: Monday, November 9, 2020 1:18 PM To: Paul Ostrander <postrander@kenai.city> Cc: steve agni <akstevea@hotmarl.com>; Scott Bloom <sbloom@kenai.city>; Wilma Anderson <wanderson@kenai.city> SUbject: Re: CUP Application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Paul: Yes, thank you for the prompt. Please regard this as fonmal notification of amendment to our Homeport CUP application dated October 28, 2020. Neither the total number of units nor the footprint of Phase One will change. However, KU withdraws Its request for a variance for a single family detached residence on Unit 4, due to limitations imposed by Kenai's code. Proposed Unit 20 will be reduced In size to accommodate three units (units 3,4,S) and Proposed Unit 21 will increase accordingly to accommodate a duplex zero-line line {units 6 & 7). Please let me know if this is sufficient notice to amend the application or if you require more. As discussed, KU will consider a PUD as a means of implementing the detached models we hope to Introduce. Jon Faulkner, Pres., KU On Mon, Nov 9, 2020 at 11:30 AM Paul Ostrander <postrander@kenai.city > wrote: Jon, Based on our conversation last week, I am still anticipating that I will receive an email from you requesting changes to your application. Thanks, Paul From: Jonathan Faulkner <landsend jdf@g mail.com > Sent: Thursday, October 29, 2020 9:30 PM To: Wilma Anderson <wanderson @kenai.cit y>; Paul Ostrander <postrander@kenai.city> Subject: CUP Application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Ms. Anderson: Thank you for meeting me today. Attached is a digital version of the CUP application submitted today. Please feel free at any time to request additional information that you feel will help advance your understanding and evaluation of our application. Whenever you feel it is timely or appropriate, I'm happy to present a comprehensive visual presentation of our proposed project to you or to the Planning Commission or City Council. Jon Faulkner, KU Wilma Anderson From: Scott Bloom Sent To: Thursday, December 3, 2020 11 :SO AM Wilma Anderson Subject: FW: Homeport CUP Please include this email. From: Jonathan Faulkner <landsendjdf@gmail.com> Sent: Wednesday, December 2, 2020 12:54 PM To: Scott Bloom <sbloom@kenai.city> Cc: Wilma Anderson <wanderson@kenai.city>; steve agnl <akstevea@hotmail.com> SUbject: Homeport CUP CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Scott: This is the first of three emails we'll send today, the next to include our proposed floorplans and the final a drainage plan with topographic rendering (which will come from Steve Agni) The following is responsive to you r request for additional documentation on specific elements of our Homeport Phase One application. KLI believes the standards of 14.20.160 Townhomes should apply to the minimum lot width and lot sizes of all proposed seven units within Phase One, as Units 20, 21 and 22 reflect those standards, and it is our intent to implement a Town home style development. It appears that 14.20.161(b)(2) actually dictates this approach, since Phase One consists of "three or more units 11 • Practically speaking, KLl's Phase One seeks to implement the Townhome model development, but with reasonable caution. Thus, it is primarily the limits imposed by the new project, conforming to existing boundaries, and the need for diversity in scale and pricing, and for reduced risk---that the duplex designs on Units 12(a) and 12(b), and Units 23 and 24 (which are smaller In scale) are utlllzed. KU believes their smaller physical size, (similar to duplex zero-lot lines) should not preclude them from treatment under 14.20.160, since they belong to a larger development of a Townhome character. The only difference being that they are only two units per building and not three or more. In all other respects, they will appear similar. If the Commission requires that 14.20.161 Zero lot line development controls the min imum lot wi dths a nd coverage ratios of all but Units 20-22, then KLI offers the following (2) Public services and facilities are adequate to serve the zero lot line development; Please see the statement sent yesterday on this same topic. I Page 50 I (3) Minimum lot width for an individual zero lot line development shall be forty feet (40'); Clarification is required as to how lot width is calculated. KU advocates that the traditional standard of measuring average lot width (as taken from the middle of the lot and not the frontage width abutting the right of way} should be the applicable standard. Unit 12 is now approximately 106' wide, which KU will bi-sect as closely as possible to create 12(a) and 12(b). The new, angled lot line is necessary to optimize viewscapes and to maintain legal access to 12(a), but access can be created via easement. The point being that 12(b} illustrates the importance of how lot width is measured. If the standards of 14.20.161 are applied, the minimum lot widths of Units 23 & 24 would need to increase by 10-14' over their present configuration. (4) Minimum lot area for each zero lot line development unit shall be four thousand five hundred (4,500) square feet. The total building coverage shall not exceed forty percent (40%) of the lot area. Again, KU believes the clear intent of 14.20.161 is to defer to the more relaxed standards of 14.20.160 when overall project goals depend upon the densities and character implicit in Townhome developments-- as Homeport does. See 14.20.161(b)(2). However, with small adjustments, KLI can meet the 4,500 sq.ft lot minimum and 40% lot coverage requirements of 14.20.160. Units 12(a} and 12(b) are close to or over 4,500 sq.ft. each while Units 23 and 24 would need to double in size to achieve the minimum requirement under this section. In summary, KLl's Homeport development seeks approval of Phase One as Townhomes, however, we can meet the standards of the Zero-Lot line ordinance if that proves necessary Please let me know if additional information is needed in preparation of your staff report. Jon Faulkner Wilma Anderson From: Sent: To: Subject: Attachments: Scott Bloom Thursday, December 3, 2020 11 :SO AM Wilma Anderson FW: KU Townhomes, Drainage scan.pdf Please include the attachment and email. From: steve agni <akstevea@hotmail.com> Sent: Thursday, December 3, 2020 9:09 AM To: Scott Bloom <sbloom@kenai.city>; Jonathan Faulkner <landsendjdf@gmail.com> Subject: KLI Townhomes, Drainage CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Mr. Bloom Jon informs me that you have requested a drainage plan to accompany the Conditional Use application for the Kenai Landing Town homes Please find the attached plan here. The basic and very feasible intent is to direct drainage to an area of about ten acres of on-site wetlands to the West Northwest of the development area. Hope this provides what you need. You can call me with any questions thanks Steve Agni (907) 229 0583 For Kenai Landing From: DMI <kenaisubway@gci.net > Sent: Wednesday, December 2, 2020 11:51 PM To: akstevea @hotmail.com <akstevea @hotmail.com > Subject: