HomeMy WebLinkAboutResolution No. PZ2021-01
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 21, 2021
SUBJECT: Resolution PZ2021-01 – Conditional Use Permit – Eight Additional Dwelling
Units at 1614 2nd Avenue
Applicant: Byler Contracting
PO Box 877750
Wasilla, AK 99687
Legal Description: GL 107, Sec.31, T6N, R11W
Property Address: 1614 2nd Avenue
KPB Parcel No: 04311006
Lot Size: 2.50 (108,900 square feet)
Existing Zoning: Suburban Residential (RS)
Current Land Use: Single Family Dwelling Unit
Land Use Plan: Suburban Residential
GENERAL INFORMATION
A seven or more family dwelling is listed as a conditional use within the Suburban Residential
Zone in Kenai Municipal Code 14.22.010, Land Use Table. The applicant, Byler Contracting, has
submitted an application for a conditional use permit to construct 8 single-family dwelling units in
addition to the existing single-family dwelling unit at 1614 2nd Avenue. In order to construct these
additional units, a conditional use permit, including conditions cited in footnote 3 of the 14.22.010
Land Use Table, must be granted by the City of Kenai Planning and Zoning Commission.
Application, Public Notice, Public Comment
Kenai Municipal Code 14.22.010 – Land Use Table provides that a Seven or More Family Dwelling
is a conditional use. Accordingly, on January 5, 2021, an application for a conditional use permit
Page 2 of 5
for an additional eight single-family dwelling units was submitted by Rob Coreson, on behalf of
Byler Contracting. 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:
Criteria #1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Applicant Response: Offering separate residential structures to follow with the surrounding
area, all parking will be on lot, which should control traffic.
Staff Response: The eight additional proposed single-family unit’s meet the intent of
KMC14.20.150 and the intent of the RS Zone, given compliance with the staff
recommended specific conditions set forth below. The RS Zone is intended to provide for
medium density residential development in areas which will be provided with common
utility systems. The Land Use Table provides that a seven or more family dwelling is a
conditional use; therefore, a conditional use permit must be granted to construct the
additional 8 single family dwelling units in this zone. The proposed construction of the
eight units will offer four 2-bedroom and four 3-bedroom units. Access to the four 2-
bedroom units is via McKinley Street and the four 3-bedroom units are accessed via 2nd
Avenue. Traffic generated from eight single-family units is not anticipated to bring heavy
traffic into an existing neighborhood.
With the addition of the eight single family units, the total square footage of buildings
located on the property will be approximately 14,052 square feet; 12,752 square feet for
the eight new units, plus the approximately 1,300 square feet of the existing single family
dwelling. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 –
Development Requirements Table is 32,670 square feet at 30% maximum coverage,
therefore, the proposed development is well below the maximum lot coverage
requirement.
A conditional use permit for a Suburban Residential District with seven or more family
dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land
use table.
Page 3 of 5
3 Allowed as a conditional use, subject to satisfying the following conditions:
a) The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS Zone;
b) The site square footage in area must be approved by the Commission;
c) Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR Zone;
d) Water and sewer facilities shall meet the requirements of all applicable
health regulations;
e) The proposed dwelling group will constitute a residential area of sustained
desirability and stability, will be in harmony with the character of the
surrounding neighborhood, and will not adversely affect surrounding
property values;
f) The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and
community activities;
g) There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
h) The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
i) The property adjacent to the proposed dwelling group will not be adversely
affected.
Criteria #2: The value of the adjoining property and neighborhood will not be
significantly impaired.
Applicant Response: You will have 8 new homes that should bring the values up on the
surrounding property.
Staff Response: The surrounding neighborhood consists of primarily single-family
dwellings to the north, west, and east, and commercial businesses and a church to the
south, which front on the Kenai Spur Hwy. The applicant states that the proposed
development will offer value in the current market and will not negatively impact the
surrounding properties. Generally speaking, new residential construction of this nature,
tends to increase neighborhood property values.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: It would put in that neighborhood a brand new look with all up to date
finishes. It would increase of said property from $166,000 to Apx $1.5 million.
Staff Response: The Land Use Plan in 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 developed at a higher density than
the Low Density Residential classification.
The subject lot is larger than a typical suburban residential lot. The subject lot contains
approximately 108,900 square feet, which is much larger than the required minimum lot
Page 4 of 5
size of 64,800 square feet required for nine single family dwelling units in the Suburban
Residential district.
Water and sewer services are available along 2nd Avenue and McKinley Street, which are
both paved, City maintained roads.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: There is water + sewer on 2 sides of the property.
Staff Response: The properties located along both 2nd Avenue and McKinley Street have
access to City water, City sewer, natural gas, electricity, and telephone services. 2nd
Avenue and McKinley Street are paved roads which are 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 18 parking spaces. The attached application meets
this requirement by providing a garage and driveway for parking at least two vehicles per
each dwelling unit.
Criteria #5: The proposed use will not be harmful to the public safety, health or
welfare.
Applicant Response: We will be adding 2 drive ways McKinley and 1 new drive way on
2nd Ave, all tenant parking will be on the lot.
Staff Response: The use of an additional eight single family dwelling units will not be
harmful to the public safety, health and welfare. Staff believes that public services are
available to adequately serve this development. The applicant has provided the City with
a draft site plan, which indicates that there will be sufficient parking available for residents
and guests. Access to 4 units will be provided via individual driveways on McKinley Street.
The access to the four remaining units will be provided via a driveway from 2nd Avenue.
Criteria #6: Specific conditions deemed necessary.
Applicant Response: All traffic will be headed to the spur hwy so no tenant traffic should
bother the neighbors. All parking for the tenants will be on the property.
Staff Response: See Conditions of Approval as set forth below. The applicant must obtain
a building permit and an approved site plan 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.
Page 5 of 5
2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed and
approved by the Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
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 yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. 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).
8. 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.
9. 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. PZ2021-01
B. Application
C. Site Plan
D. Map
E. Elevation/Floor Plan Drawings
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR EIGHT ADDITIONAL SINGLE FAMILY
DWELLING UNITS.
APPLICANT: Byler Contracting
REPRESENTATIVE: Rob Coreson
PROPERTY ADDRESS: 1614 Second Avenue
LEGAL DESCRIPTION: GL 107, Sec.31, T6N, R11W
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04311006
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 5, 2021; 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 January 27, 2021, 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;
Critera Met: The eight additional proposed single-family unit’s meet the intent of
KMC14.20.150 and the intent of the RS Zone, given compliance with the staff
recommended specific conditions set forth below. The RS Zone is intended to provide for
medium density residential development in areas which will be provided with common
utility systems. The Land Use Table provides that a seven or more family dwelling is a
conditional use; therefore, a conditional use permit must be granted to construct the
additional 8 single family dwelling units in this zone. The proposed construction of the
eight units will offer four 2-bedroom and four 3-bedroom units. Access to the four 2-
bedroom units is via McKinley Street and the four 3-bedroom units are accessed via 2nd
Avenue. Traffic generated from eight single-family units is not anticipated to bring heavy
traffic into an existing neighborhood.
Resolution No. PZ2021-01
Page 2 of 4
With the addition of the eight single family units, the total square footage of buildings
located on the property will be approximately 14,052 square feet; 12,752 square feet for
the eight new units, plus the approximately 1,300 square feet of the existing single family
dwelling. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 –
Development Requirements Table is 32,670 square feet at 30% maximum coverage,
therefore, the proposed development is well below the maximum lot coverage
requirement.
A conditional use permit for a Suburban Residential District with seven or more family
dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land
use table.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a) The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS Zone;
b) The site square footage in area must be approved by the Commission;
c) Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR Zone;
d) Water and sewer facilities shall meet the requirements of all applicable
health regulations;
e) The proposed dwelling group will constitute a residential area of sustained
desirability and stability, will be in harmony with the character of the
surrounding neighborhood, and will not adversely affect surrounding
property values;
f) The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and
community activities;
g) There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
h) The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
i) The property adjacent to the proposed dwelling group will not be adversely
affected.
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 primarily single-family dwellings
to the north, west, and east, and commercial businesses and a church to the south, which
front on the Kenai Spur Hwy. The applicant states that the proposed development will offer
value in the current market and will not negatively impact the surrounding properties.
Generally speaking, new residential construction of this nature, tends to increase
neighborhood property values.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan in 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
Resolution No. PZ2021-01
Page 3 of 4
classification provides for areas that will typically be developed at a higher density than
the Low Density Residential classification.
The subject lot is larger than a typical suburban residential lot. The subject lot contains
approximately 108,900 square feet, which is much larger than the required minimum lot
size of 64,800 square feet required for nine single family dwelling units in the Suburban
Residential district.
Water and sewer services are available along 2nd Avenue and McKinley Street, which are
both paved, City maintained roads.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along both 2nd Avenue and McKinley Street have
access to City water, City sewer, natural gas, electricity, and telephone services. 2nd
Avenue and McKinley Street are paved roads which are 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 18 parking spaces. The attached application meets
this requirement by providing a garage and driveway for parking at least two vehicles per
each dwelling unit.
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 an additional eight single family dwelling units will not be harmful
to the public safety, health and welfare. Staff believes that public services are available to
adequately serve this development. The applicant has provided the City with a draft site
plan, which indicates that there will be sufficient parking available for residents and guests.
Access to 4 units will be provided via individual driveways on McKinley Street. The access
to the four remaining units will be provided via a driveway from 2nd Avenue.
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 below. The applicant must obtain a building permit
and an approved site plan prior to construction.
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 Byler Contracting for the use of an
additional eight residential single-family dwelling units on GL 107, Sec.31, T6N,
R11W located at 1614 Second Avenue.
Section 2. That the conditional use permit is subject to the following conditions:
Resolution No. PZ2021-01
Page 4 of 4
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 Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC
14.22.010 Land use table must be reviewed and approved by the Planning Director.
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 yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. 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).
8. 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.
9. Failure to provide documentation to the City for meeting these conditions 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 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
GL 107, Sec.31, T6N, R11W1614 2nd AvenueParcel 0431100 6
N GILL STTHIRD AVE
HALLER STSECOND AVE MCKINLEY STKENAI SPUR HWY COOLIDGE LNTANAGA AVE
S GILL STGRANT PLEADIES WAYKOA CIRHAIDA DRWESBET CT
COTTONWOOD CIR
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 16080 Feet
LEGEND
Su bject Parcel
Date: 1/22/2021