HomeMy WebLinkAboutResolution No. PZ2021-05x
K~NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-05
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR BREEDING AND SALE OF DOGS.
APPLICANT: Laura Pabst
PROPERTY ADDRESS: 140 Richfield Drive
LEGAL DESCRIPTION: Lot 4, Block 6, Valhalla Heights Subdivision Part 5
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04932020
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on February 7, 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 March 10, 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 proposed commercial kennel meets the intent of the Rural Residential
Zone (RR) to provide for low density residential development in outlying and rural areas
in a form which creates a stable and attractive residential environment. The specific intent
in establishing this zone is:
(1) To separate residential structures to an extent which will:
a. Preserve the rural, open quality of the environment;
b. Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
a. Violate the residential character of the environment;
b. Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2021-05
Page 2 of 3
The Land Use Table provides that commercial kennels are a conditional use; therefore, a
conditional use permit must be granted to allow the breeding and sale of dogs. The
applicant has provided a site plan that indicates that the outside areas where dogs would
be located is completely fenced. The layout of the property is such that a kennel would
not violate the neighborhood character of surrounding parcels, as there is sufficient space
to accommodate the kennel.
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 is comprised of single family dwellings and
vacant lots. The parcel is surrounded by trees on the South and West boundaries and
Richfield Drive lies to the East of the property. The lots to the South and West of the parcel
are currently vacant. The tree line should serve as a buffer for any potential noise from
the dogs.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. The applicant states that
the primary purpose for breeding dogs is to improve the breed standard. The sale of any
puppies is secondary. The applicant stated that she will be occasionally breeding dogs
with potential for improving the breed standard. Given that scenario, it is determined that
the dog breeding will not impair the quality of life within the neighborhood.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along Richfield Drive are served by private wells and
septic systems, and have access to natural gas, electricity and telephone services.
Richfield Drive is a gravel road which is maintained by the City of Kenai. The operation of
a commercial kennel would not have an impact on these services.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: A commercial kennel will not be harmful to the public safety, health and
welfare. The applicant has provided a site plan that indicates that the outside areas where
dogs would be located is completely fenced and that dogs are never left unattended
outside.
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.
Resolution No. PZ2021-05
Page 3 of 3
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 Laura Pabst for the breeding and sale of
dogs on Lot 4, Block 6, Valhalla Heights Subdivision Part 5 located at 140 Richfield
Drive.
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 operation, the applicant must obtain a commercial kennel license from Animal
Control, pursuant to Kenai Municipal Code 3.05.10(7)(A).
3. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
4. The applicant will meet with City staff for on-site inspections when requested.
5. 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).
6. 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.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
th is 10th day of March , 2021.
IT, CHAIRPERSON
ATTEST:
JAMI ~~
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: March 3, 2021
SUBJECT: PZ2021-05 – Conditional Use Permit – Breeding and Sale of Dogs
Applicant: Laura Pabst
140 Richfield Drive
Kenai, Alaska 99611
Legal Description: Lot 4, Block 6, Valhalla Heights Subdivision Part 5
Property Address: 140 Richfield Drive
KPB Parcel No: 04932020
Lot Size: .44 Acres (19,166 square feet)
Existing Zoning: Rural Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Suburban Residential
GENERAL INFORMATION
The applicant would like to breed and sell dogs from her residence located at 140 Richfield Drive.
The residence is located in the Rural Residential zone. Kenai Municipal Code 14.22.010 – Land
Use Table provides that a commercial kennel is a conditional use; therefore, the property owner
has submitted an application for a Conditional Use Permit. Kenai Municipal Code 3.05 General
Provisions – “Kennel, commercial” means premises where four (4) or more dogs over four (4)
months of age are owned, kept, boarded, bred and/or offered for sale. Accordingly, the applicant
has also submitted an application for a commercial kennel permit to Animal Control. JJ
Hendrickson, Animal Control Officer, is in the process of reviewing the application.
Application, Public Notice, Public Comment
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
Page 2 of 4
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: We are a small show kennel. Dogs are titled and some are in the
top 20 for their breeds in the USA. We have occasional litters from 100% health tested
parents. We are not a big breeding facility breeding for prophet.
Staff Response: The proposed commercial kennel meets the intent of the Rural
Residential Zone (RR) to provide for low density residential development in outlying and
rural areas in a form which creates a stable and attractive residential environment. The
specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
a. Preserve the rural, open quality of the environment;
b. Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
a. Violate the residential character of the environment;
b. Generate heavy traffic in predominantly residential areas.
The Land Use Table provides that commercial kennels are a conditional use; therefore, a
conditional use permit must be granted to allow the breeding and sale of dogs. The
applicant has provided a site plan that indicates that the outside areas where dogs would
be located is completely fenced. The layout of the property is such that a kennel would
not violate the neighborhood character of surrounding parcels, as there is sufficient space
to accommodate the kennel.
Criteria #2: The value of the adjoining property and neighborhood will not be
significantly impaired.
Applicant Response: We make sure our dog areas are clean and if the dogs start to bark
they are brought in. There is a tree line on 2 sides of our house and a road on one side.
Page 3 of 4
Staff Response: The surrounding neighborhood is comprised of single family dwellings
and vacant lots. The parcel is surrounded by trees on the South and West boundaries and
Richfield Drive lies to the East of the property. The lots to the South and West of the parcel
are currently vacant. The tree line should serve as a buffer for any potential noise from
the dogs.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: We are not in conflict of any City Plans.
Staff Response: The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. The applicant states that
the primary purpose for breeding dogs is to improve the breed standard. The sale of any
puppies is secondary. The applicant stated that she will be occasionally breeding dogs
with potential for improving the breed standard. Given that scenario, it is determined that
the dog breeding will not impair the quality of life within the neighborhood.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: The utilities at the residence are enough for our program. We are not
“open to the public”. Our dogs can be seen at training classes, shows, trials and at my job
at Soldotna Animal Hospital.
Staff Response: The properties located along Richfield Drive are served by private wells
and septic systems, and have access to natural gas, electricity and telephone services.
Richfield Drive is a gravel road which is maintained by the City of Kenai. The operation of
a commercial kennel would not have an impact on these services.
Criteria #5: The proposed use will not be harmful to the public safety, health or welfare.
Applicant Response: Our dogs are all well trained and socialized. We train in and teach
classes with the Kenai Kennel Club. Our dogs have been used for deminstrations at these
classes.
Staff Response: A commercial kennel will not be harmful to the public safety, health and
welfare. The applicant has provided a site plan that indicates that the outside areas where
dogs would be located is completely fenced and that dogs are never left unattended
outside.
Criteria # 6: Specific conditions deemed necessary.
Applicant Response: Our dogs have large fenced areas for exercise and are never left
unattended.
Staff Response: See Conditions of Approval as set forth below.
Page 4 of 4
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 operation, the applicant must obtain a commercial kennel license from Animal
Control, pursuant to Kenai Municipal Code 3.05.10(7)(A).
3. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
4. The applicant will meet with City staff for on-site inspections when requested.
5. 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).
6. 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.
ATTACHMENTS
A. Resolution No. PZ2021-05
B. Application
C. Site Plan
D. Aerial Map
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-05
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR BREEDING AND SALE OF DOGS.
APPLICANT: Laura Pabst
PROPERTY ADDRESS: 140 Richfield Drive
LEGAL DESCRIPTION: Lot 4, Block 6, Valhalla Heights Subdivision Part 5
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04932020
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on February 7, 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 March 10, 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 proposed commercial kennel meets the intent of the Rural Residential
Zone (RR) to provide for low density residential development in outlying and rural areas
in a form which creates a stable and attractive residential environment. The specific intent
in establishing this zone is:
(1) To separate residential structures to an extent which will:
a. Preserve the rural, open quality of the environment;
b. Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
a. Violate the residential character of the environment;
b. Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2021-05
Page 2 of 3
The Land Use Table provides that commercial kennels are a conditional use; therefore, a
conditional use permit must be granted to allow the breeding and sale of dogs. The
applicant has provided a site plan that indicates that the outside areas where dogs would
be located is completely fenced. The layout of the property is such that a kennel would
not violate the neighborhood character of surrounding parcels, as there is sufficient space
to accommodate the kennel.
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 is comprised of single family dwellings and
vacant lots. The parcel is surrounded by trees on the South and West boundaries and
Richfield Drive lies to the East of the property. The lots to the South and West of the parcel
are currently vacant. The tree line should serve as a buffer for any potential noise from
the dogs.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. The applicant states that
the primary purpose for breeding dogs is to improve the breed standard. The sale of any
puppies is secondary. The applicant stated that she will be occasionally breeding dogs
with potential for improving the breed standard. Given that scenario, it is determined that
the dog breeding will not impair the quality of life within the neighborhood.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The properties located along Richfield Drive are served by private wells and
septic systems, and have access to natural gas, electricity and telephone services.
Richfield Drive is a gravel road which is maintained by the City of Kenai. The operation of
a commercial kennel would not have an impact on these services.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: A commercial kennel will not be harmful to the public safety, health and
welfare. The applicant has provided a site plan that indicates that the outside areas where
dogs would be located is completely fenced and that dogs are never left unattended
outside.
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.
Resolution No. PZ2021-05
Page 3 of 3
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 Laura Pabst for the breeding and sale of
dogs on Lot 4, Block 6, Valhalla Heights Subdivision Part 5 located at 140 Richfield
Drive.
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 operation, the applicant must obtain a commercial kennel license from Animal
Control, pursuant to Kenai Municipal Code 3.05.10(7)(A).
3. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
4. The applicant will meet with City staff for on-site inspections when requested.
5. 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).
6. 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.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 10th day of March, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CMC, CITY CLERK
City of Kenai
Conditional Use Permit
Application
Planning and Zoning Department
210 Fidalgo Avenue
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Name:
Mailing Address:
City: State:
Phone Number(s):
Email:
Legal Description:
Zoning:
Acres:
How is this property currently being used?
Conditional Use Requested for (attach additional sheets if necessary):
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
Zip Code:
Zip Code:
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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:
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Explain how the conditional use is in harmony with the City's Comprehensive Plan:
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Are public services and facilities on the property adequate to serve the proposed conditional use?
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( Explain how the conditional use will not be harmful to public safety, health, or welfare:
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Are there any measures with access, screening, site development, building des~n, or business operation t hat will -\
le ssen potential impacts of the conditional use to neighbors?
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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
a pplication. --r .......
Signature: '-.. ~-,_It )..cl.._ \~ I Date: 18 I '1 l Q..\ ,,
Print Name: \LJ l aL ro..r t>a' .... "? 5~ I Title/Business: I '
-,Date Application Fee Received:
For City Use Only PZ Resolution Number:
PZ2021-05 - CONDITIONAL USE PERMITKPB # 04932020140 Richfield DriveLot 4, Blk. 6, Valhalla Heigths Subd. Part 5
STANDARD DRN D O G W O O D R D
E RICHFIELD DRRICHFIELD DR.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 8040 Feet
LEGEND
Su bject Parcel
Date: 3/3/2021