Loading...
HomeMy WebLinkAboutResolution No. PZ2021-12K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER. APPLICANT: Lupine M. Orlob PROPERTY ADDRESS: 530 Ash Avenue LEGAL DESCRIPTION: Lot 1, Block L, Woodland Subdivision Part One KENAI PENINSULA BOROUGH PARCEL NUMBER: 04325011 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 1, 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 April 28, 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 Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Resolution No. PZ2021-12 Page 2 of 3 The Land Use Table provides that Day Care Centers are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 children rather than 8 children. The value of adjacent properties should not be significantly impacted by this change. The value of adjacent properties should not be significantly impacted by this change. 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 City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history of this Day Care, it is determined that the continued operation of the Day Care 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 residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will 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: Sproutlets Creative Learning has operated successfully for the past 10 years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Resolution No. PZ2021-12 Page 3 of 3 Section 1. That a conditional use permit is granted to Lupine M. Orlob for a Day Care Center for property described as Lot 1, Block L, Woodland Subdivision Part One, and located at 530 Ash Avenue. 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. 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. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 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 28th day of April, 2021 . ATTEST: JAMIE HEINZ, MMC, CITY CLERK City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.city STA FF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: April 22, 2021 SUBJECT: PZ2021-12-Conditional Use Permit-Day Care Applicant: Lupine M. Orlob 530 Ash Avenue Kenai, Alaska 99611 Legal Description: Lot 1, Block L, Woodland Subdivision Part One Property Address: 530 Ash Avenue KPB Parcel No: 04325011 Lot Size: .30 Acres (13,068 square feet) Existing Zoning: Suburban Residential Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION Kenai Municipal Code 14.20.230(b)(2) provides that a day care of no more than eight (8) children . under the age twelve ( 12), including children related to the caregiver is allowed with a Home Occupation Permit. Home Occupation Permit PZ11-03 was passed by the Planning and Zoning Commission on January 26, 2011 for a home daycare. The applicant has successfully operated Sproutlets Creative Learning for the past ten ( 10) years. Ms. Orlob is in compliance with the Home Occupation Permit. Jeremiah Hamilton, Fire Marshal, for the City of Kenai, performed a fire inspection on March 26, 2021 and found the premises is compliant. The applicant wishes to increase the number of children attending Sproutlets Creative Learning from a maximum of 8 children to a maximum of 12 children; therefore, it is necessary for the applicant to obtain a Conditional Use Permit for a Day Care. The applicant has indicated that she will be adding an additional staff person to care for the children pursuant to State licensing requirements. A pp lication , 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 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 Munici pal 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. A pp licant Res ponse: I have been running a Day Care from my home since 2011. I'd like to accept more than 8 children. I am a State licensed Day Care with a business license. Staff Res ponse: The proposed Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (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 Day Cares are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: Nothing will change, I just want to have more children. Staff Res ponse: The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 Page 2 of 4 The City of Kenai I www.kenai.city children rather than 8 children. The value of adjacent properties should not be significantly impacted by this change. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. A pp licant Res ponse: This is just my house, that happens to have a business that helps me survive and pay bills. There is no impact to anyone else. The state requires that I have a maximum of 12 children. Staff Res ponse: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. The City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history ofthis Day Care, it is determined that the continued operation of the Day Care 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: Yes , all facilities are kept up and checked on by State every six months. Staff Res ponse: The residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will not have an impact on these services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. A pp licant Res ponse: Parking at the facility has been established for years. I have three parking slots in my driveway. Only a small amount of times when three parents show up at one time and its brief for pickup. Staff Res ponse: Sproutlets Creative Learning has operated successfully for the past 10 years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. Criteria # 6: Specific conditions deemed necessary. Applicant Response: Nope , not al all. Except some of their children use my day care . Staff Res ponse: See Conditions of Approval as set forth below. 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: Page 3 of 4 The City of Kenai I www.kenai.city 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 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. PZ2021-12 B. Application/Child Care License/Site Plan C. Aerial Map Page 4 of 4 The City of Kenai I www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER. APPLICANT: Lupine M. Orlob PROPERTY ADDRESS: 530 Ash Avenue LEGAL DESCRIPTION: Lot 1, Block L, Woodland Subdivision Part One KENAI PENINSULA BOROUGH PARCEL NUMBER: 04325011 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 1, 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 April 28, 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 Day Care meets the intent of the Suburban Residential Zone (RS) to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Resolution No. PZ2021-12 Page 2 of 3 The Land Use Table provides that Day Care Centers are a conditional use; therefore, a conditional use permit must be granted for the operation of Day Care Centers. The applicant has provided a site plan that provides the layout of the premises. Further, the site plan indicates that the rear yard is fenced. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcels located to the North, South, East and West of the Day Care contain single family dwellings. Ms.Orlob has operated this Day Care for 10 years and circumstances will not change, other than she will providing child care services for 12 children rather than 8 children. The value of adjacent properties should not be significantly impacted by thi.s change. The value of adjacent properties should not be significantly impacted by this change. 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 City has not received any complaints concerning the operation of this Day Care during the 10 years that it has been in operation. Given the history of this Day Care, it is determined that the continued operation of the Day Care 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 residence located at 530 Ash Avenue is connected to City water and sewer services, and has access to natural gas, electricity and telephone services. Ash Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day Care will 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: Sproutlets Creative Learning has operated successfully for the past 1 O years without any negative effects to public safety, health, or welfare. There is no reason to believe that the continued operation of the Day Care will be harmful to the public safety, health or welfare of the community. 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Resolution No. PZ2021-12 Page 3 of 3 Section 1. That a conditional use permit is granted to Lupine M. Orlob for a Day Care Center for property described as Lot 1, Block L, Woodland Subdivision Part One, and located at 530 Ash Avenue. 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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai. 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 28th day of April, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: JAMIE HEINZ, MMC, CITY CLERK Name: Mailing Address: City: Phone Number(s): EmaD: Name: Malling Address: City: Phone Number(s): Email: Conditional Use Permit Application State: State: City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283·8200 planning@kenai.city www.kenal.city/plannlng Zip Code: Zip Code: How is this property currently being used? {J)..;('l_ Conditional Use Requested for (attach additional sheets if necessary): J_ ~~ ~ Y-1.A.n,~~t"\.C\ a._ \;)~C°'-<e. -J1.r6YY\ M..L1 Ul.V\fJL Cjal\ Now J.ol ~-iv , ~ VVtDY'e.. ~ ~ clrt~\o\~. J_~ £t5i-tx~ lo~W' ~ e_ wj Cl Bl.ls•~ 1 1 ~ 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 of surrounding property -north: Use of surrounding property -south: Use of surrounding property -east: .. LL. Explain how the condltlonal use is in harmony with the City's Comprehensive Plan: Are there any measures with access, screening, site evelopment, building design, or business operation that wilf 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. Sig nature: Print Name: Date Application Fee Received: ~ ... , .. 2-1 PZ Resolution Number: P 2. "2.o -l '2-For City Use Only • A C1' 1: • ~ cQ ~ ~ .... x: ~t !~ ~i (l < - ' ,--- STATE OF ALASKA J SociaJ Services License Number: 110070 This ls to certify that: SPROUTLETS CREATIVE LEARNING Physical Addressi Mallilll Address; S30ASHAVE KBNAI AK 99611 S30ASHAVB KENAI, AK 99611 Ia a: GROUP HOME LICENSED (NEW) Lfceoaee: LUPINE ORLOB Lfcense Type: BIENNIAL License Eft"ectfve Dates: 04/01/2021 ~ 05/31/2022 Capacity: 12 Children. Age Range: 0 I Month through 12 Yea.rs Specializatlon(a): None. Variance(s): None. Coodiffons(s): None. This license is subject to the provisions of all applicable municipal, state, and federal laws governing the standards of licensure and is not transferable to any other location or oWnel'. Your ability to maintain eligibility as a licensed entity under AS 47 .32 Is ' contingent to your cooperation during inspections and Investigations. Failure or inability to comply with the regulations governing the standards oflicensure may result in the Department's imposition of an enforcement action, including revocation or non-renewal ofyour license. Child Care Li~nsing Regional Supervisor State of Alaska Child Care Program Office 3601 C STREET, SUITE 140 ANCHORAGE AK 99503 907-269-4667 907-269-4667 ,,X? Ki;NAI PZ2021-12 CO NDITIONAL USE PERMIT -DAY CARE KPB Parcel 04325011 530 Ash Avenue Lot 1, Blk. L, Woodland Subd. Part 1