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HomeMy WebLinkAboutResolution No. PZ2021-15K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS. APPLICANT: Bryan Lowe PROPERTY ADDRESS: 1050 Angler Drive LEGAL DESCRIPTION: T SN R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939055 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 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 May 12, 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 four cabins 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. PZ2021-15 Page 2 of 3 The Land Use Table provides that Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. 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 subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north , south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new 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 Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, a.nd guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. LU-2 Promote the infill of existing, improved subdivision lots. Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. 4 . KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. 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 four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that 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 rental guests. Resolution No. PZ2021-15 Page 3 of 3 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: Section 1. That a conditional use permit is granted to Bryan Lowe for Cabin Rentals for property described as T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3, and located at 1050 Angler 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 issuance of a Building Permit. a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to be g innin g construction of the project . a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. 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 12th day of May, 2021 . ATTEST: ~~ JAMIE HEINZ, MMC, CITY CLERK STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 6, 2021 SUBJECT: PZ2021-15 – Conditional Use Permit – Cabin Rentals Applicant: Bryan Lowe 411 Eadies Way Kenai, Alaska 99611 Legal Description: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 Property Address: 1050 Angler Drive KPB Parcel No: 04939055 Lot Size: 1.41 Acres (61,419 square feet) Existing Zoning: Rural Residential Current Land Use: Vacant Parcel Land Use Plan: Low Density Residential GENERAL INFORMATION Cabin rentals are listed as a conditional use within the Rural Residential zone in Kenai Municipal Code 14.22.010, Land Use Table. KMC 14.20.320 Definitions, defines cabin rentals “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. 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 property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant Page 2 of 4 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: The addition of these cabins is very similar in look and feel of surrounding structures. Staff Response: The proposed four cabins 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 Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: This project expands on similar uses and bolsters the status quo of the area. Staff Response: The parcels located to the North, South, East and West of the subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north, south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new construction of this nature, tends to increase neighborhood property values. Page 3 of 4 Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: This project is in harmony with the current economic developments that have been established in similar land use of the area. This project aligns with the current recreation of surrounding properties in an environmentally aesthetic fashion that enriches the quality of life the Kenai is known for. Staff Response: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, and guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application:  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events.  LU-2 Promote the infill of existing, improved subdivision lots.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, existing utility are sufficient to serve the proposed conditional use. Staff Response: City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: This conditional use is in harmony with the surrounding businesses that have grown in the area for over a decade, in addition, the applicant is well versed in this area and has years of success in building the current standard you see present in the area today. Staff Response: The use of four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that 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 rental guests. Page 4 of 4 Criteria # 6: Specific conditions deemed necessary. Applicant Response: No, these cabins are a continuation of current land use and fall well in line with all aspects of neighboring properties as well as the surrounding area. Staff Response: 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: 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 beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. 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. PZ2021-15 B. Application C. Draft Site Plan D. Floor Plans/Elevation Drawings E. Aerial Map F. Business License _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS. APPLICANT: Bryan Lowe PROPERTY ADDRESS: 1050 Angler Drive LEGAL DESCRIPTION: T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939055 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 15, 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 May 12, 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 four cabins 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. PZ2021-15 Page 2 of 3 The Land Use Table provides that Cabin Rentals are a conditional use; therefore, a conditional use permit must be granted for the construction and operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabins and parking. 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 subject property are zoned rural residential and are undeveloped City owned property to the west, with single family residential uses to the north, south, and east. The value of adjacent properties should not be significantly impacted with the construction of four rental cabins. Generally speaking, new 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 Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. There are several cabins, lodges, and guide services already on Angler Drive and four additional rental cabins will not impair the quality of life within the neighborhood. Low-density residential land uses typically include single-family low-density, large lots with individual on-site water supply and wastewater disposal systems. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: • ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. • LU-2 Promote the infill of existing, improved subdivision lots. • Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. City water and sewer is not in the vicinity of the subject property, therefore, onsite water and wastewater treatment and disposal systems will be necessary. The applicant must meet the wastewater disposal requirements of KPB Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental Conservation. The property has access to electricity and telephone services. Angler Drive is a paved road which is maintained by the City of Kenai. 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 four rental cabins will not be harmful to public safety, health, or welfare. Staff believes that 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 rental guests. Resolution No. PZ2021-15 Page 3 of 3 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: Section 1. That a conditional use permit is granted to Bryan Lowe for Cabin Rentals for property described as T 5N R 11W SEC 11 Seward Meridian KN 0970071 James H Cowan Estates Lot 3, and located at 1050 Angler 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 issuance of a Building Permit, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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). 7. 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. 8. 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 12th day of May, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Name: Mailing Address: City: Phone Number(s); Email: Name: Mailing Address: City: Phone Number(s): Email: Conditional Use Permit Application Bryan, Rachel and Bryson Lowe 411 Eadies Way Kenai State: 907-398-19999 bryanlowe123@yahoo.com Bryan Lowe 411 Eadies Way Keani State: 907-398-1999 bryanl6we123@yahoo.com Kenai Peninsula Borough Parcel# (Property Tax ID): Physical Address: 1050 Angler or. AK AK City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www . kenai . city/planning Zip COde: 99611 Zip Code: 99611 Legal Description: T SN R 11w SEC 11 Seward Meridian KN 0970071 James Cowen Estates Lot 3 Zoning: Rural Residential Acres: 1.41 How ls this property currently being used? Vacant Conditional Use Requested for (attach additional sheets if necessary): 4 cabins on one parcel in alignment with current land use of the neighborhood. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The addition of these cabins is very similar in look and feel of surrounding structures. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: This project expands on similar uses and bolsters the status quo of the area. p Al D APR 15 2021 Use of surrounding property -north: Rural Residential Use of surrounding property -south: Rural Residential Use of surrounding property -east: Rural Residential Use of surrounding property -west: Rural Residential Explain how the conditional use is in harmony with the City's Comprehensive Plan: This project is In harmony with the current economic developments that have been established in similar land use of the area. This project aligns with the current recreation of surrounding properties in an environmentally aesthetic fashion that enriches the quality of life the Kenai is known for. Are public services and facilities on the property adequate to serve the proposed conditional use? Yes, existing utility are sufficient to serve the proposed conditional use. Explain how the conditional use will not be harmful to public safety, health, or welfare: This conditional use is in harmony with the surrounding businesses that have grown in the area for over a decade, in addition, the applicant is well versed in this area and has years of success in building the current standard you see present in the area today. 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? No, these cabins are a continuation of current land use and fall well in line with all aspects of neighboring properties as well as the surrounding area. Al.JTHORJW TO APPLYF©R•coNQIT'.IONAt... us!: I hereby gertifY 'th@t O am>. H baVe',~EHrauthoriZed to ,,:actfor) qwne,rot' the p£Qpert;y described a.bQve and thatt petition for aconditlonalu~ permit in,CQnfoJ11lance WittrTitle t4Qf the t<enaiiM,utriCipalCQde. 11,1nderstand that payment of'the,appucatron tee iS nonrefundable and"is·'to cover lhe · costs a$$00iated wttfi processmg this ~n>Pli~t1on1 , ~m(t ,th@tit,d~, nQt,a$$ureapprovat ,~f 'the,<:QodltiOJ1~1 q~~• ~l$9'Yn<#.~1'$ttl'l~'tMta$$igne<t hearing &ates are , tentative and 'rtU~yhave to,be postponeQ'':by ·,P.tanning: ~arttnent ,$t$ff Qf 1he""nrungand Zoning commission fQr administtatiVe reasons. I unden>tand fh~ta stte -vi•itmay be reqµifed,to pr«e$$,this ,app1ici!itton. ,Gity ·of Kenaf,•personnetare authol'iZEKI to access the aoove.referenC$1 propeftY 'fQrthe purPQse of p~$$ing this '~pPJicatipn._ ' ' ' Signature: ~~ I Date: I .i//;.F;/c;? / Print Name: i31'.JJ C'_./ /2 .Law~ l 'Fltle/Business: I OvJ,/11'1! Y' / P 4.tl4 :So )i ~5 L 4"1,J Forc11y ·u-.,<>nJY oateAPPfiC:atiOoFeeRecewed:, •.IJ'.,:t Z,1 , PZ ReM;)t1,1ti20 ,~tA,rn~r , ,,, ? z.. "?-oU .... is 24·-o· ----------2··~·-------, +··-o·:r::~·:c ··-o· I ~ I t Ir ~ l:i 11; ... ~ I 0 ~ I ~ s l . l 8)(12 0 CIMRED PIRQol Ir .. 8l<12 "------24•-n• 1-------24•-o·--------< A El..EClRICAL PLAN ,-..FLOOR PLAN v ,..... FOUNDATION PLAN ( 1ECHNO POS'T) '7 -,.r II ,,.... CROSS SECTION ~. I I -'"1.., ,.._ELEVATION T 5N R 11W SEC 11 Seward Meridian KN 0970071 Jam es H Cowan Estates Lot 31050 Angler Driv eParcel 0493905 5 ANGLER DR.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 11055 Feet LEGEND Su bject Parcel Date: 5/7/2021 1tla1ka B111lneas Llcan1e # 2129586 Ala.-ka Oepartrnent of <:;omirt•rc•. Corpmu~lty,, -.nd E~ono~lc ~e,velopm,nt Division ofCorporJtions, Busln-.ss, and Professional Licensing PO Bolf 110806, Juneau_, AIK 99811-0806 Thi• Is to qertlfy that P~.pa Jo~ns camp 411 E•dles WSy, ~enaV, AK 99811 owne,:tby bryan Robert lowe Is lic~nsed ijy the ~eparll"lent to ponduqt buslnpss for the period Aprll 15, 2oi1toOpcember31, ~022 for the foilo\Nlng ll~e(s) of busln~si 12:. Accommodation and Food Services This license si,au n~ be takao as ~mission to do business In titre state wlttiout h~vlng complied with the oth~r requlremefllts ofl the laws of the State or of the Unltect Stat~ia. This license must be posted In a consplcuoua plac:.e at the business location. It Is not transferable or asslgnable. Julie Anderson Commissioner