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HomeMy WebLinkAboutResolution No. PZ2021-40KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-40 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST. APPLICANT: Edward and Kathleen Martin PROPERTY ADDRESS: 702 Lawton Drive 436 Rogers Road LEGAL DESCRIPTION: Lot 1, Block 4, Inlet View Subdivision 1st Revision Lot 2, Block 4, Inlet View Subdivision 1st Revision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04915025 04915026 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 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 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: Both 702 Lawton Drive and 436 Rogers Road are zoned Suburban Residential 2 (RS -2). The RS Zone is intended 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: Resolution No. PZ2021-40 Page 2 of 5 (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 vicinity to the west and east of the subject parcel has a residential character and consists of single family homes on lots zoned Suburban Residential 2, which are buffered by Rogers Road, trees on 702 Lawton Drive, and 436 Rogers Road. The proposed use would increase the amount of traffic entering and existing the parking lot at 750 Lawton Drive and would not be entering the neighborhood via Rogers Road, and would not be generating heavy traffic in a predominantly residential area. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. 'Bed and breakfast' means a residential, owner -occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. The Land Use Table provides that a Dormitory and Bed & Breakfast are conditional uses for the Suburban Residential 2 Zoning Districts; therefore, a conditional use permit must be granted for the operation of a Dormitory and Bed & Breakfast. The applicant has provided a site plan that provides the layout of the premises. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The adjacent parcels to the South at 436 Rogers Road is owned by the applicant and acts essentially as the back yard for 702 Lawton Drive and provides a buffer from properties to the South. To the East is a large, undeveloped, forested parcel, owned by the Kenai Peninsula Borough, which the applicants have leased the portion closest to 702 Lawton Drive for parking. Parcels to the West are single family, suburban residential which are buffered by Rogers Road and trees on 702 Lawton Drive. The City of Kenai Multi-purpose Facility is located to the North, across Lawton Drive. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by the proposed dormitory or bed and breakfast. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Suburban Residential land use for this neighborhood. The Suburban Residential Land Use Classification is defined in the Comprehensive Plan: "Suburban Residential is intended for single-family and multi -family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or Resolution No. PZ2021-40 Page 3 of 5 planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate." The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. • 0-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. ED -1 Promote projects that create workforce development opportunities. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The subject properties have access to City water, City sewer, natural gas, electricity, and telephone services and are accessed via a paved, City maintained road. Kenai Municipal Code 14.20.250(b)(8) requires that there is one (1) space per principal dwelling unit and one (1) per guest room or one for every two beds, therefore the minimum number of parking spaces required is six (6) spaces. The attached application meets this requirement by providing parking at 750 Lawton Drive for up to 24 spaces, though the maximum number of spaces planned by the applicant is 16, which is more than sufficient for the 8 students per class. Parking is for students privately owned vehicles (cars, vans, pick-up trucks, SUVs) and not for commercial trucks or vehicles. Classroom instruction takes place in Sterling. 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 a dormitory and bed and breakfast will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve this property. A bed and breakfast has operated on the subject property in recent years with a conditional use permit. The applicant has provided the City with a draft site plan and property lease with the Kenai Peninsula Borough, which indicates that there will be sufficient parking available for residents and guests. Access to parking is via Lawton Drive. 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. PZ2021-40 Page 4 of 5 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 Edward and Kathleen Martin for a Dormitory for property described as Lot 1, Block 4, Inlet View Subdivision 1st Revision, and located at 702 Lawton Drive and Lot 2, Block 4, Inlet View Subdivision 1 st Revision, located at 436 Rogers Road. Section 2. That the conditional use permit is subject to the following conditions: Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Access to parking is via Lawton Drive and a Driveway Permit may be required for improvements at 750 Lawton Drive. 3. Bed and Breakfast regulations per KMC 14.20.321 must be maintained. 4. Quiet hours are from 10pm to 6am. 5. Buildings which are the subject of a bed and breakfast permit application shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to the approval of the conditional use permit. Thereafter, they shall be inspected every other year by the City Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the conditional use permit. 6. The applicant will maintain its lease for parking with the Kenai Peninsula Borough at 750 Lawton Drive. If the lease expires or is severed, the applicant will notify the City Planning Director and demonstrate how the parking requirements will be met. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 3151 day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. If there is a change of use for the above described property anew Conditional Use Permit must be obtained, pursuant to 14.20.150(1)(5). 10. Pursuant to KMC 14.20.150(1)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 11. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of November, 2021. Resolution No. PZ2021-40 Page 5 of 5 JEF HAIRPERSON ATTEST: JAMIE HEINZ, STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: November 1, 2021 SUBJECT: PZ2021-21 – Conditional Use Permit – Dormitory PZ2021-40 – Conditional Use Permit – Bed & Breakfast Applicant: Edward and Kathleen Martin P.O. Box 521 Cooper Landing, Alaska 99572 Legal Description: Lot 1, Block 4, Inlet View Subdivision 1st Revision Lot 2, Block 4, Inlet View Subdivision 1st Revision Property Address: 702 Lawton Drive 436 Rogers Road KPB Parcel No: 04915025 04915026 Lot Size: 0.28 acres 0.25 acres Existing Zoning: Suburban Residential 2 Suburban Residential 2 Current Land Use: Single Family Dwelling Residential Improved Land Land Use Plan: Suburban Residential Suburban Residential Page 2 of 6 GENERAL INFORMATION The applicant, Edward and Kathleen Martin, have submitted a conditional use permit application for a dormitory and a bed and breakfast at 702 Lawton Drive (the subject home) and 436 Rogers Road (the back yard). The dormitory is intended for housing students at the Alaska Driving Academy Truck Driving Division and Basic Civil Construction students. The bed and breakfast would only operate when students are not staying on the property and requires the owners to live on the property. Per Kenai Municipal Code 14.22.010 Land use table, both the dormitory and bed and breakfast land uses require a conditional use permit in the Suburban Residential 2 zoning district. The parking requirements for these land uses are met with a lease that the applicants have with the Kenai Municipal Borough property next door at 750 Lawton Drive. The subject property has previously had a conditional use permit for a Bed and Breakfast. 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 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(e) – 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(e)-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: Although the property is zoned residential, use will be similar to past permitted B&B except that there will be less of a turn-over; the students will be staying for 3 weeks at a time. The abutting property we are requesting conditional use of is zoned Institutional School. Staff Response: Both 702 Lawton Drive and 436 Rogers Road are zoned Suburban Residential 2 (RS-2). The RS Zone is intended 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: Page 3 of 6 (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The vicinity to the west and east of the subject parcel has a residential character and consists of single family homes on lots zoned Suburban Residential 2, which are buffered by Rogers Road, trees on 702 Lawton Drive, and 436 Rogers Road. The proposed use would increase the amount of traffic entering and existing the parking lot at 750 Lawton Drive and would not be entering the neighborhood via Rogers Road, and would not be generating heavy traffic in a predominantly residential area. “Dormitory” means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. “Bed and breakfast” means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. The Land Use Table provides that a Dormitory and Bed & Breakfast are conditional uses for the Suburban Residential 2 Zoning Districts; therefore, a conditional use permit must be granted for the operation of a Dormitory and Bed & Breakfast. The applicant has provided a site plan that provides the layout of the premises. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: The value of adjoining properties will not be impaired any more than it was under the permit given to the past owners (Herman & Irene Fandel). Conditional Use permit for .26 acres of KPB owned lot (750 Lawton Drive) is requested to provide additional parking for students. This will keep the roadways unobstructed & clear for traffic. Students will be required to read/sign a document notifying them of the rules to obtain lodging (stay in/on the 702 Lawton Drive property). This document states they cannot bring guns, weapons, consume alcohol, use drugs, bring pets, quiet hours, etc. Basically, we must all be considerate and live in harmony with those around us. Staff Response: The adjacent parcels to the South at 436 Rogers Road is owned by the applicant and acts essentially as the back yard for 702 Lawton Drive and provides a buffer from properties to the South. To the East is a large, undeveloped, forested parcel, owned by the Kenai Peninsula Borough, which the applicants have leased the portion closest to 702 Lawton Drive for parking. Parcels to the W est are single family, suburban residential which are buffered by Rogers Road and trees on 702 Lawton Drive. The City of Kenai Multi-purpose Facility is located to the North, across Lawton Drive. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by the proposed dormitory or bed and breakfast. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Page 4 of 6 Applicant Response: Business will be paying City taxes on income earned from housing students. Students will be making purchases at local stores, gas stations, eateries during their stay. Both will benefit the fiscal health of the community. Students will be learning about safety and responsibility as they acquire skills to obtain good paying jobs. Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Suburban Residential land use for this neighborhood. The Suburban Residential Land Use Classification is defined in the Comprehensive Plan: “Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate.” The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-1 Promote projects that create workforce development opportunities. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, it was permitted in the past as a B&B. Staff Response: The subject properties have access to City water, City sewer, natural gas, electricity, and telephone services and are accessed via a paved, City maintained road. Kenai Municipal Code 14.20.250(b)(8) requires that there is one (1) space per principal dwelling unit and one (1) per guest room or one for every two beds, therefore the minimum number of parking spaces required is six (6) spaces. The attached application meets this requirement by providing parking at 750 Lawton Drive for up to 24 spaces, though the maximum number of spaces planned by the applicant is 16, which is more than sufficient for the 8 students per class. Parking is for students privately owned vehicles (cars, vans, pick-up trucks, SUVs) and not for commercial trucks or vehicles. Classroom instruction takes place in Sterling. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: The boarders are required to read/sign an agreement as described earlier. As part of their training, they are learning about ensuring the safety of themselves Page 5 of 6 and others on the road and in construction zones. We are requesting a Conditional Use Permit for the abutting property to provide off-road parking for the students so that the roadways remain clear and unobstructed. Staff Response: The use of a dormitory and bed and breakfast will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve this property. A bed and breakfast has operated on the subject property in recent years with a conditional use permit. The applicant has provided the City with a draft site plan and property lease with the Kenai Peninsula Borough, which indicates that there will be sufficient parking available for residents and guests. Access to parking is via Lawton Drive. Criteria # 6: Specific conditions deemed necessary. Applicant Response: Our students will have stays of longer duration, so there will be less of a turn-over. Each will be assigned a specific parking spot. The courses are intense and the students must study/do homework daily, so there will be less traffic. 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 for a Dormitory as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, 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 starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Access to parking is via Lawton Drive and a Driveway Permit may be required for improvements at 750 Lawton Drive. 3. The applicant will maintain its lease for parking with the Kenai Peninsula Borough at 750 Lawton Drive. If the lease expires or is severed, the applicant will notify the City Planning Director and demonstrate how the parking requirements will be met. 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(l)(5). 7. Pursuant to KMC 14.20.150(l)(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 Page 6 of 6 for the suspension or revocation of the conditional use permit. City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit for a Bed and Breakfast as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, 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 starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. Access to parking is via Lawton Drive and a Driveway Permit may be required for improvements at 750 Lawton Drive. 3. Bed and Breakfast regulations per KMC 14.20.321 must be maintained. 4. Buildings which are the subject of a bed and breakfast permit application shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to the approval of the conditional use permit. Thereafter, they shall be inspected every other year by the City Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the conditional use permit. 5. The applicant will maintain its lease for parking with the Kenai Peninsula Borough at 750 Lawton Drive. If the lease expires or is severed, the applicant will notify the City Planning Director and demonstrate how the parking requirements will be met. 6. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 7. The applicant will meet with City staff for on-site inspections when requested. 8. 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(l)(5). 9. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 10. 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. Conditional Use Permit Application B. Draft Site Plan C. Floor Plans D. Aerial Map E. Lease with Kenai Peninsula Borough for parking at 750 Lawton Drive Name: Mailing Address: City: Phone Number(s}: Email: Name: Mailing Address: City: Phone Number(s): Conditional Use Permit Application See attached letter I state: Edward D. Martin, Jr. & Kathleen A Martin PO Box 521 Cooper Landing I state: Ed (907)252-7857 Kathleen (907)252-8163 Email: keeconstructionllc@yahoo.com AK Kenai Peninsula Borough Parcel# {Property Tax ID): 04901048 Physical Address: 750 Lawton Drive City of Kenai Planning and Zonrng Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning IZip Code: I IZip Code: j 99572 Legal Description: T SN R 11W SEC 4 SEWARD MERIDIAN KN GOVT LOT 2 EXCLUDING THEREFROM INLET VIEW SUB Zoning: Borough Institutional (school) Acres: NW corner .26 acre area as designated on included map .,,_ J~ '"i1'11 ,_.l.., •.;i ,., ··' • 1!i1r"4inr1:1 -1[;].t:hUH•I•JI'. : f-'"t t1•r:1.-:~{i.1_o.ei ~:i·_L'7-;I ....... ..:.. ...... ... • 111111 --...... --1111. \f'"'-'''"r : : 1:11 n.r,i-~ I .. ,·.1n. .. '1 ·• _ • . ~·irrw.lolr.:Jj How is this property currently being used? I it isn't; bare/cleared area along easement of Lawton Drive Conditional Use Requested for (attach additional sheets if necessary): We are purchasing the 702 Lawton Drive property to encourage vocational training on the Peninsula and will be housing Alaska Driving Academy Truck Driving Division & Basic Civil Construction students (possibly seasonal B&B customer parking if no students scheduled). Previous owners {Herman E. and Irene Fandel; both now deceased) had an unlimited Permit with the City for an area where their customers could park their vehicles. Requesting use of cleared area abutting 702 Lawton (see map). Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Zoned: Institutional School. Cleared area to be used as parking area only; each student staying at the 702 Lawton Drive (a corner lot) property will be issued a specific space to park in. This will keep students from trying to park on the streets, maintain clear sight distance at intersection and keep the streets uncluttered for traffic and pedestrians. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: It will keep the streets (Rogers Road and Lawton Drive) clear for travel in the neighborhood and sight distance at the intersection unobstructed. Use of surrounding property -north: 9775 KENAI SPUR HWY; City of Kenai, Institutional (buidings) Use of surrounding property-south: 750 LAWTON DR; apx. 1137' of KPB Institutional use (forested) Use of surrounding property-east: 750 Lawton Dr; apx. 400' of KPB Institutional use {forested) Use of surrounding property -west: Abutts 702 Lawton Dr. prop. we are purchasing Explain how the conditional use is in harmony with the City's Comprehensive Plan: We wish to house vocational students (commercial business) within the City of Kenai. The students will be making purchases themselves during their stay (food, gas, etc.). Both will benefit the fiscal health of the community. Students must sign a form beforehand to obtain lodging that assures they will be in harmony with all of those in their class, lodging and surrounding neighborhood (no drugs, no drinking, no guns, no pets, etc.). Students learn about safety awareness, responsibility, working with and relying on others as they develop meaningful skills that benefit both them and their communities. Are public services and facilities on the property adequate to serve the proposed conditional use? Yes; parking area. The KPB did grant an easement to the City of Kenai, to use the NW corner of that KPB parcel, for the construction and maintenance of stormwater management facilities. The subject area of this easement is adjacent to the property addressed as 702 Lawton Dr. See enclosed map detailing the area we wish to use. Explain how the conditional use will not be harmful to public safety, health, or welfare: It will encourage public safety, health & welfare by keeping said student vehicles from trying to park on the street. We would like to keep the roadway clear and unobstructed. 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 new impacts. This parcel belongs to the KPB but is used, in part, by the City of Kenai. We have the equipment to mulch the seedlings and keep the area cleared from tree growth should the City be in agreement for us to do so. The KPB did grant an easement to the City of Kenai, to use the NW corner of that KPB parcel, for the construction and maintenance of stormwater management facilities. The subject area of this easement is adjacent to the property addressed as 702 Lawton Dr. AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am} (I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: I Date: 1415/2021 Print Name: Kathleen A. Martin !Title/Business: I Manager For City Use Only Date Application Fee Received: PZ Resolution Number: Edward D. Martin, Jr. Kathleen A. Martin PO Box 521 Cooper landing, AK 99572 April 5, 2021 City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.citv/planning Conditional Use Permit Application (not enough space on form) PURPOSE OF CONDITIONAL USE PERMIT: 1 )To house students 2)To operate B&B (when students are not housed) 3)To obtain parking area for students PROPERTY OWNER (No. 1 & 2 above) Currently on Record: FANDEL HERMAN E ESTATE OF Purchasers: Edward D. Martin, Jr. (907)252-7857 and Kathleen A. Martin (907)252-8163 PO Box 521 Cooper Landing, AK 99572 Email -keeconstructionllc@yahoo.com PETITIONER Same as above Property Information KPB PHYSICAL ADDRESS LEGAL PARCEL# DESCRIPTION PURCHASING 702 Lawton Drive T 5N R 11W SEC 4 SEWARD (use No. 1 & 04915025 (house/garage) MERIDIAN KN 00015i5 2) INLET VIEW SUB lST REVISION LOT 1 BLK 4 04915026 436 Rogers Road T SN R 11W SEC 4 SEWARD (back yard, storage MERIDIAN KN 0001515 buildings, picnic tables) INLET VIEW SUB lST REVISION LOT 2 BLK 4 CONDITIONAL USE DESCRIPTION How is this property currently being used? ZONING ACRES Residential .28 Residential .25 The property had been used as a B&B; owner(s) now deceased. Property is currently part of an estate and occupied by a caretaker. We are currently going through the process of purchasing it and would like to use it similarly to its past permitted use. ··~R ECE IVED Page1ot3 1 1 CITY OF KENAI DA TE ;,~ Z,~ , PLANNING DEPARTMEN-:· Conditional Use Requested for: Student housing/B&B. We are purchasing the 702 Lawton Drive property and will be housing Alaska Driving Academy Truck Driving Division and Basic Civil Construction students. We would also like the option of operating as a B&B if and when we do not have students. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Although the property is zoned residential, use will be similar to past permitted B&B except that there will be less of a turn-over; the students will be staying for 3 weeks at a time. The abutting property we are requesting conditional use of is zoned Institutional School. Explain how the value of adjoining property will not be significantly impaired by the conditional use: The value of adjoining properties will not be impaired any more than it was under the permit given to the past owners (Herman & Irene Fandel). Conditional Use permit for .26 acres of KPB owned lot (750 Lawton Drive) is requested to provide additional parking for students. This will keep the roadways unobstructed & clear for traffic. Students will be required to read/sign a document notifying them of the rules to obtain lodging (stay in/on the 702 Lawton Drive property). This document states they cannot bring guns, weapons, consume alcohol, use drugs, bring pets, quiet hours, etc. Basically, we must all be considerate and live in harmony with those around us. Use of surrounding property-north: 9775 KENAI SPUR HWY; City of Kenai, Institutional (buidings) Use of surrounding property-south: 434 ROGERS RD Residential Use of surrounding property -east: 750 Lawton Dr; apx. 400' of KPB Institutional use (forested} Use of surrounding property -west: 424 & 429 Lawton Dr. residential Explain how the conditional use is in harmony with the City's Comprehensive Plan: Business will be paying City taxes on income earned from housing students. Students will be making purchases at local stores, gas stations, eateries during their stay. Both will benefit the fiscal health of the community. Students will be learning about safety and responsibility as they acquire skills to obtain good paying jobs. Are public services and facilities on the property adequate to serve the proposed conditional use: Yes, it was permitted in the past as a B&B. Explain how the conditional use will not be harmful to public safety, health or welfare: The boarders are required to read/sign an agreement as described earlier. As part of their training, they are learning about ensuring the safety of themselves and others on the road and in construction zones. We are requesting a Conditional Use Permit for the abutting property to provide off-road parking for the students so that the roadways remain clear and unobstructed. Are there any measures with access, screening, site development, building design, or business operation that will lessen potential impacts of conditional use to neighbors: Our students will have stays of longer duration, so there will be less of a turn-over. Each will be assigned a specific parking spot. The courses are intense and the students must study/do homework daily, so there will be less traffic. Also a part of this application: See actual City of Kenai Conditional Use Permit (I couldn't fit au the above on the form). Conditional 04901048 Section of 750 Lawton NW corner of T SN R 11 w Institutional Asking Use for Drive that abuts 702 SEC 4 SEWARD MERIDIAN School to use parking Lawton Drive* (see KN GOVT LOT 2 EXCLUDING .26 (use No.3) enclosed map) THEREFROM INLET VIEW acres SUB of 37.65 Page2 of 3 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. Edward D. Martin, Jr., Purchaser Date Kathleen A Martin, Purchaser & Manager Date Please refer to actual Conditional Use Permit for City Use Only Section Page 3 of 3 Borough Institutional />OJ 0490 04 ~ r ll~is m?.p is <J usc1 oe'1e·ateci stut'c ou1pul ffor.i o"l lnterrict rnc:pp•NJ ;ite <1rd is '.or <<.'fcrnnce onl·1. !..>~!<i la~«?rs ln<J'. <>r1:ioar c>n this map riny 0r may 110 ! be a;;~Jrate. c1,;rr~"1. er otherwise •eli<iol~. It is"'-" to b!:' useo for •1avigatior.. . /' '*-' '1vit-,40,µe../a~ ~ ·A<gA-t.Ld.tidJ ~~. DATE PRINTED: 4/5/2021 • Mileposts City Limits Highways Major Roads Roads Town Medium Volume Town Low/Seasonal; Other Proposed Parcels Image • Red: B&nel_ 1 • Green: Band_2 • Blue: Band_3 Notes T SM R 1 lW SEC 4 Seward Meridian KN Govt lot 2 Excluding therefrom Inlet View Sub (750 Lawton Or) Thursday , June 17, 2021 5 :01:59 PM-Window r--· --· I I l I I I r l AlTACHMENT A DEVELOPMENT Pl.AN I -. ~-5·· smfr 1 " j r-I -----'----lt-S-------~ --i-I I . i ' J_ J 70~ LrL~+ohur'1ve. hf(.s+ Floor I 7D la.iV+o Dr·, V-6 ( /, S S-1-o r!j J ' ! ;· PZ2021-21 CUP DormitoryPZ2021-40 CUP Bed & Breakfast702 Lawton Drive436 Rogers Road LAWTON DR ROGERS RD.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 5025 Feet LEGEND Su bject Parcel Date: 11/4/2021 ~'1 . ' ~ . Land Management R o \J 144 N. Bmkley Street, Soldotna, Alaska 99669 • (907) 714-2205 • (907) 714-2378 Fax A Division of the Planning Department October 1, 2021 Edward and Kathleen Martin dba, Cozy Inn 35555 Kenai Spur Hwy PMB 471 Soldotna, AK 99669 Re: Real Property Lease for Parking Area Portion of APN: 04901048 Dear Mr. & Mrs. Martin: VIA CERTIFIED MAIL 7019 2280 0000 7385 1061 Charlie Pierce Borough Mayor On August 1 7, 2021, the Kenai Peninsula Borough Assembly approved Resolution 2021-32 and authorized a lease agreement for o 180' x 194' parking area, subject to easements, within the northwest corner of parcel number 04901048. Enclosed for your record is the fully executed lease agreement. On September 21, 2021, we met onsite to address a concern over larch trees within the leasehold. We also flagged a 70' setback from the centerline of Lawton Drive. There are a number of larch planted in this location, which are believed to have been placed by a previous landowner. The overage tree height is between 3.5' to 8', being between 0.5'' to 2" in diameter at the stump. The larch within the leasehold· are not part of a documented provincial trial. ano several will remain in place, serving as a 20' vegetative buffer from Lawton Drive. Per the lease and approved development plan, you may remove the larch as necessary to create a parking area. Please contact me if you have any questions or concerns. Thank you. Respectfully; 4,~~ Julie Denison Land Management Technician Introduced by: Date: Action: Vote: Bjorkman, Elam, Derkevorkian, Mayor 04/20/21 Adopted 9 Y e.s, 0 No, 0 Absent KENAI PENINSULA BOROUGH RESOLUTION 2021-032 A RESOLUTION ADOPTING A POLICY THAT THE BOROUGH WILL CONDUCT A PRE-ELECTION SECURITY RISK AND VULNERABILITY ASSESSMENT AND DEVELOP A SECURITY DESIGN FOR ANY ELECTION SYSTEM USED TO ADMINISTER BOROUGH ELECTIONS WHEREAS, the peoples' confidence in the integrity of election results is reliant on their confidence in the security of the electiori equipment, election workers, and infrastructure that make elections possible; and WHEREAS, free and fair elections play a vital and integral role in a .democratic society; and WHEREAS, all election equipment must be independently validated as secure and accountable in order to prove its reliability; and WHEREAS, a poJicy providing for a pre-election security risk and vulnerability assessment of the borough's election infrastructure, a security design, where needed, and a post- implementation audit of any new election system, equipment or software used by the borough to administer elections is in the best interests of the borough; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. To the extent authorized by law and within available resources, a policy is hereby adopted that the borough, with the assistance of an independent third party cybersecurity professional, will conduct a security risk and vulnerability assessment, and develop a security design for the election system used to administer borough elections. SECTION 2. That, within available resources, the borough will conduct an election security risk and vulnerability assessment, carried out by a provider of cybersecurity services, prior to the October 2021 borough election. SECTION 3. That, within available resources, a security design , developed by a provider of cybersecurity services in coordination with the borough's information te{;hnology department, will be in place prior to the October 2021 borough election. Kenai Peninsula Borough, Alaska Resolution 2021-032 Page J of2 SECTION 4. That, within available resources, a security audit, performed by a provider of cybersecurity services in coordination with the borough's information technology department, will be performed immediately after the initial implementation of any election system used to administer boro ugh elections. SECTION 5. That this resolution shall become effective immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TIDS 20TH DAY OF APRIL, 2021. Brent Hibbert, Assembly President ATTEST: I ...J.. ._ 6-.e. ._, J. " . ~ "ii'tli Blankenship, MMC, Borough c~ K Yes: No: Bjorkman, Carpenter, Chesley , Cox, Derkevorkian, Dunne, Elam, Johnson , Hibbert No ne Absent: None Reso lution 2021-032 Page2 of2 Kenai Pen insula Borough, Alaska KENAI PENINSULA BOROUGH REAL PROPERTY LEASE This LEASE (hereinafter called "LEASE·). for good and valuable consideration, and pursuant to Ordinance 2021-32. enacted August 3, 2021, is made and entered into by and between the KENAI PENINSULA BOROUGH, an Alaska munfctpal corporation whose add,..$& is 144 North Binkley Street, Soldotna. Alaska 99669, (hereinafter called "KPB"), and Edward and Kathleen Martin d.b.a. Cozy Inn, whose address is 35555 Kenai Spur Highway, PMB 471 Soldotna. Alaska 99669 (hereinafter called "LESSEE"). I. DESCRIPTION OF REAL PROPERTY This LEASE grants LESSEE use of the real property (hereinafter called nPROPERTY") described as follows: Beginning for reference at the N ~Comer of Section 4. TSN, RI I w. Seward Meridian, thence N 89°56'00,.E a distance of 180.00 feet to the point of beginning; thence S 00°09'00"E a distance of 194.00 feet along the east boundary oflnlet View Subdivision 1si. Revision, Plat KN ISIS, to the southeast corner of Lot 2 Block 4 Inlet View Subdivision 161 Revision; Thence N 89°56'00 .. E a distance of 130.00 feet; thence N 00°09'00"W a distance of 194.00 feet to the north boundary of Section 4; Thence S 89°56'00''W a distance of 130.00 feet to the point of beginning; Subject to a Section Line Easement along the north 50' of the land lease area; and further subject to a Stonnwater Drain Facility Easement benefitting the City of Kenai per book 578, page 907, Kenai Recording District; Containing 0.43 acres+/-acres in Net. ·11. PURPOSE OF LEASE Pursuant to Ordinance 2021~32 the purpose of this lease Is for parking area (hereinafter called "ACTIVITIEStl). The allowed uses shall be in confonnance with of the LESSEE's Development Plan (. and the terms and conditions of any city zoning permits. Development Plan The LESSEE's Development Plan illustrates the type and location of Improvements, basic design and construction standards. landscaping features, rocation of utilities. and the nature of uses. The Development Plan approved under this lease describes the Kenai Peti'nsuta Boroogh, Alaska Real Property Leese -Martin/Cozy Sin Page1 Of11 scope of ACTIVITIES authorized by the lease. The intial approved development plan is incorporated by reference as Attachement A. a. Modification of Development Plan. The Development Plan may be modified by mutual agreement as necessary to advance the purposes of this lease. Modifications of LESSEE's development plan may be made through the written approval of the KPB Mayor of a modified development plan submitted by LESSEE to KPB in writing at least 60 days prior to anticipated modification of ACTIVITIES. Approved modifications shall be attached to this lease and effective upon the Mayor's written approval. Ingress and Earess Lessee may, at any time, have ingress and egress directly from Lessee's own property. As a revocable matter of permission, Lessee may have Ingress and egress along the existing driveway from Lawton Drive to the east of the lease area, until such time as permission is revoked in writing by KPB. Lessee has the option of developing a new driveway directly to Lawton Drive along the frontage of the lease area, subject to any permitting requirements of the local road authority. Ill. RECITALS AND RIGHTS RESERVED TO KPB 1. Nothing contained herein creates or implies any additional property interests, including easements or right-of-ways in the PROPERTY beyond the tenns and conditions of this LEASE. 2. The KPB reserves the right to require improvements to be removed by the LESSEE at the termination of the LEASE. 3. LESSEE shall not develop beyond what is specified in the development plan, unless approved in writing by KPB. 4. KPB reserves the right to authorize other land uses on the PROPERTY by easement or permit which do not unreasonably interfere with LESSEE's use. lV. TERMS AND CONDITIONS 1. Lease Tenn. This lease is for term of ten (10) years commencing September 1, 2021 and with an option to renew, by written mutual agreement, for a renewal term of ten (10) years. 2. Lease Rental. The annual lease rental for the first 5 years of this lease is $1,184.00, which Is based on 8 percent of the fair market appraisal of the net leased area. The annual lease rental for each successive 5-year period of the Kenai P1111n$U111 Borough, Alaska Real Properly Lease -Martin/Cozy Inn Page2Gf 11 lease shall be set at 8 percent of the fair market value. The KPB Assessing Department shall conduct the appraisal. Should lessee dispute the value of KPB's appraisal, then Lessee may obtain an appraisal from a professional independent fee appraiser upon which the parties can agree to adopt one appraisal, and if no agreement is reached then then the rate shall be set at the average of the two appraisals. 3. Defense and Indemnification. The LESSEE shall indemnify, defend, save and hold the borough, its elected and appointed offacer.s, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting trom LESSEE 's performance or failure to perform in accord wtth the terms of this permit in any way whatsoever. The LESSEE shall be responsible under this clause for any and all claims of any character resulting from LESSEE or LESSEE 's officers, agents, employees, partners, attorneys, suppliers, and subcontractors performance or ·failure to perform this agreement in any way whatsoever. This defense and Indemnification responsibility Includes claims alleging acts or omissions by the borough or its agents which are said to have contributed to the losses, failure. violations, or damage. However, LESSEE shall not be responsible for any damages or claims arising from the sole negligence or willful misconduct of the borough, its agents, or employees. 4. Liability Insurance. LESSEE shall purchase at its own expense and maintain in force at all times during the tenn of this lease the following insurance policies: Commercial General Liability: Policy to include bodily injury. personal injury, and property damage with respect to the property and the ACTIVITIES conducted by LESSEE in which the coverage shall not be less than $1 ,000,000.00 per occurrence or such higher coverage as specified by KPB. The policy purchased shall name KPB as an additional Insured with respect to the ACTIVITIES conducted on the property. Proof of Insurance: LESSEE shall deliver to KPB certificates of insurance. This insurance shall be prinary and exclusive of any other Insurance held by KPB. Fallure to provide the certificate of insurance as required by this section, or a lapse in coverage, is a material breach of the lease tenns entitling KPB to revoke the lease. 5 Waste. LESSEE shall not commit waste or injury upon the lands leased herein. 6 Fire Protection. LESSEE shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations Plge3of11 and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. 7 Safetv. LESSEE shall be solely responsible for maintaining the premises In a safe and frt condition. LESSEE is responsible for the safety of all persons conducting acHvities on the property under this lease. LESSEE agrees to provide the public with information regarding rules and regulations and other information pertaining to the property and the lease. 8 San itation. LESSEE shall comply with all laws, regulations or ordinances promulgated for the promotion of sanitation . The subject property shall be kept in a clean and sanitary condttion and every effort shall be made to prevent pollution of the waters and lands. Sanitary facilities shalt be in accordance with the State of Alaska, Department of Environment Conservation regulations . 9 Haza rdous Materials and Haza rdous Waste. Storage, handling and disposal of hazardous waste shall not be allowed on lands under lease from KPB per KPB Code, Section 17 .10.240(H). LESSEE shall comply with all applicable laws and regulations concerning hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein . In no event may LESSEE utilize underground storag e tanks for the storage or use of hazardous chemicals or other hazardous materials. Should any hazardous chen:iicals or hazardous materiafs of any kind or nature whatsoever, or hazardous wastes be released upon the subject lands during the term of this lease, LESSEE shall JMMEDIATELY report such release to the KPB Planning Director or other appropriate KPB official and to any other agency as may be required by law, and LESSEE shall, at lts own cost. assess , contain and clean up such spilled materials in the most expedient manner allowable by law. As used herein, "hazardous chemical" means a chemical that is a physical hazard or a health hazard. As used herein , "hazardous material11 means a material or substance, as defined in 49 C.F.R. 171.8, and any other substance detennined by the federal government, the state of Alaska or KPB , to pose a significant heaHh and safety hazard . As used herein, "hazardous waste" means a hazardous waste as identified by the Environmental Protection Agency under 40 C.F .R. 261 , and any other hazardous waste as defined by the federal government. the state of Alaska or KPB. Kenai Peninlula Borough. Alatll a Real Property Lease -MllftWCo%y m The covenants and obligations described in this article shall survive the tennlnation of this lease. 11. Compliance Wdh Laws. The LESSEE agrees to comply with all applicable federal, state, borough, and local faws and regulations. 13. Easements and Rjghts-of-way. This Lease Is subject to all easements, rights-of- way, covenants and restrictions of which LESSEE has actual or constructive notice. KPB reserves and retains the right to grant additional easements for utltlty and public access purposes acrosa the property and nothing herein contained shall prevent KPB from specificaUy reseniing or granting such additional easements and rights-of-way acro~s the property·as-may be deemed reasonable and nece&sary. As the parties agree that this is a reserved right which is reflected in the annual lease rental, in the event that KPB grants future additional enements or rights-of- way across the property, it is agreed and understood that LESSEE shall receive no damages for such grant. 14. lnsoections. LESSEE shaU allow KPB, through its duly authorized representative, to enter and inspect the leased premises at any reasonable time, with or without advance notice to LESSEE. to ensure compliance with the terms and conditions of this lease. KPB's right to enter and inspect shall be exercised at KPB's sole discretion and the reservation or exercise of this right, and any related action or inaction by KPB, shall not in any way impose any obligation whatSoever upon KPB, and shall not be construed as a waiver of any rights of KPB under this agreement. 15. Property Taxes. LESSEE shall timely pay all real property taxes, assessments and other debts or obligations owed to KPB. Pursuant to KPB Code, Section 17 .10.120(F) this agreement will tenninate automatically shou Id LESSEE become delinquent in the payment of any such obligations. 16. Assignments. LESSEE may assign this Lease only if approved in advance by KPB. Applications for assignment s~all be made In writing on a fonn provided by the Land Management Division. The assignment shaU be approved if it is found that all interests of KPB a·re fully protected. The assignee shall be subject to and governed by the terms and conditions of this lease and applicable laws and regulations. 17. Cancellation. At any tine that this Lease is In good standing it may be canceled In whole or in part upon mutual written agreement ·by the LESSEE and either the KPB Mayor or Planning Director when applicable. Kenai Penln1u1a BorouQtl. Alaska R9llll Prop9'1y Lease -MattWCozy Inn Page 5of11 This lease Is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. Lease lands shall be utilized for the purposes of the development, management. and maintenance of the SPARC facility within the scope of the terms and conditions of the lease and in conformity.with the lessee's development plan, applicable classification, and any land use or comprehensive plans. Utilization or development for other than the allowed uses shall constitute a violation of the lease and will become subject to cancellation. Failure on the part of the lessee to substantially complete the development plan of the land or to not be consistent with the proposed use and terms and conditions of the lease within two years of the .anniversary date of said lease shall constitute grounds for cancellation. 18. Termination . Upon termination of this lease, LESSEE covenants and agrees to return the property to KPB in a neat, clean and sanitary condition, and to immediately remove all items of personal property subject to the terms and conditions of paragraph 23 below. All terms and conditions set out herein are considered to be material and applicabte to the use of the property under this Lease. Subject to the following, in the event of LESSEE's default in the performance or observance of any of the agreement terms, conditions, covenants and stipulations thereto. and such default continues thirty (30) calendar days after written notice of the default, KPB may. cancel this lease, or take any .legal action for damages or recovery of the property. No improvements may be removed during the time in which the contract Is in default. In the event LESSEE breaches any provisions prohibiting the release of hazardous chemicals, hazardous materials or hazardous waste upon the property, and fails to immediately terminate the operation causing such release upon notiCe from KPB, then KPB may immediately terminate this lease agreement without notice to LESSEE prior to the effective date of the termination. 19. Violation. Violation of any of the terms of this lease may expose LESSEE to appropriate legal action including . forfeiture .of lease ·interest1 ,termination, or cancellation of Its interest in accordance with state law. · 20. Notice of Default. Notice of the default, where required, will be in writing and as · provided in the Notice provision of this agreement. 21. Entrv or Re::entrv. In the event that the Lease is terminated, canceled, or forfeited, or in the event that the demised lands, or any part thereof, should be abandoned by the LESSEE during the agreement term, KPB or Its agents, seNants or representative, may immediately or any time thereafter, enter or re-enter and l<enal Peninsula BonJugtl, Ala1k8 Real Property le•se -Martin/Cozy Inn Page6ol 11 resume possession of said lands or such part thereof, and remove all persons and property therefrom either without Judicial action where appropriate. by summary proceedings or by a suitable action or proceeding at law or equity without being &able for any damages therefor. Entry or re-entry by KPB shall not be deemed an acceptance of surrender of the contract. 22. Removal or Reversion of Improvements Upon Tenninatfon of lease . Improvements on the property owned by LESSEE shall, within ninety (90) calendar days after the termination of the agreement, be removed by LESSEE; provided such removal will not cause Injury or damage to the land; and further provided that the Mayor, or Planning Director when applicable, may extend the time for removing such improvemen1s·incases wheref1ardship is proven~ ;ThelESSee·tttay"cfrspose of its improvements to a succeeding lessee with the consent of the KPB mayor. If any improvements and/or chattels that are not removed within the ti me allowed , such improvements and/or chattels shall revert and absolute title shall vest in KPB . Upon request. the LESSEE shall convey said inprovements and/or chattels by appropriate instrument to KPB. 23. Rental for Im provements or Chattels not Removed . Any improvements and/or chattels belanglng to the LESSEE or placed on the land during Its tenure with or without its perm jssion and remaining upon the premises after the termination of the contract shall entitle KPB to charge a reasonable rent therefor. 24. Resale. rn the event that this Lease agreement should be terminated. canceled, forfeited, or abandoned, KPB may offer said lands for sale , lease, or other appropriate disposal pursuant to the provisions of KPB Code, Chapter 17.10 or other applicable regulations. 25. Notice. Any notice or demand, which under 'the terms of this Lease must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such other address to which such notice of demand shall thereafter be so gi\ten, made or malled. ·A notice given hereunder shall be deemed received when deposited fn a U.S. general or branch post office by the addressor. All notices shall be sent to both parties as follows: LESSOR Kenai Peninsula Borough Cozy Inn Kena i Peninsula Bonxlgh. Alaska Real Propetty Lease -Martin/Cozy lnR LESSEE Edward and Kathleen Martin, OBA Page 7of11 471 Planning Director 144 N. Binkley Soldotna, AK 99669-7599 35555 Kenai Spur Highway, PMB Soldotna, AK 99669 26. Responsibility of Location. It shall be the responsibility of the LESSEE to properly locate its self and its improvements on the leased lands. 27. Liens and Mortgages. LESSEE shall not cause or allow any liens of any kind or nature whatsoever to attach to the property during the term of this lease. In the event that any prohibited lien is placed against the property, LESSEE shall immediately cause the lien to be released. LESSEE shall immediately refund to KPB ·any monies that KPB may, at its sole discretion, pay in order to discharge any such lien, including all related costs and a reasonable sum for attorneys fees. For the purpose of interin financing or refinancing of the improvements to be placed upon the Jeased premises, and for no other purpose, a lessee may, upon written approval of the KPB, encumber by mortgage, deed of trust, assignment or other appropriate instrument, the lessee's interest in the leased premises and fn and to the lease, provided said encumbrance pertains only to the leasehold interest. 28. Non-Waiver Provision. The receipt of payment by KPB, regardless of KPB's knowledge of any breach by LESSEE, or of any default on the part of the LESSEE in observance or performance of any of the conditions or covenants of this agreement, shall not be deemed to be a waiver of any provision of the agreement. Failure of KPB to enforce any covenant or provision herein contained shall not discharge or invalidate such covenant or provision or affed the right of KPB to enforce the same in the event of any subsequent breach or default. The receipt by KPB of any payment of any other sum of money after notice of termination or after the termination of the agreement for any reason, shall not reinstate, continue or extend the agreement, nor shaH it destroy or in any manner impair the efficacy of any such notice of termination unless the sole reason for the notice was nonpayment of money due and the payment fully satisfies the breach. 29. Jurisdiction. Any suits filed in connection with the terms and conditions of this Lease, and of the rights and duties of the parties, shall be filed and prosecuted at Kenai, Alaska and shall be governed by Alaska law. 30. Savings Clayse. Should any provision of this Lease fail or be declared null or void in any respect, or otherwise unenforceable, it shall not affect the validity of any other provision of this Lease or constitute any cause of action In favor of either party as against the other. ~I Penin&Ula Borough. Alaska Real Property Lene -MaJttnlCozy Inn Page 8of11 31. Bindin g Effect. It i& agreed that all covenants, terms, and conditions of this agreement shall be binding upon the successors, heirs and assigns of the original parties hereto. 32 . Full and Final Agreemenl This agreement constitutes the full and f11at agreement of the parties hereto and supersedes any prior or contemporaneous agreements. This agreement may not be modffied orally, or in any manner other than by an agreement In writing and signed by both parties or their respective successors In jnterest. LESSEE avers and warrants that no representations not contained within this agreement have been made with the intention of inducing execution of this agreement 33. Warran tv of Authorlt\t. LESSEE warrants that the per5on executing this agreement is authorized to do so on behalf of Soccer Association of Homer. KENAI PENINSULA BOROUGH c~ Chadit P,. qr Dated: q 2.< m-~ ATTEST: ... APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ~f5 4 o L_ -> 5-~ Joi\lld Blankenship ~ _,Sic;..ea_n_Ke_lle.._y _______ _ Borough Clerk Deputy Borough Attorney Kenai Peninsula Bofougti, Alaska Rell Propetty le•• -MerUn/Cozy Inn P90 of11 NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )SS. THIRD JUDICIAL DISTRICT ) ':it\ The foregoing instrument was acknowledged before me this 'd' day of ~txnbtv' , 2021, by Charlie Pierce, Mayor of the Kenai Peninsula Borough. an Alaska municipal corporation, on behalf of the corporation. Q. l l 1 )rcdt; Q Notary Public in and for Alaska My commission expires: 4·11 · .:;)0~ K NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregping instrument was acknowledged before me this __.:.... __ . ~jLsAC' _,2021, by Ed Marin Jr, OBA Cozy tnn. OFFICIAL SEAL NOTARY PUBLIC PEGGY CLEMENTS STATE OF ALASKA Notary P b r n and for Alaska My commission expires: 7 · B \ · ZQZ.,,7-., Kenai Penll\Sula Borough, Alaska Real Property Lease -Mar11n1Coey Inn NOTARY ACKNOWLEDGMENT Page t0of11 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foi:egoing instrument was acknowledged before me this \a--\-""-day of ~ 2021, by Kathleen Martin, OBA Cozy Inn. OFFICIAL SEAi. NOTARY PUBLIC -M PEGGY CLEMENT::» .. STATE OF ALASKA Kenai Penlnlula Borough. Alaska Real Property Lease -Martin/Cozy Inn Page11 of11 P a r k n g A r e a L e a s e Map Martin Lot18lock4 ATTACHMENT A DEVELOPMENT Pl.AN ICatNeen ~ Martin DBACazylnn Malniw Address: JSSSS Kenll Spur Hwy., PMB 471 Soldan, AIC 996&9 Phy&lcal Addrass: 702 Llwton Dftn Kanai, AJC 996U EmaU: ke eco nstrUkl!on!k@vahoo.com Phone: (907)252-8113 Jule Denison, Land~ Techrtim ICenaf Peninsula BoraUlh 144 N. Bfnkley Street sotdotna, AK 99669 Ra: latter Dated 6/29/2021 via certified mall 7019 22800000 7i8S 7087 ApplJcatlon for Lind Use Paimlt and Ne.,Uated I.else' APN: 04901048 De8r Ms. Denlson, In rqards tit yaur letter requestll"ll mare Information as noted above: ..... ·· .. To @riv. the Land Use Permit and Negotiated Laasa are bath requested for the proposed La af the NW comer of APN 04901048 as parldna far student vehicles. Speclflcally, the students are ell adults attendlns CGmmerclal Drivers Uam11 and/or Basic Cfv11 Construction courses. HOWEVER. they are HOT attendlnt these courses• 35555 Ken•t Spur Hflhway fn SOidotna; that Is the loCltfon of our mall bax. They are attenc:Uns murses held at out 37200 Thom• Street property In starttns, AK. Tyacs ind guantitv of nhldls antfdpamd ts undnr you Aid; the vehtcles wUI bathe ltudents prfwately owned vehldes (Cll'S, vans, pick-up trucks, SWs). There can be up to 8 students in eadl class. so up to• total of 16 (W} SCUdent vehicles parktns on the raqUISlld property (Marcus Mueller computes .5 acres) at any one time. Each class Int 3 weeks, so the spedffc Vlhldes .,lrtc1111 on property wtU chanp as new classes bqfn with new students. PMlppment Plan USE& P1rfcl111 of Student owned vehlclas as desalbed above. Nlture pf rmarpyements; Oearfn& use of exl!tfns an-site material ar Imported lfl\'81 to meet requirements & log bumpers. . .. Estimated n'ie of lmproyenieng: $5,000.00 The property, APft. 04901048, had been cleared/used In the PMt by the rormer ownm of Irene's a&s. Some tnes have beaun ta llOW In the aru 1pln as you . would have noticed un vaur site visit. We would lllca tD mulch 10me of said trees ta provide a flat partdn1 area. A 34., vapt.atlon boarder of second powth can be left within the 50' ROW (we would llb to do this If you don't object), The area would be desfsnated as a parfclns area so that each student can be ustped a spedflc parking space. The propettywould be kept clean with reaular litter patrols and malntarned to kaep plant Hfe, Hice trees, from ....,.,wtn1 In the area we daar. 1ha astirnatecl vafue of the Improvements Is $5,000.00 Jn your letter you also asked that we not materially Interfere with ar hinder the City of Ken11r1 ablllty to manqe storm water. the Oty of ICenill's stDrm water tine Is located under1round In this na. We Wiii not be construc:tq anythlnt anto the site, nor wll we be fenclna in the site; we are lfmply lltirw to pBlt pllvatefyOWMd vehicles oa the lb. Qty of ICenal Munfdpat Code 14.20.250 you provided (4AI states bumper auards should be used where needed; we e1n use P1111afS ATTActiMENT A DEVELOPMENT Pl.AN fe"8thJ of 101 that can ba roted/moved out of their way should they need to dig up their One for replacement ar maintenance. A durabre, weH drained and dust free surface can be 1ccompUshed wtth sravel. We have no Intention of hlnderin1 any City of Kenai c=mploylt(sJ from acam to do his/her/their Jobts~ Site Plan Qrawtn1 fae E!hlbjtJ ~ B & g Exhibit A-detallad drawlna Eldllblt 8-smaler In scale to lfVe a durer vfew of ttre pruperty/pn>jact as a whole Exhibit c-Pboto taken from ICPB map site to show exact lacatfon of okl entrance/exit used by Iren .. s B&B. In your letter you state that the property Is located wfttlln the City rJf Kenai and die west half fs zoned Rural rasldentfaf; the east half Is mned Education -please provide me with the dacunentatlon. The Kanaf Penlnsula Barauah map site lrsttha property uses as •rnst1tvt10R1t.• I spoke with M1tcu1 Mueller about this and we both understood this property tD be "educational" In use ind therefore a good flt as we are lnt.ncRna tts use to be for tha parldns of students' vehtctes. rou go on to say th• pertel Is .subject to a SO" wide secttan llne easament atone the north boundary. I have made rrn.illlple calls to you far further lnformatfon/darfflcatlon because I need ta know where the SO' stirts/orflfnates to avoid the tataUty of It (the photo you provided Is too dlgttlllzed to see even the roadway dearly and there are no labeled reference paints). I understand you may be busy, but without a point of orlaln 1 laymln can understlnd, l have ta assume It be&lns at the centerUne of Lawton Drive. tf thts Is true, half ttte width of the road {16'~) plus a M foot veptatlan buffer wfll avoid the SD' section line easement. If I am Incorrect as to where the 50' section Une easement begins, we can shift the area on the She Plan DrlWlrw, with your assistance to ldentffV where It 1ctualfy Is, to make It avoid the area. As )'OU ca" see on tha Sile Plln Drawfns enclosed, I have drawn out 24 (U'x20') parklna spaces In • herrtnpoM! pattern. A typlcal parsoMlfv awMd plck·up truck measures 6.9'x20' -1hfs wll allow Cur plenty of space ID open doors wtthout dentlngfscratchlna the vehicle that may be tn the nefshborl111 spaces. We can keep the deslsn at 24 spaces to alfow for fUture dass arowth or we can eRmlnate spaces ta avoid the 50' sectlan llne easement If necessary. The parking spaces can also be shifted west to ust If necemrr, we are wfltng to work wlth ycu ro 1cmmplfsh whatever wm work. I9 dlr!fvthat we rud !tld •re Rnnlng to be consfstlnt with the City of !(en1I Munldpal Code 14.20.250 Off Street PtddnR Ind Loadln• R!mlfreml!Otsj {a) For commercial development, there shall be provided at the time of construction of any main building or at the time of the altaation. enlargement, or change bl me of any main buildina, permanently mahdained off. !llreet parking facilities for the use of occupants, employees~ or patrons of such building. It is the joint ud several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimwn free olf..street paddns flcWties as required in this section. We purchased an existing structure buflt In 1976 that was used as Irene's B&B. We are trying to provide parking as required that the prior owners dkt not have. (b) No existing parking area and no parking area provided for the purpo5e of complying with the provisions of tbls chaplOI' shall hereafter be relinquished or red~ in any manner below the requirements herein established . OK. (1) Site Plan Submission. A site plan showing all parking and loading mas shall accompany all appllcations for buildfna permits. The plan shall allow dimensions of spac:ea. curb cuts, aod other information nHf'981Y to dctel11llne compliance wilh the provisions of this chapter. The administrative ofticlal shall approve or mject lhe aite plan on the buis of compliance with 1he requirements of this chapter. No certificate of zoning compliance and buildina permit shall be issued unless the parking site plan is approved. Pa1e2ofS 2 ATTACHMENT A OEVELOPMENT Pt.AN We do not need a buildtng permit. A site plan has been Jnduded to show the dimensions of spaces. A curb cut Is not necessary to utilize the egress from our 436 Rogers Road lot (bade yard). A curb cut wQf be netessary lf the Kenal Peninsufa Boraush ls willina to allow us to utifize the aid access shown in Exhibit C (marked with blue dot) off of Lawton Orive. (2) Joint Parking Areas. Where there is more lhan one (1) use in a single structwe or on a site (e.g.. doctor. attorney, and n:tail grocery) or two (2) or more separate instamles of1hesmne use. off--screet parking Nquirements sball he the sum or the requirements for 1he various uses: provided however. dlat where two (2) or more uses provide a sinale joint parking area, and their total n:quiml spaces totals twarty (20) or more, the minimum requin:ment will be CYCnty-five pen:cnt (75%) or tho sum of the requilements for the various computed separately. Doe5n't apply; no joint parking area. (3) Location of Parldng. AtrY ,.rkii.ta $Pl.Cl8 provided p'PrSU&Dt to this section shall be on the same lot with the main use it serves or on an adjoining lot except tbi:t the COmmission. by a conditional U8C permit as specified iD this chapter. may allow patina spaces on 8D)' lot If it is determined Chat it is impractical to provide parking on the same or adjoining IOt. lmpractlcal; need 16 spaces. That is why we have applfecf ta tease property from the adjoining lot. (4) Desisn Standanls. (A) All parking lo1S shall be provided with a durable, \Vetl-dmin~ and dust·m surf8ce and shall have appmpriaSe bumper gWlftls where needed; This can be accomplished with gravel. ff the cttv of Kenai wants us to have bumper guards we can use loas that can be ratted/moved out of their way tf they should need to dig up thelr Une for repalr/reptacement (8) ParkJng areas and &oat yards as defined in IC.MC J 4.20.320(b). which includes the required parking spaces, 1u commercial use areas shall not be used for storap, n:pair work or any purpose other than parking, landscaping. sipage, or sales displays. A non-confonning use of parking areas and ftont yards prohibited by this section sbaU be made to conform to this section within a period of one (I) year after adoption of the ordinance cOdified in tis sc:cdon. OK. Exception: Semi-llailers or containers may be parked in these meas for no mon: than thirty (30) ~ days co facilitate unloading. Trucking terminals and bona fide construction sites are exempt; N/A No seml·trallers (C) Any lighting of parking Jots shall be anuged 10 reflect away fiom public riahis-e>f·way· and from any adjoining residential areas; No lighting (D) Curb cuts shall be located so as to avoid traffie hazards and shall be approved by the administrative official; OK -please let me know if a curb cut at the afore mentioned old entrance/exlt point on Exhibit C would be considered a traffic hazard. I don't believe It would be. (S) Interpretation of Space Requirements. If a use is not specifically mentioned In dais secdon, the adminislrlltive oflicial shall detennlne the most similar use·whlch is specifically meadaned. Parking n:quirements shall be the same as for that use; Olt Paga I of5 A1TACHMENT A DEVELOPMENT PLAN (6) Exception to tbis Section-Public Parkins Lo&s. Notwithstlndina other provisions of 1bis section, when a use is located within three h.undn:d feet (300') of an existing or planned public lots, tile otf-stn:at parking requirements of this chapter may be met it under tbe procedum specified in this chapter, the Commission issues a condidODBl use permit stating that the following conditions have been met: The dosest Public Parlcfn1 lot is the City of Kenaf Multipurpose Fadlitv (9775 Kenai Spur Hwy.). It fs Kn>SS l.ftlton Drive from our property and does not abut our property. I have no Idea what typeS of events they may host, how much "extra" parking area they may have, etc. (A) The public parking lot exists within reaonable dislanc:e of the use, or plans for the public parkina tot are sufticiently advanced to pve reasonable assurance that die lot wiU be in use within one (1) year of the time of iuuaoce of the conditional use permit; (B) 1be owner and/or occupu1 of the use in question shall sip a covenant agneing to join ID assessment dfstrict to pay for the public puking lot; (C) The public pmldna: lot bas or will have sufficient capacity to accommodate the use in quesdon plus other partina needs of existing and potential uses within a reasonable: distance of du: lot. The Commission shall use die off-street parking iequirement as cited above to estimate the parting spaces needed within a reasomble dis1ancc Df 1he lot. · (7) Off-Streat Loading. Every building or structure used for buslnea, tnul~ or indUSll)' and normally requiring truck loadin1 or unloading with respect to die use, shall provide spm:e u min indicated for the loadiq and unloadinc of vehicles off the street or public alley. Such space shall have access to a public alley, ar, if there is no alley, to a stJeet. Off-street IOldio& and unlDlldiq spmce shall be in addition to ad not considered as meeting a part uf tha Nquirement for oft'-lftet parking space . Off.street loadin1 and unloadin& space shall not be used or designed, intended. or eomtruc1ed to be used in a. manner to obstmct or interfere with the he use of my S11'Cet or adjoining property. The minimum off-stieet loading and unloading space required fi>r specific uses shall be u follows: No off~street loading. (A) Relail bminess and service ~i.shments shall provide one off•street IOlding amt unloadiag space at least ten feet (IO') wide and thirty.aipt feet (38') IOIJI with a fi>urteen·tbot (14') height clearam: per lna1diog; (B) Industrial plants shall pmvide one off-stieet loading and unloading space for each twenty thousand (20,000) square feet of gross floor area. Each loading space shall be minimum of twelve feet (12') wide and fifty feet (SO') long wieh a fourteen.foot (t4i height clearance; (C) Trucking terminals shall provide one off-street IOl&ilng and unlOlding space for every five thousand (5 ,000) square feet of total floor ma used for storage, wmehousina, and sldppiag. Each loadina space shall be a minimum of fourteen feet (14') wide and sixty-five feet (6S') long with fourteen-foot (14') clearance. (8) Off-Street Parking Requirements. DWELLING AND LODGING M1NIM11M NUMBER OP PARKING SPACES REQUIRED Lodges, mominglboardlna ho~ dormi1oriea. bed and One {l) par principal dwellina wait and breakfast, and other structures containing &Jeeping one (J) per pest room or one fbr eveey rooms other than, or in addition to dwellinJ units two (2) beds whichever is grater. Mobile home Jllfks Two (2) per mobile home. Motels, hotels and cabin rentals One (1) per unit plus two (2) si-es. 4 P1p4ofS ATI'ACHMENT A DEVELOPMENT Pl.AN DWELLING AND LODGING MINIMlJM NUMBBR OF PARKING SPACES REQlJIUD Multiplc-&mily dwcllinp, mRmcnt homes and otbm One (1) per eftlclmcy unit; ad two (2) pi.a containing multiple dwelf'IJll ails per odm units. :1:.~mnp, two-fimily dwelliapaxl Two (2) per dwelling units. Qmlopment I Construction Ifmetable The 2 starap bulldlnp you mentioned as In trespass have been movect, they were placed there by the prior ownen apic. 21 years ap. We had our 2 lats surveyed so we could be 1ssured that we moved them completely onto our property. See photo balaw. We are readV for your site vfsft. PapSofS 5 I ·! 1 r ! i . . I ~r ! I I 9 1 0 •· 0 ~ ; I 0 r--· --· I I l I I I r l AlTACHMENT A DEVELOPMENT Pl.AN I -. ~-5·· smfr 1 " j r-I -----'----lt-S-------~ --i-I I . i ' J_ J . ... .... CllyUmlls Hlghwllp Mllol'Rold• Roads T_N.,._V... T_,.l.-s.-ilt;01191 ......... P8'Clll -· Aid llld.1 a a.-...._2 ....... :I TIM map 1 .111ser gelll!r~ted MIC °"'fJU1 ~om an lnl!lnel m~pping ~II: .lllld is for 1el~e11ct on>, Dau 1¥rs rh21 iPPf• c.in '™' INP mqorfllq ncr !==========: be '"111111.' tvut>nt oi a1herf.oi1t ,_.1blr n ~ not ta be used ror N'll9i1l•GI' Notes DATE PRINTED: 7/6/2DZ1 Map anm Lnton ciw.. •'6 RCl9llS Road and 750 Lawlan l>IM