HomeMy WebLinkAboutResolution No. PZ2021-41KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-41
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR THE USE
OF A HOTEL, GUIDE, AND BOAT PARKING IN THE RURAL RESIDENTIAL ZONE TO:
APPLICANT: Wild Kenai Adventures, LLC dba Hi Lo Charters
PROPERTY ADDRESS: 1105 Angler Drive
LEGAL DESCRIPTION: Lot 6, Anglers Acres, Subdivision Part 3
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939034
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on November 22, 2021; and,
WHEREAS, the application affects land zoned as Rural Residential; and,
WHEREAS, the application meets the requirements of Kenai Municipal Code 14.20.150(5)
stating conditional use permits may be transferred from one owner to another for the same use;
and,
WHEREAS, the Planning and Zoning Commission finds:
1. The transferor has complied with the conditions of the existing Conditional Use Permit
PZ05-26; and,
2. The transferee will comply with the conditions of the existing Conditional Use Permit PZ05-
26; and,
3. The transfer of the conditional use permit would not change the use of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the conditional use permit granted under PZ05-26 is transferred to Wild Kenai
Adventures, LLC.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to
the 31st day of December of each year.
Resolution No. PZ2021-41
Page 2 of 2
3. The applicant will meet with City staff for on-site inspections when requested.
4. 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(1)(5).
5. 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.
6. All conditions of PZ05-26 will be met.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 8th day of December, 2021.
ATTEST:
JEFF TAMT.CHAIRPERSON
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: December 2, 2021
SUBJECT: PZ2021-41 – Conditional Use Permit Transfer – 1105 Angler Drive
Applicant: Wild Kenai Adventures, LLC
747 SE Dover Ln
Madras, OR 97741
Legal Description: Lot 6, Anglers Acres, Subdivision Part 3
Property Address: 1105 Angler Drive
KPB Parcel No: 04939034
Lot Size: 1.0 Acres (Approximately 43,560 sf)
Existing Zoning: Rural Residential
Current Land Use: Residential Dwellings
Land Use Plan: Rural Residential
GENERAL INFORMATION
Blue Heron Enterprises, LLC hold a conditional use permit to operate a Hotel, Guide, and Boat
Parking in the Rural Residential Zone. The City has received an application to transfer the
permit to Wild Kenai Adventures, LLC dba Hi Lo Charters. On November 22, 2021, the
Transferee submitted an Application for Transfer of Conditional Use Permit to follow Kenai
Municipal Code (KMC) 14.20.157(a) requiring an application for transfer in writing.
Page 2 of 3
ANALYSIS
On May 11, 2005, the Planning and Zoning Commission passed Resolution PZ05-26 for the
conditional use of a Hotel, Guide, and Boat Parking. The permit was issued to Bryan Lowe dba
Hi Lo Charters & Riverside Lodge, subject to the following conditions:
1. That an application meeting the requirements of Section 14.5020.has been submitted and
received on: April 20, 2005.
2. This request is on land zoned: RR -Rural Residential.
3. That the applicant has demonstrated with plans and other documents that they can and
will meet the following specific requirements and conditions in addition to existing
requirements:
a. Provide DEC certification for on-site septic system.
4. That the Commission conducted a duly advertised public hearing as required by
KMC 14.20.280 on: May 11, 2005.
5. Applicant must comply with all Federal, State, and local regulations.
Kenai Municipal Code (KMC) 14.20.150(l)(5) states the following on transfers of conditional use
permits:
KMC 14.20.150(i)(5) Transferability. A conditional use permit is not transferable from one (1)
parcel of land to another. Conditional use permits may be transferred from one (1) owner to
another for the same use, but if there is a change in use on the property, a new permit must be
obtained.
There are no outstanding conditional use permit code violations for 1105 Angler Drive, and
therefore, the conditions of PZ05-26 are considered being met. The new permit holder would
continue to operate under the terms and conditions of the original Conditional Use Permit
PZ05-26. There will not be a change in use.
RECOMMENDATIONS
The transfer of Conditional Use Permit PZ05-26 for a Hotel, Guide, and Boat Parking meet the
requirements of Kenai Municipal Code 14.20.150(l)(5) and 14.20.157(a). City staff recommends
approval of the transfer of Conditional Use Permit PZ05-26, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
3. The applicant will meet with City staff for on-site inspections when requested.
4. 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).
5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination
Page 3 of 3
or interruption of the use for a period of at least one year.
6. All conditions of PZ05-26 will be met.
ATTACHMENTS
A. Conditional Use Permit PZ05-26
B. Application
C. Aerial Map
tip' ~- _ CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ45-26 (PZ96-9)
the~t~a~' CONDITIONAL USE PERMIT
n~ sKn
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Bryan Lowe dba Hi Lo Charters & Riverside Lodge . ,, , _,.
USE Hotel. Guide, & Boat Parking _ ,
LOCATED 1105 Angler Drive -Lot 6. Angler Acres Subdivision,Part 3
Street Address/Legal Description)
ICENAI PENINSULA BOROUGH PARCEL NO: 04939034
WHEREAS, the Conunission finds:
That an application meeting the requirements of Section 14.20.150 has been submitted
and received on: A ril 20 2005
2. This request is on land zoned: RR -Rural Residential
That the applicant has demonstrated with plans and other documents that they can and
will meet the following specific requirements and conditions in addition to existing
requirements:
a. Provide DEC certification for on-site septic system.
4. That the Commission conducted a duly advertised public hearing as required by KMC
14.2D.280 on: Ma 11 2005.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED HOTEL, GUIDE, & BOAT PARKING
MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE
THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE
THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, Ma~l,l, 2005.
CHAIRPERSON: ATTEST:
PZ2021-41 CUP Transfer1105 Angler Drive
ANGLER DR.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 8040 Feet
LEGEND
Su bject Parcel
Date: 12/2/2021