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Home My WebLink AboutResolution No. PZ2021-42711, JCV KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-42 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 (SHORT-TERM RECREATIONAL RENTALS) IN THE RURAL RESIDENTIAL ZONE TO: APPLICANT: Wild Kenai Adventures, LLC dba Hi Lo Charters PROPERTY ADDRESS: 1230 Angler Drive LEGAL DESCRIPTION: Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939049 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 PZ06-84 (PZ01-11); and, 2. The transferee will comply with the conditions of the existing Conditional Use Permit PZ06- 84 (PZ01-1 1)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 PZ06-84 (PZ01-11) 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. Resolution No. PZ2021-42 Page 2 of 2 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31 st 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(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 PZ06-84 (PZ01-11) will be met. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of December, 2021. ATTEST: JAMIE HEINZ -MMC, CITY CLERK -- 'V JE F IT, CHAIRPERSON eft STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 2, 2021 SUBJECT: PZ2021-42 – Conditional Use Permit Transfer – 1230 Angler Drive Applicant: Wild Kenai Adventures, LLC 747 SE Dover Ln Madras, OR 97741 Legal Description: Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2 Property Address: 1230 Angler Drive KPB Parcel No: 04939049 Lot Size: 1.62 Acres (Approximately 70,567 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 (Short-Term Recreational Rentals) in the Rural Residential Zone. The City has received an application to transfer the permit to Wild Kenai Adventures, LLC. 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. ANALYSIS On December 13, 2006, the Planning and Zoning Commission passed Resolution PZ06-84 (PZ01-11) for the transfer of a conditional use of a Hotel (Short-Term Recreational Rentals). The permit was transferred to Blue Heron Land Company, LLC, subject to the following conditions: Page 2 of 2 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 2001 for Hotel (Short-term Recreational Rentals). 2. That KMC 14.20.150(i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on November 20, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 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 1230 Angler Drive, and therefore, the conditions of PZ06-84 (PZ01-11) are being met. The new permit holder would continue to operate under the terms and conditions of the original Conditional Use Permit PZ06-84 (PZ01-11). There will not be a change in use. RECOMMENDATIONS The transfer of Conditional Use Permit PZ06-84 (PZ01-11) for a Hotel (Short-Term Recreational Rentals) 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 PZ06-84 (PZ01-11), 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 or interruption of the use for a period of at least one year. 6. All conditions of PZ06-84 (PZ01-11) will be met. ATTACHMENTS A. Conditional Use Permit PZ06-84 (PZ01-11) B. Application C. Aerial Map v.~;~~~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-84 (PZ 01-11) ttie"~°f TRANSFER OF CONDITIONAL USE PERMIT KENA~ SKA HOTEL SHORT-TERM RECREATIONAL RENTALS) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR HOTEL (SHORT-TERM RECREATIONAL RENTALS) AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE FROM: BRYAN R. LOWE TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC FOR THE PROPERTY KNOWN AS LOT 1, BLOCK 2 ANGLERS ACRES SUBDIVISION, ADDITION NO. 1 PART 2, KENAI, ALASKA. WHEREAS, the Commission finds: 1. That a Conditional Use Permit was granted to Bryan R. Lowe, Hi-Lo Charters, in 2001 for Hotel (Short-term Recreational Rentals). 2. That KMC 14.20.150 (i)(4) requires that a written request for transfer be submitted. 3. A request to transfer the permit was received on November 20, 2006. 4. That the transfer requires that the permit continue operation under conditions originally outlined. 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 CONDITIONAL USE PERMIT FOR BRYAN R. LOWE DBA HI-LO CHARTERS FOR HOTEL SHORT TERM RECREATIONAL RENTALS) BE TRANSFERRED TO HAL WESTBROOK, MEMBER OF BLUE HERON LAND COMPANY, LLC. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AT THEIR SCHEDULED MEETING DECEMBER 13, 2006. AIRPERSON AT ,.SST NOV. 15.Ze06 3~43PM CITY 0~ KENAI N0. 000 P.zi3 CITY OF KENAI PLANNING AND ZONING C(~MMtSSION R>~S~LUTION NO. PZ01-11 CONDITIONAL. USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REO.UEST FOR A CONDITIONAL USE PERMIT T0: NAME: Brian Lowe - HLLo Charters ..._..__________~ _ USE Hote! -Short-term Recreational Rentals LOCATED_ 1230 Analer Drive -Lot 1, Block, 2 Anglers Acres Subdivision, Part? Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL N0: 04939049 _ ~.J ._ WHEREAS, the Commission finds: 1 .. That an application meeting the requirements of Section 1 X1.20.150 has been submitted and received on: March 7, 2001 _"______. . 2. This request is on land zoned; _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 . ~ c. z. G~ `{'i-Lt' c 1, c,. c~ . b. 4. That a duly advertised public hearing as required by KMC 14.20.2£i0 was conducted by the Commission on: March 28, 2001 __~_ ,~ NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS pEMONSTRATED THAT TI-{E PROPOSED HOTEL (SHORT-T1wRM RECREATIONAL. RENTALS) MEETS T~{E CONDITIONS REQUIRED FOR SAID OPERATION AND "THEREFORE THE COMMISSICIN DOES AUT!-IORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPRUPRIATC PERMIT. PASS~p BY THE PLANNING AND ZONING (;OMMISSION OF THE CITY OF KENAI, AL615KA, IVIARCH.z8 , 2401. r~~ ~ ,~~~ CHl`-IRPERS N: t _ 6-~ Yy~"~""f! .~~? ~.~ _ Q , ~ /1 iJOV.15..?_706 3~43PM CITY 0~ KENAI P .7.01-11 Page 2 N0. deb P.:~i3 3.. Additional resluiremen~ts; a. Develop water and sewer system as submitred with application to meet D.E,C. standards for the proposed use, b. Prior to implementation of use, the structures must be inspected bey the City of Kenai Fire Marshal and meet fire code requirements for proposed use. After initial inspection, as long as the use is active, stractures must be inspected eveYy two years thereafter.. c. If food service is provided, must meet D.E.C.. requirements for food service, PZ2021-42 CUP Transfer1230 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