HomeMy WebLinkAboutResolution No. PZ2022-11
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: May 5, 2022
SUBJECT: PZ2022-11 – Conditional Use Permit – Day Care Center
Applicant: Stephanie Nella Lenzini-LeBaron
502 Ash Avenue
Kenai, Alaska 99611
Legal Description: Lot 1, Block G, Woodland Subdivision Part One
Property Address: 502 Ash Avenue
KPB Parcel No: 04326047
Lot Size: .34 Acres (14,810 square feet)
Existing Zoning: Suburban Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Suburban Residential
GENERAL INFORMATION
Kenai Municipal Code 14.20.230(b)(2) provides that a day care of no more than eight (8) children
under the age twelve (12), including children related to the caregiver is allowed with a Home
Occupation Permit. The applicant wishes to operate a day care with a maximum of 12 children;
therefore, it is necessary for the applicant to obtain a Conditional Use Permit for a Day Care
Center, which The Land Use Table provides as a conditional use in the Suburban Residential
zoning district. “Day care center” means an establishment where child care is regularly provided
for children for periods of less than twenty-four (24) hours, including the building housing the
facility and adjoining areas, and where tuition, fees, or other compensation for the care of the
children is charged. The applicant has been in contact with Jeremiah Hamilton, Fire Marshal, for
the City of Kenai, to schedule a fire inspection.
Page 2 of 5
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: By providing a childcare facility in the community that can accept
state assistance for payment and help families in the community in need of reliable and
close childcare.
Staff Response: The proposed Day Care meets the intent of the Suburban Residential
Zone (RS) to provide for medium density residential development in areas which will be
provided with common utility systems. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate light, air,
and privacy;
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The existing home is consistent with the intent of the Suburban Residential District by
preserving a medium density residential neighborhood with a site design that provides
light, air, and privacy between neighboring parcels via lot setbacks, trees, a grass lawn,
and back yard fencing. While a Day Care Center would generate consistent vehicle trips,
it would likely not generate heavy traffic. KMC 14.22 Land Use Table permits a single
dwelling house on a Suburban Residential property.
The Land Use Table provides that Day Care Centers are a conditional use; therefore, a
conditional use permit must be granted for the operation of a Day Care Center. The
applicant has provided a site plan that provides the layout of the premises.
Page 3 of 5
Criteria #2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Applicant Response: By adding a childcare facility to the neighborhood I will increase the
safety of the neighborhood by providing a safe location for children to be attended by a
licensed provider. I will also be adding to the general moral of the neighborhood, giving
local families a place they can depend on.
Staff Response: The parcels located to the north and west of the subject property contain
single family dwellings. The parcels located to the east and south are vacant parcels with
trees and wetlands. The economic and noneconomic value of adjacent properties should
not be significantly impacted by this change.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: The use of the property will be in harmony with the City's
Comprehensive Plan by providing a vital service to the community and contributing to the
economic development to the city of Kenai. In doing so I will also be providing reliable and
affordable childcare so parents and caregivers can also attend economically progressive
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 subject parcel has similar land use, lot size and orientation, City water and wastewater
connections, and medium density as neighboring properties. Ash Avenue is paved with
no sidewalks.
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. The single family home where the Day Care Center operations
would take place, is in harmony with the site design and layout of the Suburban
Residential Zoning District.
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai. Day Care Centers contribute to the economic vitality of the City by
Page 4 of 5
providing for child care during working hours for parents. The availability of child care can
have a significant impact on the ability of parents to maintain employment.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: Yes.
Staff Response: The residence located at 502 Ash Avenue is connected to City water and
sewer services, and has access to natural gas, electricity and telephone services. Ash
Avenue is a paved road which is maintained by the City of Kenai. The operation of a Day
Care will not have an impact on these services.
Criteria #5: The proposed use will not be harmful to the public safety, health or welfare.
Applicant Response: The use of the property will be to add safety and care to the
communities children and their families.
Staff Response: The operation of a Day Care Center will not be harmful to public safety,
health, or welfare. Staff believes that services are available to adequately serve this use
will be harmful to the public safety, health or welfare of the community.
Criteria # 6: Specific conditions deemed necessary.
Applicant Response: No.
Staff Response: See Conditions of Approval as set forth below.
RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as
set forth in subsections (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. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
4. The applicant will meet with City staff for on-site inspections when requested.
5. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
6. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
Page 5 of 5
ATTACHMENTS
A. Application
B. Site Plan
C. Aerial Map
State:Zip Code:
State:Zip Code:City:
City:
PETITIONER REPRESENTATIVE (LEAVE BLANK IF NONE)
Mailing Address:
Phone Number(s):
Email:
Name:
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
Legal Description:
How is this property currently being used?
Zoning:
Acres:
CONDITIONAL USE DESCRIPTION
(include site plan/floor plan with square footages)
(include State Business License and KPB Tax Compliance if applicable)
Conditional Use Requested for (attach additional sheets if necessary):
PROPERTY OWNER
Mailing Address:
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
Conditional Use Permit
Application
Name:
PROPERTY INFORMATION
Physical Address:
Phone Number(s):
Email:
Kenai Peninsula Borough Parcel # (Property Tax ID):
Signature:Date:
Print Name: Title/Business:
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?
Use of surrounding property - north:
Use of surrounding property - south:
Use of surrounding property - east:
Use of surrounding property - west:
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
Explain how the conditional use will not be harmful to public safety, health, or welfare:
Are public services and facilities on the property adequate to serve the proposed conditional use?
Date Application Fee Received:
PZ Resolution Number: For City Use Only
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.
Conditional Use Permit
Application
CHECKLIST
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
Evaluate uses allowed in your zoning district. Information on zoning is available at
kenai.city/planning/page/zoning.
Submit completed application form. The application form must include an attached site
plan/floor plan with square footages of all structures on the property and parking areas. If
applicable, include a State Business License and a KPB Tax Compliance Form with the
application.
Intents of zoning districts are at kenai.municipal.codes/KMC/14.20.
Information about the Comprehensive Plan is at kenai.city/planning/page/comprehensive-plan.
Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax).
City staff will evaluate your application following Kenai Municipal Code 14.20.230
(kenai.municipal.codes/KMC/14.20.150). Please answer questions from City staff about your
application.
Meet with Fire Marshall for inspection of premises (if necessary).
The Fire Marshal will contact you to arrange an inspection.
Post sign on your property and confirm the posting with the City. Planning staff will contact you
and provide a sign stating a conditional use permit application has been submitted. The sign
must be posted at least 10 days before the Planning & Zoning Commission meeting.
Attend Planning & Zoning Commission meeting (not mandatory, but recommended).
Attendance is beneficial so you are able to answer questions of the Commission.
15-day appeal period of the Planning & Zoning Commission's decision.
Thank you for choosing the City of Kenai!
Please contact the Planning & Zoning Department with application questions.
•All of the first floor will remain as private residential space. Occupied by Stephanie, Bryce, &
Kaladin LeBaron.
•All of the lower level will be used for the daycare facility.
•Outside spaces will be shared residential and commercial use.
•All residential cars will be parked in the attached garage.
•Any cars parking temporarily to drop-off or pick-up children will park in the driveway.
PZ2022-11 C UP Day Care Cente r502 Ash AvenueParcel 0432604 7
ASH AVEF I F T H AV E
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 4020 Feet
LEGEND
Su bject Parcel
Date: 5/5/2022