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Home My WebLink AboutResolution No. PZ2022-19700, "'Ok- KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2022-19 TRANSFER OF CONDITIONAL USE PERMIT PZ12-22 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 AN ASSISTED LIVING FACILTY IN THE SURBURBAN RESIDENTIAL ZONE TO: APPLICANT: ASPEN CREEK KENAI LLC. USE: ASSISTED LIVING FACILITY LEGAL DESCRIPTION: TRACT 36A. KILLEN ESTATES 2014 REPLAT PHYSICAL ADDRESS: 701 N. FOREST DRIVE (BUILDING 1) KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on July 15, 2022; and, WHEREAS, the application affects land zoned as Suburban 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 Permits PZ12-22; and, 2. The Transferee will comply with the conditions of the existing Conditional Use Permits PZ12-22; and, 3. The transfer of the conditional use permit will not change the use of the property. Resolution PZ2022-19 Page 1 of 2 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 PZ12-22 is transferred to ASPEN CREEK KENAI LLC. Section 2. That the conditional use permit is subject to the following conditions: A. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. B. Applicant must comply with all Federal, State and local regulations. C. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). D. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of July, 2022. 1 JEFF IT, CHAIRPERSON ATTEST: -- L-2�41 MICHELLE M. ER, MMC, CITY CLERK Resolution PZ2022-19 Page 2 of 2 KFNAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.28.3.7535 1 www.6naixity STAFF REPORT TO: Planning and Zoning Commission FROM: Max Best, Interim Planning Director DATE: July 27, 2022 SUBJECT: PZ2022-19 and PZ2022-20 — Transfer of Conditional Use Permit PZ12-22 and Transfer of Conditional Use Permit PZ15-24 Applicants: J. A. C. Enterprises, Inc., Transferor P. O. Box 2829 Kenai, AK 99611 Aspen Creek Kenai LLC, Transferee 701 N. Forest Dr. Kenai, AK 99611 Legal Description: Tract 36A, Killen Estates 2014 Replat Property Address: 701 N. Forest Drive KPB Parcel No: 04321030 Lot Size: Approximately 4.62 acres (201,247 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Assisted Living Facility I Land Use Plan: Neighborhood Residential GENERAL INFORMATION The Planning and Zoning Commission granted Conditional Use Permit (PZ 12-22) to Clint Hall on August 8, 2012, for an Assisted Living Facility (Building 1). On July 17, 2013, Clint Hall subsequently conveyed the property to J. A. C. Enterprises, Inc. The corporation was incorporated on July 23, 2012, and the 2021 biennial report indicates that Clinton D. Hall is a 100% shareholder in said corporation. The corporation is in good standing with the State of Alaska, Corporation Section. J. A. C. Enterprises, Inc. has a current business license and is current with any obligations to the Kenai Peninsula Borough and the City of Kenai. The Planning and Zoning Commission granted Conditional Use Permit (PZ 15-24) to Clint Hall on August 26, 2015, for an Assisted Living Facility (Building 2) The Assisted Living Facility commonly known as Charis Place was conveyed to Brooks Holding LLC and Miriam, LLC on December 30, 2021. A Lease was executed between Brooks Holding LLC and Miriam LLC, Lessors, and Aspen Creek Kenai LLC, Lessee, for the lease term of twenty- five (25) years. Aspen Creek Kenai LLC was incorporated on July 7, 2021. The 2021 biennial report indicates that Aspen Creek Kenai LLC is owned by Brooks Holding LLC and Tirzah LLC, each as to a fifty percent (50%) interest. Aspen Creek Kenai LLC is in good standing with the State of Alaska, Corporation Section. Aspen Creek Kenai LLC has a current business and is current with any obligations to the Kenai Peninsula Borough and the City of Kenai. On July 15, 2022, an Application for Transfer of Conditional Use Permit was submitted by Transferor, J. A. C. Enterprises, Inc., and Aspen Creek Kenai LLC, Transferee, pursuant to Kenai Municipal Code as set forth below: • KMC 14.20.150(i)(5) 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. KMC 14.20.158(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. The transferee, Aspen Creek Kenai LLC, agrees to operate under the terms and conditions of the original Conditional Use Permit PZ12-22 and PZ15-24 granted by the Planning & Zoning Commission. RECOMMENDATIONS Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ12-22 and PZ15- 24, subject to the original conditions as set forth on the original permit and additional conditions, as follows: A. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. B. Applicant must comply with all Federal, State and local regulations. C. Applicant shall file an annual report for the Conditional Use Permit as set forth in Page 2 of 3 The City of Kenai I www kenaixity Kenai Municipal Code 14.20.150(f). D. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). ATTACHMENTS A. Application B. Aerial Map Page 3 of 3 The Ci f Kenai ;C17110 City o ena I www.kenai.city City of Kenai Transfer 4� Planning and Zoning Department 21.0 Fidalpo Avenue i Conditional Use Permit Kenai, AK 99611 (907) 283-8200 Application planning@kenal.dty www.kenei.citylplanning Current CUP Holder (Transferor): (Mailing Address: City; State: Tap Code: Phone Number(s): Email: a-- TRANSFEREE Proposed New CUP Holder (Transferee): Mailing Address: City: State: jZlp Code: IQom' (Phone Number(s): - iEmail: 1' PROPERTY INFORMAMN Kenai Peninsula Borough Parcel # (Propery Tax ID). (Physical Address: 10 1 N. f i RLg{ Legal Description: % f - Zoning: Current CUP Resolution #: 7_ l Z - W -34) Allowed Use by Current CUP: LL(V t nz, C7 c— CERTIFIGATtON OF TRANSFEREE: I hereby certify that i aim theproperty�owner (transferee), or have been authorized to act on behalf of the property owner,-arlid hereby apply fbr a Transfer of Conditional Use Permit. I agree to operate under the terms and conditions of the original Conditional Use Permit and application: l have submitted with this transfer application any amendments to the site plan or proposed amendments to operation. If amendments would- prevent compliance with terms and conditions of the Conditional. Use Perrin to be transferred, a new Conditanal Use Permit maybe required: 1 understand site visits may be required to process this application for purpose of confirming compliance with conditional use permit condition§. Signature: Date: Print Name: Tltle/Business: ACKNOWLfpGEMENT OF TRANS EROR: I hereby acknowledge this application for -a Transfer of Conditional Use Permit and'consent to the transfer. Signature: "' Date: ZZ _ Print Name: Title/Business: TTf Pate Date Application pee Received: -7 t 151 207, Z For City Use Only ResokAlon Number.- 2o22_ 7/21122, 9:45 AM /rL � 1. Basis Map Viewer Basic Tools Geowrtex Viewer for HTML5 Search... •' • a 0 PARCEL ID: w 04321030 Private � Commercial� •��- _ �'�'�..rr�� Owner: BROOKS HOLDING Ado dts, View Additional Details Run a Report Sign in Tool Labels X Mill ' �r ie �f}. SILVER PINES lRD W' - "0 .` — 0 100 T 20111 Z 1 F Zip https://gis.kpb.us/mapAndex.html?viewer--basic rfit 'VE ' - r 1/1