The URL can be used to link to this page

Home My WebLink AboutResolution No. PZ2021-19CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR EIGHT SINGLE FAMILY DWELLING UNITS. APPLICANT: Byler Contracting REPRESENTATIVE: Rob Coreson PROPERTY ADDRESS: 1714 Fourth Avenue LEGAL DESCRIPTION: T 6N R 11W Sec 31 Seward Meridian KN GL 26 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04302007 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 30, 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 May 26, 2021, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 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: The eight proposed single-family unit's meet the intent of KMC14.20.150 and the intent of the RS Zone, given compliance with the staff recommended specific conditions set forth below. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The Land Use Table provides that a seven or more family dwelling is a conditional use; therefore, a conditional use permit must be granted to construct the 8 single family dwelling units in this zone. Traffic generated from eight single-family units is not anticipated to bring heavy traffic into an existing neighborhood. The total square footage of the eight buildings located on the property will be approximately 12,072 square feet. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 — Development Requirements Table is 32,670 square feet at Resolution No. PZ2021-19 Page 2 of 4 30% maximum coverage, therefore, the proposed development is well below the maximum lot coverage requirement. The draft site plan meets the front (20'), side (15), and rear (20') yard setbacks. A conditional use permit for a Suburban Residential District with seven or more family dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land use table as noted below. A conditional use permit for a Suburban Residential District with seven or more family dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land use table. 3 Allowed as a conditional use, subject to satisfying the following conditions: a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b) The site square footage in area must be approved by the Commission; C) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d) Water and sewer facilities shall meet the requirements of all applicable health regulations; e) The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i) The property adjacent to the proposed dwelling group will not be adversely affected. 2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The surrounding neighborhood consists of primarily single-family dwellings to the north, south, east, and west, and are all zoned Suburban Residential. Generally speaking, new residential construction of this nature, tends to increase neighborhood property values, and therefore, should not significantly impair the adjoining property values. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan in the City's Comprehensive Plan designates this property as Suburban Residential, which provides for single-family and multi -family residential uses that are urban or suburban in character. The Suburban Residential classification provides for areas that will typically be developed at a higher density than the Low Density Residential classification. Resolution No. PZ2021-19 Page 3 of 4 The subject lot is larger than a typical suburban residential lot. The subject lot contains approximately 108,900 square feet, which is much larger than the required minimum lot size of 57,600 square feet required for eight single family dwelling units in the Suburban Residential district. Water and sewer services are available along Fourth Avenue and Haller Street, which are both paved, City maintained roads. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The properties located along both Fourth Avenue and Haller Street have access to City water, City sewer, natural gas, electricity, and telephone services. Fourth Avenue and Haller Street are paved roads which are maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 16 parking spaces. The attached application meets this requirement by providing a driveway for parking at least two vehicles per each dwelling unit. 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 eight single family dwelling units will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for residents and guests. Access to the eight units will be provided via a single driveway on Haller Street, with a driveway for each dwelling unit branching from the main access driveway. 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. 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 Byler Contracting for the use of eight residential single-family dwelling units on T 6N R 11 W Sec 31 Seward Meridian KN GL 26 located at 1714 Fourth Avenue. 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 issuance of a Building Permit. a landscape/site plan must be reviewed and approved by the Planning Director. Resolution No. PZ2021-19 Page 4 of 4 3. Prior to issuance of a Building Permit. conditions listed under Footnote 3 of the KMC 14.22.010 Land use table must be reviewed and approved by the Planning Director. 4. Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31St day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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). 8. 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. 9. 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 26th day of May, 2021. �VKra JEYIF tWAIT, CHAIRPERSON ATTEST: JAMIE HEINZ, CMC, CITY CLERK 0 Ar KEN,q, \0 «� j�� 11� KF-mNAi City of Kenai 1 210 1-idalgo Ave, Kenai, AK 99611-77941907.283.75351 www.lcenaixity STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: May 20, 2021 SUBJECT: Resolution PZ2021-19 — Conditional Use Permit — Eight Dwelling Units at 1714 Fourth Avenue Applicant: Byler Contracting PO Box 877750 Wasilla, AK 99687 Legal Description: T 6N R 11W Sec 31 Seward Meridian KN GL 26 Property Address: 1714 Fourth Avenue KPB Parcel No: 04302007 Lot Size: 2.50 (108,900 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Vacant Land Use Plan: Suburban Residential GENERAL INFORMATION A seven or more family dwelling is listed as a conditional use within the Suburban Residential Zone in Kenai Municipal Code 14.22.010, Land Use Table. The applicant, Byler Contracting, has submitted an application for a conditional use permit to construct 8 single-family dwelling units at 1714 Fourth Avenue. In order to construct these dwelling units, a conditional use permit, including conditions cited in footnote 3 of the 14.22.010 Land Use Table, must be granted by the City of Kenai Planning and Zoning Commission. lication. Public Notice. Public Comment Kenai Municipal Code 14.22.010 — Land Use Table provides that a Seven or More Family Dwelling is a conditional use. Accordingly, on April 30, 2021, an application for a conditional use permit for eight single-family dwelling units was submitted by Rob Coreson, on behalf of Byler Contracting. Planning staff reviewed the application and deemed it to be complete. 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. Kenai Municipal Code 14.20.150(d) — 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(d) -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: This conditional use permit will show all parking will be on 1714 Fourth Ave, all garbage will be at each house. Each house will have at least 2 parking places per each unit. All boundarys will be planted trees. Staff Response: The eight proposed single-family unit's meet the intent of KMC14.20.150 and the intent of the RS Zone, given compliance with the staff recommended specific conditions set forth below. The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The Land Use Table provides that a seven or more family dwelling is a conditional use; therefore, a conditional use permit must be granted to construct the 8 single family dwelling units in this zone. Traffic generated from eight single-family units is not anticipated to bring heavy traffic into an existing neighborhood. The total square footage of the eight buildings located on the property will be approximately 12,072 square feet. The maximum lot coverage allowed under Kenai Municipal Code 14.24.20 — Development Requirements Table is 32,670 square feet at 30% maximum coverage, therefore, the proposed development is well below the maximum lot coverage requirement. The draft site plan meets the front (20'), side (15'), and rear (20') yard setbacks. A conditional use permit for a Suburban Residential District with seven or more family dwellings must also meet the conditions cited in footnote 3 of the KMC 14.22.010 Land use table as noted below. 3 Allowed as a conditional use, subject to satisfying the following conditions: a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; Page 2 of 5 J The City of Kenai I www kenaixity b) The site square footage in area must be approved by the Commission; c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone, d) Water and sewer facilities shall meet the requirements of all applicable health regulations; e) The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i) The property adjacent to the proposed dwelling group will not be adversely affected. Criteria #2: The value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: The homes/multiplex that are in the area of proposed plan are probably 20 years and older. This build of 8 new homes. Staff Response: The surrounding neighborhood consists of primarily single-family dwellings to the north, south, east, and west, and are all zoned Suburban Residential. Generally speaking, new residential construction of this nature, tends to increase neighborhood property values, and therefore, should not significantly impair the adjoining property values. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: The bare lot will be turned into a well landscaped and safe area, removing the trees will stop future fire damage. Staff Response: The Land Use Plan in the City's Comprehensive Plan designates this property as Suburban Residential, which provides for single-family and multi -family residential uses that are urban or suburban in character. The Suburban Residential classification provides for areas that will typically be developed at a higher density than the Low Density Residential classification. The subject lot is larger than a typical suburban residential lot. The subject lot contains approximately 108,900 square feet, which is much larger than the required minimum lot size of 57,600 square feet required for eight single family dwelling units in the Suburban Residential district. Page 3 of 5 The City of Kenai I www kenai.city Water and sewer services are available along Fourth Avenue and Haller Street, which are both paved, City maintained roads. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Resr)onse: Yes there is water + sewer on both streets. Staff Response: The properties located along both Fourth Avenue and Haller Street have access to City water, City sewer, natural gas, electricity, and telephone services. Fourth Avenue and Haller Street are paved roads which are maintained by the City of Kenai. Kenai Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for each unit for a total of 16 parking spaces. The attached application meets this requirement by providing a driveway for parking at least two vehicles per each dwelling unit. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: All parking + snow storage will be on said property. Staff Response: The use of eight single family dwelling units will not be harmful to the public safety, health and welfare. Staff believes that public services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for residents and guests. Access to the eight units will be provided via a single driveway on Haller Street, with a driveway for each dwelling unit branching from the main access driveway. Criteria #6: Specific conditions deemed necessary. Applicant Response: There is an entry to access 8 homes. 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 (d)(1) through (d)(4) of Kenai Municipal Code 14.20.185, 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 issuance of a Building Permit. a landscape/site plan must be reviewed and approved by the Planning Director, 3. Prior to issuance of a Building Permit, conditions listed under Footnote 3 of the KMC 14.22.010 Land use table must be reviewed and approved by the Planning Director Page 4 of 5 r i The City of Kenai I www kenaixit Y 4. Prior to becainnin-a construction of the oroiect, a building permit must be issued by the Building Official for the City of Kenai. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31s' day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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). 8. 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. 9. 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. Resolution No. PZ2021-19 B. Application C. Site Plan D. Aerial Map Page 5 of 5 The City of Kenai I www kenai.city r City of Kenai Planning and Zoning Department Conditional Use Permit 210 Fidalgo Avenue Kenai, AK 99611 J(Cll Application (907) 283-8200 planning@kenai.city www. kenai.city/planning PROPERTYOWNER Name: ZZ C Mailing Address: ,O SOX 1d6 City:State: P_fi Zip Code: 3389 Phone Number(s): --,J -pvAra - O Email:r3AszS. L r✓1 Name: Y ' tri CORmsov - v io Mailing Address: >tV 7 7 7 J City: g; State: AK I IZIP Code: g r� Phone Number(s): g- 8Y5 Email: 4��'(rr Rear Kenai Peninsula Borough Parcel # (Property Tax 113): Physical Address:7:609,1-H ALME Legal Description: 1 GL Zoning: Acres: oq,6 #4cevcl CONDITIONAL USE DESCRIPTION (include site plan/floor plan with square footages) ��(include State Business License • KPI3 Tax Compliance if applicable) How is this property currently being used? -7" ~FV0PlE 2T7 r`S UAlf AntY 14 Conditional Use Requested for (attach additional sheets if necessary): rlk— 'P114IJ is To AOO 'k :PJ0;u%'rav1%l5 J-brnE S 7-0 7-141w LOT—04115ReM W ,L., �r $t 'PRruF WAY75-THAr (N1tt sFRVkZ B - 1-brnlrS, SAIO&J CtoRRar W► Li 8� i u a jrM ANC -3 ON PWWY "PPdPrRry. A l 1 OR -%)F w A' •$ W)'," (IF P r u tzn y+ l•►a3 01 1 cvtp%eo VRT WN% k al` *'f14ou rTn Ci a V9S Explain how the conditional use is consistent with purposes and intent of.the zoning district of the property: `-7VA �pn�pIr`a^JA1 J3M1 TMfd vti1T W'% %N S°HOw 4.11 PR'�K.* C Wlw i3� On✓ -7 Iq 7:5URTkt JWr j 1411 GARPAdC W- tit t3T Ar' E-ACL4 1 bOSI: t F1404 1400SI: ;t t HWuF r4r L�,q,�T a AARK11,Ie 'FIRCE3 A02 CA" V!J"l-r- 1411 S6 -J Oppty.5 Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: �%fi£' Nmrt��rilu lr'Pl � ti TNwT rvt� � TN THE Iot�� a OF �Rc�s�•� t�l�i�,/ y9�{ '��+2op,Prar�r �?U Y4� roi25 s o I ta�lt ;t-f;s 1C3" i OF $ JCI ��,�J l-ipwl 5 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: f ff � for W�11 13� Tv(�,�u� wca A Vyet.+ LA"o--W-ApOrl-0 ArJtA Si�F� SER, ��.wiou��G r�r� T�tt�� Wil SSP !-�,r�S�� r��?a 'a�nnwcz Are public services and facilities on the property adequate to serve the proposed conditional use? Wit" ,s Woricr1 4 SWVJ L oU ZDrA ZTRE S Explain how the conditional use will not be harmful to public safety, health, or welfare: - l4ti �'19R.K."�G d s�tJow sr�:�si` Witc t�� D� s'��A P2aP►zR��{ 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? (rJ �gJ 1�1JT"1 Tf�eCcs-S S �"- 11o,p�lz� — 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: Date: j2pgb Print Name: p3 Title/Business: S r ' R('cam For City Use Only Date Application Fee Received: PZ Resolution Number; Conditional Use Permit Application CHECKLIST City of Kenai Planning and Zoning Department 210 Fdaigo 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 ❑ 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/olanning/Pagetcomt)rehensive-olan. ❑ 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.munici al.codes/KMC/14.20.1 f 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. wm-m(fto 1Al amNVVT M WFIAM l£ �11NS i Wl anIRMO uxre.�c *t OH �s VNSVIV SMO a 3� � 1N3ONLLOVaLNOOIWV IOW 4 a N v i X- ----------------- ----------- --- ® - a � fl i € 4N€ tea - - - - - - - - - - — aw. aw.oamc 4 _ rw� emmmc i- 1ou35 +RIWH N si i r I d q f C4 Oslo* I mid nio u0mimpop mom V Aq 0 co I ell till a Cl a T-----�--7— I u zo J OO —r—T-7 Y- N I I I co N<.I I coco N�� I N<� I Nn7� I tom, 113.'e Y X00 �. 0000 I I �� u �u z mIY�m IY�m I 00 0z I I I Y� YE I YJm I YJm z�m YJm Yam I I I 0�0�r W nN INNN n�N W O p I n p I O p I Lo n 3.2 I`" I YJm I YJm I Y a � j P . � -_---J Lam- pl 71 � • J_, I N !� N G - I - a I ama am umonvep &air ss coDo N I u zo J OO T —T 7 �— Y- F F I I co co 0000 OJ�N co N1 COQ Y X00 41 UOO 0000 I I YJm YJm Y z mIY�m J R N I N I I z Y U to 0 6 I � O U w I z _ LO —f to Y c 0 J J Sr c Tc �IN M� _3 I YJ I L_L-L fI d ;8&7S -LMTDH T —T 7 �— I I co N Ln I ;��Y I u1�N I ��" z mIY�m IY�m YJm zJm I I YE I YJm I I I 0�0�r W nN INNN n�N W O p I n p I O p I Lo n 3.2 -j.2I m l YJm I YJm I Y J R N I N I I z Y U to 0 6 I � O U w I z _ LO —f to Y c 0 J J Sr c Tc �IN M� _3 I YJ I L_L-L fI d I : FIF H AVEqm 4w .i vRL ' z LL - LULL 4 ,'s S. _ + . 4L • --ALI" I ""� ,. �. 0 65 130 FeetTHIRD AVE '�+