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HomeMy WebLinkAboutResolution No. PZ2022-26711, jCIV KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2022-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A TOW YARD. APPLICANT: Jeff Bettis PROPERTY ADDRESS: 310 AirportWay LEGAL DESCRIPTION: Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04322021 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on November 18, 2022; and, WHEREAS, the applicant has demonstrated 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 December 14, 2022, 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, - Findings. The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a storage yard is a conditional use; therefore, a conditional use permit may be granted for the operation of a tow yard. The intent of the Central Mixed Use (CMU) zone is to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. While the proposed use does not explicitly conform to the purpose and intent of the CMU zone, it will not alter the principal land use of the area. The proposed use is permitted in the zone with an approved conditional use permit and could be suited for the zone as it was previously used as a tow yard. It is not anticipated that the proposed use would generate more vehicular traffic than by -right permitted uses in the CMU zone. The proposed use provides a centralized location for towing services with anticipated coordination with Kenai Police Department and Alaska State Troopers. Resolution No. PZ2022-26 Page 2 of 4 Staff recommends Condition 3, which requires the proposed use to be consistent with the purposes and development requirement of the CMU zone. 2. KMC 14.20.150(d) (2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. Most of the surrounding properties are vacant and city -owned. The operation of a tow yard would not significantly impair adjoining property and neighborhood as the previous use was a tow yard. Staff recommends Conditions 4, 5, and 6 to mitigate the potential adverse impacts to the adjoining properties and neighborhood. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial land use classification. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial -type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non- commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial "centers" that are developed at a small to medium scale. The subject property is on the northern edge of the Central Commercial land use designation bordering the Industrial land use designation and it has not been an area that has developed into a `center" but the proposed use is consistent with the surrounding uses. The subject property is close to % acre lot size so it creates a denser scale and provide a centrally convenience location for vehicle pick-ups. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", Goal 3 Land Use specifically addresses strategies to implement a forward -looking approach to community growth and development. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. Goal 3 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. Land Use 1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. Land Use 2: Promote the infill of existing, improved subdivision lots. Resolution No. PZ2022-26 Page 3 of 4 The identified goals are met with mitigated measure to minimize impacts to the surrounding uses by applying the Conditions 4, 5, and 6 as set forth in the staff recommendation. The proposed use would be on a lot previously used as a tow yard; therefore, reducing the need for clearing and minimizing ground disturbance if this use was proposed at a different location. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: Public services and facilities are available for the lot; however, water and sewer services are not required to serve the proposed use. There is adequate access to/from the property off Airport Way, which is a city maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The operation of a tow yard will not be harmful to public safety, health, or welfare. The proposed use has been reviewed by the Building Official and he indicated he does not have any objections or concerns. Towed vehicles will be stored behind a screened chain -linked fence, which would minimize the visual impact on the surrounding area. The conditional use permit is not for any additional activity other than storing of towed vehicles on site. Staff believes the public safety, health or welfare could be maintained by the approval of the request with the conditions set forth in the staff recommendation. 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. Findings: Specific conditions are listed in the above -mentioned criteria. Staff recommends adding Condition 7, regarding signage for business identification and contact information for customers. The sign will provide a means to confirm the business location and provide a contact for the public. 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 Jeff Bettis for a Tow Yard for property described as Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision, and located at 310 Airport Way. Section 2. That the conditional use permit is subject to the following conditions: Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. Resolution No. PZ2022-26 Page 4 of 4 3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight -foot (8) high commercial grade fence. 4. No auto repair/service or dismantling shall occur on -site. 5. The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6. The on -street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7. At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City's sign regulations for the designated zone. 8. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of December, 2022. J 12 k JE AIT. C AIRPERSON ATTEST: J/�� Meghan Thibodeau, Deputy City Clerk STAFF REPORT �• PLANNING & ZONING DEPARTMENT KENAI TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 9, 2022 SUBJECT: PZ2022-26 — Conditional Use Permit — Tow Yard Request The applicant is seeking to operate a tow yard on a vacant lot. Staff Adopt Resolution PZ2022-26 approving a Conditional Use Permit for Recommendation the operation of a tow yard. Applicant Property Owner Legal Description Property Address KPB Parcel No. Lot Size Existing Zoning Current Use Land Use Plan SUMMARY Jeff Bettis City of Kenai Lot 4, Block 5 Cook Inlet Industrial Air Park Subdivision 310 Airport Way 04322021 .46 Acres (20,037 square feet) Central Mixed Use (CMU) Vacant Central Commercial The applicant has requested a conditional use permit to allow the storage of towed vehicles on a City -owned parcel. The applicant is not proposing any improvements. The subject property is currently vacant and it was previously used as a tow yard between 2007 and 2018. The property has been vacant since 2018. The applicant stated that the proposed conditional use permit would allow a tow yard at a suitable location for towing service requests by Kenai Police Department and Alaska State Troopers. For customers pick up, the applicant/operator plans to coordinate in advance to ensure a quick transaction or provide off site pick up. The subject property has an existing 6-foot tall chain -linked fence with a 2-foot barbed/razor wire that is screened with slats or a mesh along the perimeter. The only access to the property is off of Airport Way. In order to operate the business on a City -owned property, the applicant must obtain a Special Use Permit or lease the property from the City. At this time, the applicant is pursuing a Special Use Permit contingent on the approval of the conditional use permit. ANALYSIS 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. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findinas: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a storage yard is a conditional use; therefore, a conditional use permit may be granted for the operation of a tow yard. The intent of the Central Mixed Use (CMU) zone is to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. While the proposed use does not explicitly conform to the purpose and intent of the CMU zone, it will not alter the principal land use of the area. The proposed use is permitted in the zone with an approved conditional use permit and could be suited for the zone as it was previously used as a tow yard. It is not anticipated that the proposed use would generate more vehicular traffic than by -right permitted uses in the CMU zone. The proposed use provides a centralized location for towing services with anticipated coordination with Kenai Police Department and Alaska State Troopers. Staff recommends Condition 3, which requires the proposed use to be consistent with the purposes and development requirement of the CMU zone. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The economic and noneconomic value of adjacent properties would not be significantly impacted by this change. Most of the surrounding properties are vacant and city -owned. The operation of a tow yard would not significantly impair adjoining property and neighborhood as the previous use was a tow yard. Page 2 of 5 Surrounding Zoning and Current Use To the north is zoned Light Industrial (IL) with buildings on gravel that is a city - owned property. To the west and south is zoned Central Mixed Use (CMU) and is vacant. To the east is zoned Light Industrial (IL) with a commercial use. Staff recommends Conditions 4, 5, and 6 to mitigate the potential adverse impacts to the adjoining properties and neighborhood. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial land use classification. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial -type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial "centers" that are developed at a small to medium scale. The subject property is on the northern edge of the Central Commercial land use designation bordering the Industrial land use designation and it has not been an area that has developed into a "center' but the proposed use is consistent with the surrounding uses. The subject property is close to '/2 acre lot size so it creates a denser scale and provide a centrally convenience location for vehicle pick-ups. The identified goals are met with mitigated measure to minimize impacts to the surrounding uses by applying the Conditions 4, 5, and 6 as set forth in the staff recommendation. The proposed use would be on a lot previously used as a tow yard; therefore, reducing the need for clearing and minimizing ground disturbance if this use was proposed at a different location. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", Goal 3 Land Use specifically addresses strategies to implement a forward -looking approach to community growth and development. Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. Goal 3 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. Land Use 1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Land Use 2 Promote the infill of existing, improved subdivision lots. Page 3 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: Public services and facilities are available for the lot; however, water and sewer services are not required to serve the proposed use. There is adequate access to/from the property off Airport Way, which is a city maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The operation of a tow yard will not be harmful to public safety, health, or welfare. The proposed use has been reviewed by the Building Official and he indicated he does not have any objections or concerns. Towed vehicles will be stored behind a screened chain -linked fence, which would minimize the visual impact on the surrounding area. The conditional use permit is not for any additional activity other than storing of towed vehicles on site. Staff believes the public safety, health or welfare could be maintained by the approval of the request with the conditions set forth in the staff recommendation. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. 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. Findings: Specific conditions are listed in the above -mentioned criteria. Staff recommends adding Condition 6, regarding signage for business identification and contact information for customers. The sign will provide a means to confirm the business location and provide a contact for the public. PUBLIC NOTICE 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. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed use 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 adopt Resolution PZ2022-26 approving the Conditional Use Permit, subject to the following conditions: Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. Page 4 of 5 3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right- of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight -foot (6) high commercial grade fence. 4. No auto repair/service or dismantling shall occur on -site. 5. The applicant shall maintain the tow yard in an orderly manner at all times and clear of debris and junk. 6. The on -street curb parking shall not be used for vehicle storage, queuing of cars for storage, tow truck parking, or customer parking. 7. At least one sign shall be located at the main entrance to the site and contain the name of business and phone number. All signs shall conform to the City's sign regulations for the designated zone. ATTACHMENTS Aerial Map Application Page 5 of 5 KFNA;I Conditional Use Permit - Towing Storage Yard Lot 4, Block 5 Cook Inlet Industrial Air Park 310 Airport Way KPB Parcel ID: 04322021 VL_ Zoning Conservation Airport Light Industrial General Commercial A, Central Mixed Use ,V ° Light Industrial Parcels �0 Subject Parcel Date N Map for Reference Only NOT A LEGAL DOCUMENT 0 185 370 740 Feet y .,, ,. Planning and Zoning Department Conditional Use Permit 210 Fidalgo Avenue r Application Kenai. AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning PROPERTYOWNER Name: Mailing Address: i777 S"- 1 -tee City: 4. State: A I JZip Code:6� Phone Number(s): -7 22 J-00 Email: �j Z Cs j D Li e' "q /� zo , (o,-i PETITIONERNONE) Name: Mailing Address: City: State: I Izip Code: Phone Number(s): Email: PROPERTYINFORMATION Kenai Peninsula Borough Parcel # (Property Tax to): Physical Address: S ri W4 t - 'al Description: i iing: Ate, es: CONDITIONAL USE DESCRIPT (include site .. ...,• State Business License and KPB Tax Compliance it applicable)(include How is this property currently being used? vsxte+}- C,,.f,4,4 Cotn—ditional Use Requested for (attach additionalsheetsif necessary): -FQJI.., a�(ef �' IS '• /.�� [�'C" J^ '-�pw /' �-}cC/`1 ^T•.� .�{i�5 6,1p ..( 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: 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: t" P/b'43 lac, 1 ta'_j �c W—1 4e 6nn'tm (� �--A k'e be � b, per. %'" IG"�r� �GG�a; f yoaa�r C 1e4 �iror+ vcc�-fie cll Are public services and facilities on the property adequate to serve the proposed conditional use? Yv ye-r-.l6 L�4� C r Explain how the conditional use will not be harmful to public safety, health, or welfare: Me_o-e.k% S }ro e_ 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? 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 petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. 1 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: to -X7-ZZ Print Name: - r Title/Business: b For City Use Only Date Application Fee Received: WAF 22 oe-/ PZ Resolution Number: /+22022 -2G KINA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.l enai.city MEMORANDUM TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: December 14, 2022 SUBJECT: Resolution PZ2022-26 Requested Amendment For compliance with the National Fire Protection Association (NFPA) codes and standards, the Fire Department has recommended the following condition be added to Resolution PZ2022-26. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. The following amendment is respectfully requested. Motion Move to add an 8th condition to read as follows: 8. Electrical vehicles (EVs) shall be stored at least 50 feet from property lines. Thank you for your consideration.