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HomeMy WebLinkAboutResolution No. PZ2023-05CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-05 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN ASSISTED LIVING FACILITY. APPLICANT: Aspen Creek Kenai LLC c/o Douglas Clegg PROPERTY ADDRESS: 701 N. Forest Drive LEGAL DESCRIPTION: Tract 36A of Killen Estates 2014 Replat 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 January 19, 2023; 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 March 22, 2023, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. 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, Finding The proposed expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended 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: Resolution No. PZ2023-05 Page 2 of 4 (A) Violate the residential character of the environment, (8) Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 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. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. 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 Suburban Residential (SR) land use classification. The SR 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. This property is located off of North Forest Drive, a collector street, which provides access to multiple neighborhoods. To the south of the development are Northgate Subdivision and the Church of the Latter Day Saints. The property to the north is undeveloped. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Drive that complements the existing and surrounding uses. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1— Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Resolution No. PZ2023-05 Page 3 of 4 Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Goal 5 — Provide transportation systems that are efficient and adequate to serve the regional needs of the community. Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available to sere the proposed addition. There are adequate public services and facilities to sere the proposed expansion. North Forest is a paved and City -maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 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: To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Resolution No. PZ2023-05 Page 4 of 4 Section 1. That an amendment to the conditional use permits is granted to Aspen Creek Kenai LLC for the expansion of the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive. Section 2. That the amendment to the conditional use permits is subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions: 1. 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. 3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. 7. Applicant must obtain a sign permit for the proposed monument sign. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22ND DAY OF MARCH, 2023. JEFrTWArr, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk N STAFF REPORT �. PLANNING &ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning DirectopA DATE: March 17, 2023 SUBJECT: Resolution No. PZ2023-05 — Conditional Use Permit Amendment — Assisted Living Facility Expansion Request The applicant is proposing to construct an addition to the assisted living facility which will consist of 15 specialized memory care units, two (2) additional assisted living suites, and several amenities. Staff Adopt Resolution PZ2023-05 approving an amendment to Conditional Recommendatio Use Permits (Resolutions PZ12-22 and PZ15-24) for the expansion of the assisted living facility. Applicant Property Owners Legal Description Property Address KPB Parcel No. Lot Size Zoning Current Use Land Use Plan SUMMARY Aspen Creek Kenai LLC c/o Douglas Clegg Brooks Holding LLC and Miriam LLC Tract 36A of Killen Estates 2014 Replat 701 N. Forest Drive 04321030 Approximately 4.64 acres (202,118 square feet) Suburban Residential (SR) Assisted Living Facility Suburban Residential The subject property was granted Conditional Use Permits (CUPs) for an assisted living facility (Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2) located at 701 N. Forest Drive within the Suburban Residential (RS) Zoning District. Last year, a transfer of the CUPs was granted to Aspen Creek Kenai LLC. The applicant is requesting a conditional use permit amendment to join the two (2) assisted living buildings into one (1) building. The proposed addition will provide 15 specialized memory care units and two (2) assisted living suites for a total of 65 units in the new building. As stated by the applicant, several amenities will be provided to include a development center, a beauty salon, a theater/performing arts center, a gym for physical therapy, a reception center, and most importantly a memory care unit for individuals, who are aging with this disease. Setbacks The proposed addition meets the required building setbacks for the Suburban Residential (SR) zoning district. Parking/Access The proposed addition will separate the existing parking lot. The front parking lot will be dedicated for temporary and emergency vehicle parking. The main parking lot behind the proposed addition will have access from the proposed 10-foot one way access via Forest Drive and a right-of-way easement on the adjacent property to the west from Ponderosa Road. The right-of-way easement on the adjacent parcel to Ponderosa Road must maintain a minimum width of 60-feet to meet city standards. The parking requirement for an assisted living facility is one (1) space per every two (2) beds. A total of 65 units will require 33 spaces and there are 78 spaces provided. Sianage The rendering drawing and site plan identify a monument sign with landscaping to be located on the east end of the porte cochere. Any signage on the property is subject to review by the City and requires a sign permit, separate from this 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. Finding- The proposed expansion is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates an assisted living facility is a conditional use; therefore, a conditional use permit may be granted for an assisted living facility. The RS Zone is intended 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, - Page 2 of 5 (B) Generate heavy traffic in predominantly residential areas. The proposed addition will expand the operation of the assisted living facilities with approved CUPs. There should be minimal traffic generated by the proposed addition. The proposal includes a landscape plan that will provide a separation from adjoining properties and will not violate the residential character of the area. 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. A landscaping/site plan has been submitted and will be reviewed by Planning staff for compliance. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. The proposed access from Ponderosa Road may increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion to an assisted living facility would generate heavy traffic. The development of the paved right-of-way easement for access via Ponderosa Road may increase the development potential of the adjacent vacant lot. 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 Suburban Residential (SR) land use In imagine Kenai 2030 classification. The SR Land Use Classification is Comprehensive Plan, Chapter 6, defined in the Comprehensive Plan: "Goals, Objectives, and Implementation", several goals and Suburban Residential is intended for single-family objectives are met from the and multi -family residential uses that are urban or proposed expansion. suburban in character. The area will typically be Goal 1 - Quality of Life is to developed at a higher density; lots are typically promote and encourage quality of smaller; and, public water and sewer services are life in Kenai. required or planned. Some developments may be required to construct streets to a paved standard Objective Q-1 and larger subdivisions may be required to provide Establish siting and design sidewalks and public areas. Parrs and open space standards so that development is land uses may be considered appropriate. in harmony and scale with surrounding uses. This property is located off of North Forest Drive, a Goal 3 - Land Use is to develop collector street, which provides access to multiple land use strategies to implement a neighborhoods. To the south of the development are forward -looking approach to Northgate Subdivision and the Church of the Latter community growth and Day Saints. The property to the north is undeveloped. development. Woodland Subdivision is located across North Forest Drive. There are several institutional uses along Forest Goal 5 - Provide transportation Drive that complements the existing and surrounding systems that are efficient and uses. adequate to serve the regional needs of the community. Page 3 of 5 Objective T-5 Transportation improvements needed to serve new developments shall be in place at the time new development impacts occur. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available to serve the proposed addition. There are adequate public services and facilities to serve the proposed expansion. North Forest is a paved and City -maintained road. Access will also be provided from Ponderosa Road, which will require a minimum 60-foot right-of-way easement on the adjacent property to meet city standards. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings_ An assisted living facility will not be harmful to public safety, health, or welfare. The proposed expansion does not change the existing use. The proposal provides a surplus of parking spaces and adequate landscaping that will minimize the impact to the surrounding area. The proposed addition will not negatively affect the public safety, health or welfare. 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. To minimize impact on adjacent properties with the proposed one-way access, the following conditions are added. • Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. • Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use amendment 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 amendment request. No public comments have been received. Page 4 of 5 - RECOMMENDATION Staff finds that the proposed use meets the criteria for issuance of a Conditional Use Permit amendment 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 PZ2023-05 approving the amendment to the Conditional Use Permit, subject to the original conditions in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and 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. 3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. 4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved by the Planning and Zoning Department. 5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of obstruction and obstacles created by snow removal or the depositing of snow. Snow removal must not be pushed onto another property. 6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning Department for verification that a minimum of 20 feet width for vehicular access and buffer are provided between the south building fagade and the south property line. 7. Applicant must obtain a sign permit for the proposed monument sign. ATTACHMENTS Aerial Map Application Project Narrative Plans Renderings Page 5 of 5 0�1 KENAI M N F 0 Resolution No. PZ2023-05 Conditional Use Permit Amendment 701 N. Forest Drive KPB Parcel ID: 04321030 Subject Property ` 1 Parcels w ti 1 r - -F w : , _ J:s, ant; �■ r Date Map for Reference Only NOT A LEGAL DOCUMENT 100 200 400 Feet 4! City of Kenai Planning and Zoning Department Conditional Use Permit 210 FidalgaAvenue Application Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city!planning f Name: A S C-Z+c V V1 V a14 A\ t.LG Mailing Address: City: State: lit \e- Zip Code: 1 Phone Number(s): 7.0is • Q,10 • cro Email: Name: Mailing Address: WA%,% kA. City: g , V1 - State: " Zip Code: Phone Number(s): taw- C6,1 j- — 4gCk CID Email: �, �, f c G c•eexc� � ¢C es �e . CA" Kenai Peninsula Borough Parcel # (Property Tax ID): fttr uv a2, Physical Address: -\Qk ri %KU a v- QQ. tG� � lc., ct wac.ot _egal Description: 'jtZAcT 4X,2A k %a � 'C = ., T k Zq ?oning: 4.r aa► '��K.� t'C ��. Acres:ie, CONDITIONAL DESCRIPTION (include site .. .. .. LicenseJinplude State Business -.�=0=1".Pllanceitapplicable)amm How is this property currently being used? ,<<,- e:- L„`.[ %.%4 Lo Conditional Use Requested for (attach additional sheets if necessary): Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: �WC�c.-�iT '��9...TCsi-S Pe�ip �7c,Z��r=z'S �Y"•et� ���.v.t�-t2_,r� �i� k,A-.{ ,ACp, tnW big ��.�:..5 �V ;]1-��j s, Z a cs%t G AkA-.-.- ` :5 7. 4DO N-lS Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: XAo �-Q Use of surrounding property - north: Use of surrounding property - south, Use of surrounding property - east: Use of surrounding property - west: C_ Explain how the conditional use is in harmony with the City's Comprehensive Plan: NAME A-.►J ccsx.c�S�tZo�t �y 't1,GLt�Ce C'�z cam= public services and facilities on the property adequate to serve the proposed conditional use? Explain how the conditional use will not be harmful to public safety, health, or welfare: 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? I `~ ° . , ate �0%_Lc, • ��1cv cs�1 �� t�A � �1 AUTHORITY TO APPLY 11OR 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 reaso . I u rsta 'that a site visit may be required to process this application. City of Kenai personnel are a thor' to es a above -referenced property for the purpose of processing this application. Signature: Date: tct -. Zn ,& Print Name: t e c%e. nory T' a/Business: t'7t r;;,_7 ' For City a Only Dark Applica#ion Fee Received: PZ Resolution Number: Q-� ASPEN CREEK S E N I OR L I V ING February 27, 2023 Attention: Linda Mitchell Planning Director Regarding: Aspen Creek Senior Living Kenai proposed addition and memory care To whom it may concern: Aspen Creek Senior Living acquired Charis Place on December 31, 2021. Since that time, we have come to realize that our current physical facilities are lacking many of the amenities that are needed for our seniors to enjoy life with purpose and activity. Currently we have 24 units per building on our campus that will be joined with the proposed addition. None of these buildings contain a development center, a beauty salon, a theater/performing arts center, a gym for physical therapy, a reception center and most importantly a memory care unit for individuals who are aging with this disease. At the moment there is not a single specialized Alzheimer Dementia unit in the entire Peninsula. We are committed to solve this absence and believe that the City of Kenai is the place to provide these services for the extended needs of this Burrough. Our proposed addition is just under 14,000 square feet and contains all of the above amenities along with 15 specialized memory care units and an additional 2 assisted living suites bringing our total to 65 units for the combined building. Additional parking and access is being proposed for staffing, guests and delivery. As can be seen by our site plan, we are desiring to provide two access drives allowing traditional visitors and staff to park at the rear of the building for longer parking needs, and temporary parking within an expanded parking area adjacent to Forest Road. Buildings three and four will be dedicated for those living with us who are immobile and needing end of life care as they age in place with us. Out of necessity we are seek to complete the improvements that are shown on the attached easement by paving enough of this easement to provide improved delivery and emergency access for our fire department through Ponderosa Road on the West side of the site. We look forward to working with you and seeing this project come to its completion spring of 2024. Sincerely, Douglas B. Clegg CEO Aspen Creek Senior Living Z, )IV FT9 _ m' _ -m_O:l _._ ` | • ! 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