HomeMy WebLinkAboutResolution No. PZ2023-04CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-04
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LODGING.
APPLICANTS: Benjamin Lovejoy and Kathleen Lovejoy
PROPERTY ADDRESS: 1035 Angler Drive
LEGAL DESCRIPTION: Lot 4 of Anglers Acres Subd. Part 3
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939036
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 17, 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,
Findings The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a lodge is a conditional use; therefore, a
conditional use permit may be granted for a lodge.
The RR Zone is intended to provide for low density residential development
in outlying and rural areas in a form which creates a stable and attractive
residential environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
Resolution No. PZ2023-04
Page 2 of 4
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The subject property has been operating a lodge with the adjacent property, 1045 Angler
Drive since 1988. There's no records of ongoing complaints or code violations for the
lodging or guiding. It is not anticipated that the continued use of the single-family dwelling
as a lodge would violate the residential character since it continues to remain as a single-
family dwelling and additional dwellings are not proposed to increase the traffic in 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;
Findin s: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. The proposed use is a continuance of a use that
has been in operation for nearly 35 years.
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 Low Density Residential (LDR) land use classification. The LDR Land
Use Classification is defined in the Comprehensive Plan:
Low Density Residential because of location or poor site conditions is
intended for large -lot single-family low -density residential development.
The area will typically be developed with individual on -site water supply and
wastewater disposal systems. Streets will typically be constructed to rural
street standards (i.e., gravel) and sidewalks will not be typically included in
the subdivision design. Rural Residential becomes Low Density
Residential to avoid confusion with zoning category.
The surrounding uses are a mix of residential and commercial/recreation uses. The
proposed use would be compatible with the existing uses and would not require any buffer
between surrounding uses since most lots are approximately an acre.
As stated by the applicant, the proposed use is in harmony with many goals (Goals 1-4)
outlined in the Comprehensive Plan.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
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.
Goal 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Resolution No. PZ2023-04
Page 3 of 4
Objective ED-9: Capitalize on the tourism industry by marketing Kenai as a
destination for recreational activities, conventions, festivals, arts, cultural and other
events.
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer is not in the vicinity of the subject property but onsite water
and wastewater treatment and disposal systems are in place. The applicants are required
to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough
Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental
Conservation. Angler Drive is a paved road, 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 proposed use is the same as the previous use without any records of
violations or complaints. There is adequate parking and buffer for the proposed use to
minimize the impact to the surrounding area. It is not anticipated that the continued use
will be harmful to the public safety, health or welfare. As noted by the applicant, the
proposed use will not be harmful as it is in keeping with the current uses in the area and
is moving forward in the same manner as the previous use.
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: The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as a lodge has been operated on the subject property for over
three (3) decades. Specific conditions are not deemed necessary to fulfill the above -
mentioned conditions.
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 Benjamin Lovejoy and Kathleen Lovejoy
for lodging on a property described as Lot 4 of Anglers Acres Subd. Part 3, and
located at 1035 Angler Drive.
Section 2. That the conditional use permit is subject to 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
Resolution No. PZ2023-04
Page 4 of 4
on -site inspection.
3. Quiet hours are from 10:00 p.m. to 6:00 a.m.
4. Provide a copy of Alaska Department of Environmental Conservation (ADEC)
documentation stating the existing wastewater system supports a three (3) bedroom
single-family dwelling.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 22"d DAY OF MARCH, 2023.
Al--
JEFF TWAIT, CHAIRPERSON
ATTEST:
L_z��
Meghan Thibodea , Deputy City Clerk
OV 100,
STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
kENAl
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: March 17, 2023
SUBJECT: Resolution No. PZ2023-04 — Conditional Use Permit - Lodging
Request The applicant is requesting to use the single-family dwelling for lodging.
Staff Adopt Resolution No. PZ2023-04 approving a Conditional Use Permit
Recommendation for lodging.
Applicants: Benjamin Lovejoy and Kathleen Lovejoy
Property Owners: Benjamin Lovejoy and Kathleen Lovejoy
Legal Description: Lot 4 of Anglers Acres Subd. Part 3
Property Address: 1035 Angler Drive
KPB Parcel No.: 04939036
Lot Size: 40,150 square feet (0.92-acre)
Zoning: Rural Residential (RR)
Current Use: Single -Family Dwelling
Land Use Plan: Low Density Residential (LDR)
SUMMARY
The applicants acquired the subject property on October 12, 2022, and would like to continue
using the single-family dwelling for lodging. Conditional use permits (CUPs) were granted for
lodging and guiding (Resolution PZ88-17 for lodging; Resolution PZ98-45 for guiding) located at
1035 and 1045 Angler Drive (Lots 4 & 5 of Anglers Acres Subd. Part 3) within the Rural Residential
(RR) Zoning District.
Until recently, the approved CUPs for the lodging and guiding on two (2) adjoining parcels have
been under the same ownership. It is best practice to require the property owners of the newly
acquired parcel to obtain a new conditional use permit since the existing CUPs are currently
operated by the property owners of 1045 Angler Drive. Therefore, a transfer of the CUPs would
not be appropriate. The request of this conditional use permit would allow the new property
owners of 1035 Angler Drive to continue using the single-family dwelling as a lodge on the subject
property.
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.
Finaing The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a lodge is a conditional use; therefore, a
conditional use permit may be granted for a lodge.
The RR Zone is intended to provide forlow density residential development
in outlying and rural areas in a form which creates a stable and attractive
residential environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will.
(A) Preserve the rural, open quality of the environment,
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment,
(B) Generate heavy traffic in predominantly residential areas.
The subject property has been operating a lodge with the adjacent property, 1045 Angler
Drive since 1988. There's no records of ongoing complaints or code violations for the
lodging or guiding. It is not anticipated that the continued use of the single-family dwelling
as a lodge would violate the residential character since it continues to remain as a single-
family dwelling and additional dwellings are not proposed to increase the traffic in 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. The proposed use is a continuance of a use that
has been in operation for nearly 35 years.
Resolution No. PZ2023-04
Conditional Use Permit
Lodging Page 2 of 4
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
The Land Use Plan, from the 2016
Comprehensive Plan, identifies the subject property
with the Low Density Residential (LDR) land use
In Imagine Kenai 2030
classification. The LDR Land Use Classification is
Comprehensive Plan, Chapter
defined in the Comprehensive Plan:
6, "Goals, Objectives, and
Implementation", several goals
Low Density Residential because of location or poor
and objectives are met from the
site conditions is intended for large -lot single-family
proposed use.
low -density residential development. The area will
typically be developed with individual on -site water
Goal 1 — Quality of Life is to
supply and wastewater disposal systems. Streets
promote and encourage quality of
will typically be constructed to rural street standards
life in Kenai.
(i.e., gravel) and sidewalks will not be typically
Objective Q-1
included in the subdivision design. Rural Residential
Establish siting and design
becomes Low Density Residential to avoid
standards so that development is
confusion with zoning category.
in harmony and scale with
surrounding uses.
The surrounding uses are a mix of residential and
commercialirecreation uses. The proposed use would
Goal 2 — Economic Development
be compatible with the existing uses and would not
is to provide economic
require any buffer between surrounding uses since
development to support the fiscal
most lots are approximately an acre.
health of Kenai.
As stated by the applicant, the proposed use is in
Objective ED-9
Capitalize on the tourism industry
harmony with many goals (Goals 1-4) outlined in the
by marketing Kenai as a
Comprehensive Plan.
destination for recreational
activities, conventions, festivals,
arts, cultural and other events.
Goal 3 — Land Use is to develop
land use strategies to implement a
forward -looking approach to
community growth and
development.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
City water and sewer is not in the vicinity of the subject property but onsite
water and wastewater treatment and disposal systems are in place. The applicants are
required to be in compliant with wastewater disposal requirements of Kenai Peninsula
Borough Chapter 20.40 and regulatory requirements of the Alaska Department of
Environmental Conservation. Angler Drive is a paved road, which is a City -maintained
road.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: The proposed use is the same as the previous use without any records of
violations or complaints. There is adequate parking and buffer for the proposed use to
minimize the impact to the surrounding area. It is not anticipated that the continued use
Resolution No. PZ2023-04
Conditional Use Permit
Lodging
Page 3 of 4
will be harmful to the public safety, health or welfare. As noted by the applicant, the
proposed use will not be harmful as it is in keeping with the current uses in the area and
is moving forward in the same manner as the previous use.
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 The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as a lodge has been operated on the subject property for over
three (3) decades. Specific conditions are not deemed necessary to fulfill the above -
mentioned conditions.
PUBLIC
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 PZ2023-04 approving
the Conditional Use Permit for lodging, subject to 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.
ATTACHMENTS
Aerial Map
Application
Site Plan
Resolution No. PZ2023-04
Conditional Use Permit
Lodging Page 4 of 4
KENAI
Resolution No. PZ2023-04
Conditional Use Permit - Lodging
1035 Angler Drive
KPB Parcel ID: 04939036
Date Printed: 3/17/2023
N Map for Reference Only
NOT A LEGAL DOCUMENT
I ]
0 100 200 400 Feet
Conditional Use Permit
Application
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www. kena i. city/planning
Name:
BENJAMIN AND KATHLEEN LOVEJOY
Mailing Address:
1035 ANGLER DR
City:
Kenai
I State:
AK
I Zip Code:
99611
Phone Number(s):
360-490-2596
Email:
blovej9C gmail.com
Name:
BENJAMIN AND KATHLEEN LOVEJOY
Mailing Address:
1035 ANGLER DR
City:
KENAI
State:
I AK
Zip Code:
99611
Phone Number(s):
360-490-2596
Email:
blovej9@gmail.com
Kenai Peninsula Borough Parcel # (Property Tax ID): 44939036
Physical Address:
1035 ANGLER DR
Legal Description:
T 5N R 11 W SEC 11 SEWARD MERIDIAN KN 0780168 ANGLERS ACRES SUB PART 3 LOT 4
Zoning:
Residential
Acres:
0.92
How is this property currently being used? I
Lodging / Guide Service
Conditional Use Requested for (attach additional sheets if necessary):
Conditional Use Requested is to be Lodging only as an Airbnb which will range from short term to long
term lodging.
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
As this parcel is already being used under a conditional use•permit for lodging and guide services there is no
subsequent change in its current use. The land is zoned Residential with approximately 50%percent of non
vacant land is operated with conditional use permits in the area, thus this application is consistent with uses in
this district.
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
This project is in direct alignment with a multitude of similar uses in the area and in keeping with the
conditional use previously attached to this parcel, thus the neighborhood will not be impaired.
Use of surrounding property - north:
Residential/conditional use permits
Use of surrounding property - south:
Residential/conditional use permits
Use of surrounding property - east: Residential/ conditional use permits
Use of surrounding property - west: Residential/ conditional use permits
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
This conditional use is in harmony with the City's Comprehensive Plan as follows: Goal #1 Quality of Life - Project will promote and
encourage quality of life elements in Kenai Goal #2- Economic Development: Project will provide economic development elements to
support the fiscal health of the community. Goal #3 Land Use- Project will use strategies to implement a forward -looking approach to
community growth and development. Goal #4.Public Improvements and services- Project will provide adequate public improvements and
services in Kenai
Are public services and facilities on the property adequate to serve the proposed conditional use?
Yes: current facilities have previously been used as lodging and are adequate for this project use as
well.
Explain how the conditional use will not be harmful to public safety, health, or welfare:
Conditional use will not be harmful as it is in keeping with the current uses in the area and is moving
forward in the same manner as previous used.
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?
No this application is a moderate continuation of the current use of this parcel as well as neighboring
parcel use.
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: I a- z a -1.ozz
Print Name:
(,0vc3oj
Title/Business:
r t,cwttiw
pate Application Fee Received:
For City Use Only
PZ Resolution Number:
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