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HomeMy WebLinkAboutResolution No. PZ2023-0811 j KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-08 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLE (RV) PARK. APPLICANT: Duke Hardcastle PROPERTY ADDRESSES: 1088 and 1120 Bridge Access Road LEGAL DESCRIPTIONS: Lots 1 and 2 of Baron Wood Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901312 and -13 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 1, 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 May 17, 2023 and May 20, 2023, 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 RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park. The 1H (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed use will be compatible with surrounding uses and it is a permitted use in the zone with an approved CUP. Staff does not find that the proposed use will have any nuisance effects upon the surrounding properties. Resolution No. PZ2023-08 Page 2 of 5 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 impaired by the proposal. As noted by the applicant, the property would strengthen the economic development and enhance community growth and services. Similarly to the adjacent RV park, staff finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use on the premise. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed use. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. 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 Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine -related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required orplanned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non -industrial uses. Buffers between industrial uses and adjacent non -industrial uses are desirable. This properties are surrounded by a RV park to the southwest, automotive and transport business to the southeast, vacant land (future restaurant/brewery) to the north, and the Bridge Access Road to the east. The proposed use would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non -compatible commercial 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. Resolution No. PZ2023-08 Page 3 of 5 Obiective a-1 Establish siting and design standards so that development is in hannony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Obiective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 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 serve the proposed RV park. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided. • Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is an adjacent RV Park that has been operating since 2005 and staff finds another RV park within the vicinity will not be harmful to public safety, health, or welfare. The proposed RV park seeks to accommodate at a maximum capacity of 50 RV spaces which the number of RV spaces may be reduced if the site layout cannot accommodate 50 RV spaces (to be determined during the building permit process). Access is off of Childs Avenue, which will be shared with the adjacent RV park and future restaurant/brewery. A condition has been recommended to address improvements to the road as needed or determined by the Public Works Department. 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: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14.20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. 1. Adequate utilities for projected or actual use shall be available. Resolution No. PZ2023-08 Page 4 of 5 Findings: This condition is met or will be as met as noted in the above Criteria 4 for a CUP. 2. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above Criteria 5 for a CUP. 3. Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit is granted to Duke Hardcastle for a recreational vehicle (RV) park on the properties described as Lots 1 and 2 of Baron Wood Subdivision located at 1088 and 1120 Bridge Access Road. 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 on -site inspection. 3. Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged. 4. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use. 5. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 6. Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. 7 The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. Resolution No. PZ2023-08 Page 5 of 5 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 24T" DAY OF MAY, 2023. r�n- JV) JEFF TW T, CHAIRPERSON ATTEST: Meghan Thibodeau, eputy City Clerk STAFF REPORT �. PLANNING &ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: May 20, 2023 SUBJECT, Resolution No. PZ2023-08 — Conditional Use Permit — Recreational Vehicle Park Request The applicant is proposing a Recreational Vehicle (RV) park to accommodate up to 50 RV spaces. Staff Adopt Resolution PZ2023-08 approving a Conditional Use Permit for a Recommendation RV Park. Applicant Duke Hardcastle Property Owners Duke Hardcastle Legal Descriptions Lots 1 and 2 of Baron Wood Subdivision Property Addresses 1088 and 1120 Bridge Access Road KPB Parcel IDs. 04901312, and -13 Lot Size Approximately 1.94 acres (84,888 square feet) Zoning Heavy Industrial (IH) Current Use Vacant Land Use Plan Industrial SUMMARY The applicant has requested for a conditional use permit (CUP) for a recreational vehicle (RV) park with a maximum capacity of 50 RV spaces. The proposed use will be on approximately 1.94 acres on two (2) parcels that are zoned Heavy Industrial (IH). The subject parcels are vacant. The proposed plans would accommodate up to 50 RV spaces with access off of Childs Avenue. pNei vcoc 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. Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land. Use Table. The land use table indicates a RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park. The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect. The proposed use will be compatible with surrounding uses and it is a permitted use in the zone with an approved CUP. Staff does not find that the proposed use will have any nuisance effects upon the surrounding properties. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. The economic and noneconomic value of adjacent properties would not be significantly impaired by the proposal. As noted by the applicant, the property would strengthen the economic development and enhance community growth and services. Similarly to the adjacent RV park, staff finds that there will be potential increase of traffic impacting surrounding properties and noise and privacy issues for RV space occupants from adjacent properties. Therefore, staff is proposing the following conditions for traffic mitigation and buffering/screening. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use on the premise. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. A landscaping/site plan will be required for the proposed use. Site plan review will require an orderly and safe development as well as landscaping to provide an attractive and functional separation/screening between uses. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findirn The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Industrial (IN) land use classification. The IN Land Use Classification is defined in the Comprehensive Plan: Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 2 of 5 Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine -related industry and storage, and similar industrial activities. Public water, and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non -industrial uses. Buffers between industrial uses and adjacent non- industrial uses are desirable. This properties are surrounded by a RV park to the southwest, automotive and transport business to the southeast, vacant land (future restaurant/brewery) to the north, and the Bridge Access Road to the east. The proposed use would be consistent with the development of this area. Mitigation measures and buffers have been added as conditions to minimize the conflicts with adjacent industrial uses and non -compatible commercial uses. RELEVENT GOALS 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. Goal 2 - Provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Criteria 4: Public services and facilities are adequate to serve the proposed use. City water and sewer are available to serve the proposed RV park. Childs Avenue is a 60-foot wide gravel road, not maintained by the City. Improvements to Childs Avenue may be necessary with the surrounding uses sharing the same access on Childs Avenue to Bridge Access Road. Staff recommends the following condition to ensure adequate public services and facilities are provided. • Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for onsite water system and sewer collection system. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. ,ndings: There is an adjacent RV Park that has been operating since 2005 and staff finds another RV park within the vicinity will not be harmful to public safety, health, or welfare. The proposed RV park seeks to accommodate at a maximum capacity of 50 RV spaces which the number of RV spaces may be reduced if the site layout cannot accommodate 50 RV spaces (to be determined during the building permit process). Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 3 of 5 Access is off of Childs Avenue, which will be shared with the adjacent RV park and future restaurant/brewery. A condition has been recommended to address improvements to the road as needed or determined by the Public Works Department. 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: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section 14.20.245 Recreational Vehicles that must be met prior to the issuance of a CUP for a RV park. Condition 1: Adequate utilities for projected or actual use shall be available. Findings: This condition is met or will be as met as noted in the above -mentioned Criteria 4 for a CUP. Condition 2: The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above -mentioned Criteria 5 for a CUP. Condition 3: Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. No additional or specific conditions are required that has not be already identified in above -mentioned criteria for a CUP. PUBLIC NOTIC 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. Subsequently, a correction notice was mailed to the same property owners to inform of an incorrect address indicated on the postcard. City staff published notice of the public hearing as well as the correction notice 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 RFCL_ _MENDATION 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 (a)(1) through (a)(3) of Kenai Municipal Code 14.20.245, and hereby recommends that the Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 4 of 5 Planning and Zoning Commission adopt Resolution PZ2023-08 approving the Conditional Use Permit for a Recreational Vehicle Park, 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. 3. Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged. 4. A traffic mitigation plan will be implemented in coordination with applicable City departments when traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the use. 5. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants are protected from noise and privacy from the surrounding commercial or industrial uses. 6. Prior to the operation of the RV park, consult with the Public Works Department on any potential or required improvements to Childs Avenue and any requirements for the onsite water system and sewer collection system. 7. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. ATTACHMENTS Aerial Map Application Conceptual Site Plan Plat Resolution No. PZ2023-08 Conditional Use Permit Recreational Vehicle (RV) Park Page 5 of 5 Conditional Use Permit Resolution PZ2023-08 RV Park 1088/1120 Bridge Access Road KPNA1 • KPB Parcel IDs. 04901312 and 04901313 AL Ap 0 ra a .ti i 1008 and 1120 Bridge Access Road Parcels Heavy Industrial Date Printed: 5/19/2023 N Map for Reference Only NOT A LEGAL DOCUMENT 0 100 200 400 Feet City of Kenai Pl-anrir.g and Zoning Dcpailmeni Conditional Use Permit 210 FiaalgoAven"ie S Kenai, AK 99611 F. Application (907) 283-8200 planning@kenai.city ,m,i.lcenai.city;planning Name: l.� v art. li� . L} iJ C� r � r -- Mailing Address: t/S 2.. Y{r, City: /, !U `" Stater[ Zip Code: Phone Number(s): �07 Zjt Email: �� !� {rSx�lb G►�l C �" tlAll _ 0114 Name: Mailing Address: City: State: Zip Code: Phone Number(s): Email: , Kenai Peninsula Borough Parcel # (Property Tax ID): d4 ?6112- Q p Physical Address: t 5' Z S n Legal Description: e V,G( (4 sy ' At-4 Zoning: l E{ Acres: Z - s, How is this property currently being used? '4h/ Conditional Use Requested for (attach additional sheets if necessary): ?1 (10'r'' ;r, S h ipr /4 fil IO Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: bU(- 10 --t1JJ�S L) 3e WJ \t ae Ca ncWG+"b(\a) lr\o s -r--cf-C or U-,QS 6A&�a c man c 6mv - c-� 6 t C ,r f eXdJ-K f kC&--k Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: ��I112.rt 1S h o�- Cm-\. CLCLSo t,ra- 4 1 nar1Y� \Oro iFQ rC -y5 LL)l \,i VACS �o,2 l V�170�-E2 C� E Use of surrounding property - north: Use of surrounding property - south: Use of surrounding property - east: i , ,t ►7 - '.v / Use of surrounding property - west: I Ca/+1,!1 �� c,,�¢��_ Explain how the conditional use is in harmony with the City's Comprehensive Plan: W Q_ ii��CLn Wrld U Se- Pam- a.net t"D �'t'�'Q-�►Gj�'h2.�1 AAAk ercorxe>hti�C auot'\avc,�di5 At) en hcth c2 C.ornvnun i t-y pmvi &Jylcc re mason <br m&Ae_v\ k S 0..r\ a Visi Ctrs *j our co rk rv-u n c 11-7• Are public services and facilities on the property adequate to serve the proposed conditional use? t�Q,s Explain how the conditional use will not be harmful to public safety, health, or welfare: �V OL(-\C-) Cie e- short o-f\d1. Gb6c7 Vend6 rs CLa bo_ 1-\a c' w\'-ej 1 Tb N%N� i�v10` Z C SQ_C-N- - 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 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 als-o 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 'p Ahorized to access the above -referenced property for the purpose of processing this Signature: , "tx Date: - - - - - -- Print Name: v f� /��R l?J'1G�¢s�/�� Title/Business: For City Use Only Gate Application Fee. Received: PZ Resolution Number: 2 7 m LL W O O M. F W= N LL O W _ J N m m o �J =3�a oN oO- z Y a act i Z Y 6 24 W 2 2 Ow W uaY r1 ,�.f ;;] ay <¢ w a. O d _ OF-Q W y a a cn WM O F- 0 O C9 = X wCC Q Z Y z W m y W W Z > W W g Z OW. V ql= Z U O - y J 3 J O W mh 7N a� M 0. F W p W m = Z-0 0- a m O W =�ma J U m MO w C y~ Q �� rW N O Zf a (L 0 a Q U LL°Doaz F N J a a. y s ¢Z 2 KO U N Y m Q O S• p �... 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