HomeMy WebLinkAboutResolution No. PZ2023-18\-
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ2023-18
A RESOLUTION GRANTING A MODIFICATION TO THE CONDITIONAL USE PERMIT FOR AN
ASSISTED LIVING FACILITY.
APPLICANT: Aspen Creek Kenai Property, 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 request to modify a condition listed in Resolution PZ2023-05 was submitted to
Planning staff on September 15, 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 September 20, 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. There is no change in use. The use remains consistent with the purpose of the
Kenai Zoning Code and intent of the Suburban Residential (RS) zoning district. The land
use table indicates an assisted living facility is a conditional use and several CUPs have
been granted for the 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,
Resolution PZ2023-18
Page 2 of 3
(B) Generate heavy traffic in predominantly residential areas.
The requested modification to reduce the width of the ROW easement to/from Ponderosa
Street is not anticipated to increase vehicular traffic in the surrounding neighborhood. The
easement access to/from Ponderosa Street is primarily intended to provide emergency
access and vendor deliveries. A one-way access off of North Forest Drive is provided to
minimize vehicular traffic off Ponderosa Street from employees and additional visitors.
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 will not be
significantly impacted by the modification. A landscaping/site plan has been approved by
Planning staff. The reduced easement access width to/from Ponderosa Street is not
anticipated to increase traffic along Ponderosa Street. The applicant is proposing to
construct a minimum 24-foot paved ROW easement for access via Ponderosa Street,
which will provide adequate access for EMS.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The use is not changing. The use will continue to be consistent and compatible
with the Comprehensive Plan. 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.
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 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.
Resolution PZ2023-18
Page 3 of 3
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findincs: There is no change in use. City water and sewer services are available to serve
the subject property. North Forest Drive is a paved and City -maintained road. Access will
also be provided via the ROW easement to/from Ponderosa Street, which will be reduced
to a minimum 30-foot ROW easement on the adjacent property and subject to meeting
city standards.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: There is no change in use. The modification will not be harmful to public
safety, health, or welfare. The modification will provide adequate access for EMS, which
promotes public safety by providing additional access.
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: Additional or specific conditions are not necessary to address the above -
mentioned criteria.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a modification to condition 3 listed in Resolution PZ2023-05 to obtain a 60-foot
right-of-way easement is reduced to a 30-foot in width right-of-way easement is
granted for a conditional use permit to expand 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 modification to the conditional use permit is subject to the conditions in CUPs
(Resolutions PZ12-22, PZ15-24, and PZ2023-05) and the following condition:
1. Obtain a minimum 30-foot in width right of way easement on the adjacent property for
ingress and egress from/to Ponderosa Street.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 27T" DAY OF SEPTEMBER, 2023.
JEFFv
IT, CHAIRPERSON
ATTEST:
Megh Thil:i6deaU, Deputy City Clerk
CI
STAFF REPORT
PLANNING &ZONING DEPARTMENT
E N
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: September 26, 2023
SUBJECT: Resolution PZ2023-18 — Conditional Use Permit Modification — Assisted
Living Facility Expansion
Request The applicant is requesting to modify a condition listed in Resolution
PZ2023-05 for the expansion of the assisted living facility.
Staff Adopt Resolution PZ2023-18 approving a modification of a condition
Reoorii-nendation listed in Resolution PZ2023-05 for a Conditional Use Permit to expand
the assisted living facility.
Applicant Aspen Creek Kenai Property, LLC
c/o Douglas Clegg
Property Owner Aspen Creek Kenai Property, LLC
Legal Description Tract 36A of Killen Estates 2014 Replat
Property Address 701 N. Forest Drive
KPB Parcel No. 04321030
Lot Size Approximately 4.64 acres (202,118 square feet)
Zoning Suburban Residential (SR)
Current Use Assisted Living Facility
Land Use Plan Suburban Residential
II LT, lii1I_111 rVA
i ne suaject property was grantea uonaitionai use rermits (L;urs) Tor an assistea uving Tacwry
(Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2; Resolution PZ2023-05 for
an expansion to connect Buildings 1 and 2) on a property described as Tract 36A, Killen Estates
2014 Replat located at 701 N. Forest Drive in the Suburban Residential (RS) zoning district.
On March 22, 2023, Planning and Zoning Commission granted an amendment to the conditional
use permit (CUP) to expand the assisted living facility by connecting buildings 1 and 2. The
applicant is requesting to modify condition 3 listed in Resolution PZ2023-05, which requires the
applicant to obtain a minimum 60-foot right of way (ROW) easement on the adjacent property for
ingress and egress from/to Ponderosa Street. The modification will reduce the ROW easement
width to/from Ponderosa Street from 60 feet to 30 feet. According to the applicant, the acquisition
of the additional ROW easement width has been challenging with the adjacent property owner;
therefore, the applicant is seeking a reduction of the ROW easement width to ensure the
construction for the expansion can move forward. Access to/from Ponderosa Street via a ROW
easement is necessary to provide additional access for emergency medical services (EMS).
.-...ALYSIS
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 or amendments, 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.
There is no change in use. The use remains consistent with the purpose of the
Kenai Zoning Code and intent of the Suburban Residential (RS) zoning district. The land
use table indicates an assisted living facility is a conditional use and several CUPs have
been granted for the 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,
(8) Generate heavy traffic in predominantly residential areas.
The requested modification to reduce the width of the ROW easement to/from Ponderosa
Street is not anticipated to increase vehicular traffic in the surrounding neighborhood. The
easement access to/from Ponderosa Street is primarily intended to provide emergency
access and vendor deliveries. A one-way access off of North Forest Drive is provided to
minimize vehicular traffic off Ponderosa Street from employees and additional visitors.
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 will not be
significantly impacted by the modification. A landscaping/site plan has been approved by
Resolution PZ2023-18
Conditional Use Permit Modification
Assisted Living Facility Page 2 of 4
Planning staff. The reduced easement access width to/from Ponderosa Street is not
anticipated to increase traffic along Ponderosa Street. The applicant is proposing to
construct a minimum 24-foot paved ROW easement for access via Ponderosa Street,
which will provide adequate access for EMS.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
. The use is not changing. The use will
continue to be consistent and compatible with the
Comprehensive Plan. 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.
E-- C'_LV_DNT 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 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.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
FindingsThere is no change in use. City water and sewer services are available to serve
the subject property. North Forest Drive is a paved and City -maintained road. Access will
also be provided via the ROW easement to/from Ponderosa Street, which will be reduced
to a minimum 30-foot ROW easement on the adjacent property and subject to meeting
city standards.
Resolution PZ2023-18
Conditional Use Permit Modification
Assisted Living Facility Page 3 of 4
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: There is no change in use. The modification will not be harmful to public safety,
health, or welfare. The modification will provide adequate access for EMS, which promotes
public safety by providing additional access.
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.
Additional or specific conditions are not necessary to address the above -
mentioned criteria.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use modification 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 modification request.
No public comments have been received.
STAFF RECOMMENDATION
Staff finds that the requested modification meets the criteria for issuance of a Conditional Use
Permit modification 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
PZ2023-18 approving the modification to the Conditional Use Permit, subject to the conditions in
CUPs (Resolutions PZ12-22, PZ15-24, and PZ2023-05) and the following condition:
1. Obtain a minimum 30-foot in width right of way easement on the adjacent property for
ingress and egress from/to Ponderosa Street.
ATTAC H M ENT;
Aerial Map
Plans
Resolution PZ2023-05
Resolution PZ2023-18
Conditional Use Permit Modification
Assisted Living Facility Page 4 of 4
KENAI
:10,
Resolution PZ2023-18
Conditional Use Permit Modification
701 N. Forest Drive
KPB Parcel ID: 04321030
Map for Reference Only
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-06
A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN
ASSISTED LIVING FACILITY.
APPLICANT: Aspen Creek Kenai LLC
cio 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 arras 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;
(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.
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 orsuburban 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 forroard-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;
Findirws: 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.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findin s: 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 fufll 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.
Findin s: 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 applicants 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 fromfto 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.
JEFF TWAiT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk