HomeMy WebLinkAboutResolution No. PZ2024-03CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-03
A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT FOR THE
OPERATION OF CABIN RENTALS (i.e., SHORT-TERM RENTALS) WITHIN THE 60-UNIT
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PZ2021-10).
APPLICANTS: Steve Agni and Jackey Hess
PROPERTY OWNER: Kenai Landing, Inc.
PROPERTY ADDRESS: 2101 Bowpicker Lane
LEGAL DESCRIPTION: Tract A-4, Kenai Landing Subdivision 2021 Addition
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910134
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 12, 2024;..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 February 7, 2024, 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 60-unit PUD was granted with an approved CUP and the new
request to allow the operation of cabin rentals would further promote the broad range of
commercial uses in the surrounding area. The land use table specify "cabin rentals" are a
conditional use. In KMC Section 14.20.320 Definitions, "Cabin rentals" is defined as the
renting out of one (1) or more individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than thirty (30) consecutive days.
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.
Resolution No. PZ2024-03
Page 2 of 4
The approved CUP allowed a residential development (PUD) in the IH zone and further
granted alternative methods of development, such modified lot width, lot size, and
setbacks as found in Table A of Resolution PZ2021-10. The intended use of the subject
parcel is primarily residential and the request for cabin rentals would be consistent with
the subject zoning district since this would broaden the commercial use of the premise.
As noted by the applicants, it was their understanding that the approved PUD added
[emphasis added by the applicants] residential uses to the property but it did not restrict
or otherwise limit the property to traditional residential use. However, staff has reviewed
the Resolution PZ2021-10 and the associated Staff Report and it was not explicit that your
Commission, nor the Kenai Zoning Code, granted the operation of cabin rentals for the
60-unit PUD.
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. The Imagine Kenai 2030 Comprehensive Plan
acknowledges the decline for demand of large industrial site and commercial fishing
industry and it has become apparent that these areas need to be revitalized with different
uses. The notion of industrial zones needing to be buffered from residential and
commercial areas to avoid any nuisance effects does not apply to this subject parcel and
surrounding area. The subject parcel and surrounding areas in the adjacent IH zone have
gradually transitioned into primarily commercial uses through approved CUPs.
Staff finds the proposed use would improve the economic and noneconomic value of the
adjoining property and neighborhood. As noted by the applicants, short-term rentals will
contribute to the viability of new development and ultimately enhance the assessed value
of these legacy fish processing site.
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 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 property is surrounded by the Kenai River to the east; lodging, offices and restaurant,
known as "The Cannery Lodge" to the south, wetlands to the north, and vacant parcels
with access road to the west. The proposed use would be consistent with the development
of the surrounding area. Mitigation measures and buffers were reviewed and considered
in the approved PUD. The applicants indicated that details of the constructions, such as
windows and view-scapes were implemented to minimize visual view to and from adjacent
Resolution No. PZ2024-03
Page 3 of 4
units. Staff finds the proposed use does not require additional mitigation measures or
buffers since there are not any new adverse impacts to consider between units 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.
Obiective 0-1
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.
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: The streets and water and waste systems are privately owned and maintained.
Public and private utilities and services are present and adequate to serve the 60-unit
PUD.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: There are adequate services, access, and parking to serve the PUD and the
proposed use. Staff finds the proposed use would not adversely impact 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 be consistent with the same requirements as other CUP holders/operators,
KMC Section 14.20.150, Issuance of the Permit, if the permit is for use that requires to
collect sales tax, a borough sales tax account must be obtained. Staff recommends the
adding the following condition.
• Each short-term rental unit owner or operator must have a valid borough sales tax
account.
Resolution No. PZ2024-03
Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That an amendment to the conditional use permit is granted for operation of cabin
rentals (i.e., short-term rentals) within the 60-unit planned unit residential
development (PZ2021-10) on Tract 4-A, Kenai Landing Subdivision 2021 Addition
located at 2101 Bowpicker Lane.
Section 2. That the amendment to the conditional use permit is subject to the original conditions
in the CUP (Resolution No. PZ2021-10) 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. Each short-term rental unit owner or operator must have a valid borough sales tax account.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 14TH DAY OF FEBRUARY, 2024.
ATTEST:
Meghan Thihodeau, Neputy City Clerk
O A EAD, CHAT ERSON
r"
• ,
i
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: February 9, 2024
SUBJECT: Resolution PZ2024-03 — Conditional Use Permit Amendment — Cabin
Rentals (i.e., Short -Term Rentals) for the 60-Unit Planned Unit Residential
Development (PZ2021-10)
Request The applicants are requesting the operation of short-term rentals within
the 60-unit planned unit residential development.
Staff Adopt Resolution PZ2024-03 approving an amendment to Conditional
Recommendation Use Permit for the 60-Unit Planned Unit Residential Development
(Resolution PZ2021-10) to allow cabin rentals (i.e., short-term rentals).
Applicants
Property Owner
Legal Description
Property Address
KPB Parcel ID
Lot Size (acreage)
Zoning
Current Use
Land Use Plan
JUMMAKY
Steve Agni and Jackey Hess
Kenai Landing, Inc.
Tract A-4, Kenai Landing Subdivision 2021 Addition
2101 Bowpicker Lane
04910134
10.24
Heavy Industrial (IH)
Planned Unit Residential Development
Industrial
The Planning and Zoning Commission granted a Conditional Use Permit (PZ2021-10) for a 60-
unit planned unit residential development ("PUD") located at Tract A, Kenai Landing Cottages
Subdivision (now, Tract A-4, Kenai Landing Subdivision 2021 Addition) to Kenai Landing, Inc. on
April 28, 2021. The applicants are requesting a conditional use permit (CUP) amendment to
authorize the use of short-term rental of the entire dwelling within the 60-unit PUD to be consistent
with limitations specified in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
filed in the Kenai Recording District Document No. 2022-060024-0. The applicants clarified that
bed and breakfast activities involving the rental of a room or portion of a dwelling are not part of
or request by this [CUP] application. In addition, the applicants have indicated that short-term
rentals in the PUD are limited to stays of three (3) days or more and require a rental of the entire
dwelling unit, subject to the CC&Rs.
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 or amendment, 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 60-unit PUD was granted with an approved CUP and the new
request to allow the operation of cabin rentals would further promote the broad range of
commercial uses in the surrounding area. The land use table specify "cabin rentals" are a
conditional use. In KMC Section 14.20.320 Definitions, "Cabin rentals" is defined as the
ranting out of one (1) or more individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than thirty (30) consecutive days.
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 approved CUP allowed a residential development (PUD) in the IH zone and further
granted alternative methods of development, such modified lot width, lot size, and
setbacks as found in Table A of Resolution PZ2021-10. The intended use of the subject
parcel is primarily residential and the request for cabin rentals would be consistent with
the subject zoning district since this would broaden the commercial use of the premise.
As noted by the applicants, it was their understanding that the approved PUD added
[emphasis added by the applicants] residential uses to the property but it did not restrict
or otherwise limit the property to traditional residential use. However. staff has reviewed
the Resolution PZ2021-10 and the associated Staff Report and it was not explicit that your
Commission, nor the Kenai Zoning Code, granted the operation of cabin rentals for the
60-unit PUD.
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 impaired by the proposal. The Imagine Kenai 2030 Comprehensive Plan
acknowledges the decline for demand of large industrial site and commercial fishing
industry and it has become apparent that these areas need to be revitalized with different
uses. The notion of industrial zones needing to be buffered from residential and
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short -Term Rentals) for Planned Unit Residential Development Page 2 of 5
commercial areas to avoid any nuisance effects does not apply to this subject parcel and
surrounding area. The subject parcel and surrounding areas in the adjacent I zone have
gradually transitioned into primarily commercial uses through approved CUPs.
Staff finds the proposed use would improve the economic and noneconomic value of the
adjoining property and neighborhood. As noted by the applicants, short-term rentals will
contribute to the viability of new development and ultimately enhance the assessed value
of these legacy fish processing site.
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 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
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 property is surrounded by the Kenai River to the east; lodging, offices and restaurant,
known as "The Cannery Lodge" to the south, wetlands to the north, and vacant parcels
with access road to the west. The proposed use would be consistent with the development
of the surrounding area. Mitigation measures and buffers were reviewed and considered
in the approved PUD. The applicants indicated that details of the constructions, such as
windows and view-scapes were implemented to minimize visual view to and from adjacent
units. Staff finds the proposed use does not require additional mitigation measures or
buffers since there are not any new adverse impacts to consider between units and
surrounding 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.
Obiective 0-1
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.
Obiective ED-9
Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities,
conventions, festivals, arts, cultural and other events.
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short -Term Rentals) for Planned Unit Residential Development Page 3 of 5
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.
The streets and water and waste systems are privately owned and maintained.
Public and private utilities and services are present and adequate to serve the 60-unit
PUD.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings There are adequate services, access, and parking to serve the PUD and the
proposed use. Staff finds the proposed use would not adversely impact 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 be consistent with the same requirements as other CUP holders/operators,
KMC Section 14.20.150, Issuance of the Permit, if the permit is for use that requires
to collect sales tax, a borough sales tax account must be obtained. Staff recommends
adding the following condition.
• Each short-term rental unit owner or operator must have a valid borough sales tax
account.
'9131-In NL , iCE
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 at
least seven (7) days prior to the date of the hearing. 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.
STAFF RECOMMENDATION
Staff finds that the proposed amendment to the CUP for the operation of cabin rentals (i.e., short-
term rentals) within the 60-unit PUD on Tract A-4, Kenai Landing Subdivision 2021 Addition
located at 2101 Bowpicker Lane meets the criteria and conditions 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 PZ2024-03
approving the amendment to the Conditional Use Permit, subject to the original conditions in CUP
(Resolution PZ2021-10) and the following conditions:
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short -Term Rentals) for Planned Unit Residential Development Page 4 of 5
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. Each short-term rental unit owner or operator must have a valid borough sales tax account.
Aerial Map
Application
Applicants' Memorandum
Resolution PZ2021-10
Kenai Landing Subdivision 2021 Addition Plat
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short -Term Rentals) for Planned Unit Residential Development Page 5 of 5
PZ2024-03 -Conditional Use Permit
Cabin Rentals (i.e., Short -Term Rentals)
for 60-Unit Planned Unit Residential
K F. N A I Development (PZ2021-10)
&A
N
0 125 250 500 Feet
Map for Reference Only
NOT A LEGAL DOCUMENT
7
Cfty of Kenai
Planning and Zoning Department
Conditional .Use Permit
lib FWalga Avenue
ti Application
Kenai, AK 99611
(907) 283-UM
planning@kwial.city
www. kenai. rityip la nn i ng
Name:„iJ-
Mailing Address:
(�
City:
rkC1',tD State: i9
K=
Zip Code:
Phone Number(s):
� -�"S3 �67
- 4' 3-5 7--
ad e
-
Name:
Malting Address:
City:
state:
I
jZjP Cade:
Pi}one Nurnber(s):
Email:
Kenai Peninsula Borough Parcel # (Property Taos ID):
Q
Physical Address:
j
A O Z-
nQK
Legal Description:
N W � ecL i
A 1-6
Zoning:
FLIP F 2.
Acres:
(include site plan/floor plan with
square footages)
MtulBusiness License andTaxCompliance
Slate
How is this property currently being used?,
applicable)
�fVt
Conditional Use Requested for (attach additional sheets if necessary):
SW- Prrw'ho Mega
Explain haw the conditional use Is consistent with purposes and
Intent of the zoning district of the property:
Explain how the vatue of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
Use of swroundIng property - north:
Use of surrounding property - south:
Use of surrounding property - east
Use of surrounding property - west;
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
Are 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?
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I heve 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 sfte 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:
Data:
—
Print Name:
P�CA�jUQ(' (} -- --
`}. Titlelpusiness:
Date Application Fee Received:
For City Use Only
PZ Resolution Number
Memorandum in Support of Conditional User Permit Application
Authorizing Short Term Rentals within: Home Port Planned Unit Development PZ 2021-10
Submitted By: Steve Agni, Co -Owner of Unit CS-2, Home Port PUD
Date: 1/10/2024
This Memorandum will supplement and become a part of the Conditional Use Permit Application
submitted by Steve Agni and Dackey Hess owners of Unit CS-2 and pertain to ALL units now or
hereafter constructed within the approved PUD area pursuant to PZ 2021-10.
How is the Property currently being used: The Property is being used for residential purposes
including short term rental in the summer of 2022 and limited home office activity.
Conditional Use Requested: The Conditional Use requested is the authorization of short term rental
of the entire dwelling, consistent with limitations specified In the Declaration of Covenants
Conditions and Restrictions filed in the Kenai Recording District Document No. 22-060024-0. Bed
and Breakfast activities involving the rental of a room or portion of a dwelling are not part of or
requested by this application.
Explain how the Conditional Use is consistent with the purposes and intent of the zoning district
of the property: The IH or Heavy Industrial district zoning applicable to the property allows for many
industrial and commercial activities that are most appropriate when separated from other
residential uses. The PUD passed In 2021 by the Planning Commission added residential uses to the
Property. It did not restrict or otherwise limit the property to traditional residential use. PUD 2021-
10 added use authorization. It did not limit use authorization.
short term rentals are a modern expression of residential use, but are clearly a residential use and
activity. Persons renting the dwelling unit use it to occupy and live within in. They conduct the
residential purpose albeit for It limited period of time and that activity is consistent with the
multi pie and varied types of uses contemplated with the "IH" zone.
Use of Surrounding Property North: Undevelopable wetlands parcel of about twenty acres.
Use of Surrounding Property South: Commercial lodging, offices and dining. The "Cannery Lodge:'
Use of Surrounding Property East: Kenai River and undevelopable wetlands exceeding 100 acres.
Use of Surrounding Property West: Right of way, Cannery road with industrial and wetlands.
Explain how the conditional use is in harmony with the City's Comprehensive Plan: The City of
Kenai Comprehensive Plan has recognized that the historic fish processing activity along the Kenai
River which includes this Property are no longer viable as commercial fish processing. The land and
facilities comprising this area must he re -purposed to serve usages that are economically productive
and add much needed assessed value. New residential activity and development that does not
intrude into existing neighborhoods that allows for short term rentals will contribute to the viability
of new development and ultimately enhance the assessed value of these legacy fish processing sites.
Are public services and facilities on the property adequate to serve the }tMosed Conditional Use.
As concluded by the Planning Commission in 2021, public and private utilities and services are
present In sufficient kind and quantity to support up to sixty dwelling units.
Explain how the Conditional Use will not be harmful to the public safety, health or welfare: There
are no existing residential properties that adjoin or are even within ordinary hearin distance of the
PUD site or the specific unit CS-02 described here. This Conditional Use activity, short term rentals is
being authorized Ina new develop ment that is physically separated by very large distances from
existing residential development. Any new buyer or resident in the new Home Port Development is
charged with knowledge of the Recorded Declarations governing the property. That Declaratton
addresses short term rentals specifically and provides strict controls on the activity enforced by the
Home Owners Association granted power to enforce the terms with the right to impose penalties
and exercise liens against non -compliant owners and activities. A copy of the relevant sections of the
recorded Declaration is attached here.
Are there any measures with access, screening, site development, building design or business
operations that will lessen the potential activities of the use to neighbors: in addition to the
physical separation and the HCA management of the PUD, specific building attributes are included in
the new dwellings constructed at Home Port. Anticipating short term rentals, the new residential
units have fire suppression sprinklers installed to current lodging codes. Windows and view-scapes
have been placed in the dwellings to minimize view to and from adjacent units, while emphasizing
views to the open spaces. Parking Is provided both as enclosed within the dwelling and in specified
outdoor spaces, all subject to HOA control. The entire Home Port development is now controlled by
an automatic access gate intended to limit access only to Owners and authorized guests.
Conclusion: Short term rentals at Home Port are limited to stays of three days or more and require a
rental of the entire dwelling unit all subject to a rigorous set of limitations set forth in the recorded
Declaration that renters and owners are all subiect to. There are no existing dwellings nearby to the
property that could be affected if there was any undesirable resuRs. Short term rentals are In fact a
residential activity and use that are conducted by individuals who occupy the dwelling for a time
shorterthan traditional rentals. When subject to proper controls this activity will enhance assessed
values and enjoyment of property for both Owners and the occupants.
Thank you for your approval of this Conditional Use Application allowing short term rentals within
the Homeport PUD (PZ2021-10) consistent with the Recorded Declarotion.
(d) Each lease must attom to the Association as landlord solely for the purpose of
enforcing the mstrictions of the Documents following Notice end Hearing to the
Unit Owner, and an opportunity to cure the violation, and then by direct levy,
injunction and/or eviction by summery process, agginst the tenant(s). The
Association will not otherwise assume the responsibilities or obligations of the Unit
Owner under the lease.
(e) A terra and complete copy of the lease, the name and current telephone contact
number of each ttrnam and the name and current telephone contact number of the
Unit Owner (or their designatted agent), shall be provided to the Executive Board at
least fire (5) days prior to the first day of the lease term. The Unit Owner shall
promptiyprovide the Executive Board with written notice of any termination ofthe
lease.
(f) A copy of the Rules must be conspicuously posted or displayed within the Unit.
(gj The Unit Owner must either be personally available by telephone or have a
designated agent available by telephone at alt threes during the term of the lease. if
a Unit Owner will not be personally available, the name and telephone contact
number of their designated agent shall be provided to the Association in writing
prior to the first day of the lease term. The Unit Owner or their designated agent
must be able to promptly contact the temant(s) for purposes of addressing any
complaints and/or violations of the Documents.
(h) The Unit Owner must obtain and maintain appropriate insurance coverage for
property damage or personal injury caused by any tenant(s) or otherwise arising
from the lease of the Unit. Proof of such insurance shiall promptly be provided to
the Executive gourd upon request.
(i) The Unit Owner shall remain liable for compliance with file Documents, and sha[l
be responsible for securing such compliance from the tenant(s) of the Unit.
(j) The Unit Owner shall be responsible for the payment of all assessments or fines
that are assessed by the Association as a resent of the actions or omissions of any
tenard(s) or their guests.
Section 9.28 - Transient Umc. No Unit maybe used for bed and breakfast, transiem% hotel
or motel purposes. If a unit is owned or leased by a business entity or individually owned business,
the occupancy of the Unit by employees or guests of the business is permitted ,only if the same
employee(s) or guest(s) intends to occupy the Unit for a period of at least three (3) flays.
Dwlararion of Noble Port at KeMW Lo►rAV 33
M
page 40 of 101
302-2029-06024— Q
within the Common Elements unless expressly authorised by, and then subject to such conditions
as may be Imposed by, the Executive Board:
(i) Disposing of lawn or yard waste.
(ii) Disposing of Garbage or other materials.
(iii) Cutting, mowing, harvestin& or disturbing the gees, shrubbery, or
other natural vegetation.
(iv) Overnight camping or the erection of tents or other shelters,
(v) Processing fish or other animals.
Section 9.25 - CornNiattee with Documents g ..fir. The use of a Unit and all activities
within the Common Interest Community shall be in compliance with the provisions of the
Declaration and other Documents, and Unit Owners and Improvements within a Unit shall comply
with and conform to all applicable Federal, State, and local laws and regulations. A violating Unit
Owner shale hold the Association and other Unit Owners harmless feorn all demands, claims, fuics,
penalties, coals, fees, damages, losses, awards, judgments and liabilities that in any way arise out
of, result from, the violation thereof or non-compliance therewith.
Seed ti 4.26 Liability for fl ardotts Materials. In the event that any fuel, oil, lubricant, or
other Hazardous Material is spilled, released or discharged in any Unit or in, on or about arty
Common E[etnent, or any property or surface or ground water adjacent thereto, the Unit Owner
who caused or Buffered, or whose invitee caused or suffered, such spill, release or discharge, shall:
(a) promptly respond to and remediste such spill, release or discharge in accordance with the
requirements of applicable law; and (b) defend, indemnify and hold harmless the Association, the
other Unit Owners and the State from all demands, claims, faces, fittest penalties, judgments,
awards, costs, damages, lasses, obligations, and Iiabi[ities that in any way arise out of, result from
or are based upon any legal obligation to respond to, rernediate and/or dispose of such spilled,
released or discharged fuel, oil, lubricant, or Hazardous Material.
Ssctipn 9.27 - Leasing. No Unit. or any portion thereof, may be conveyed pursuant to a
time-sharing plan. A Unit may be rented only by a written lease, subject to the following:
(a) The lease shall be for the entire Unit. A lease of only a portion of a Unitis
prohibited.
(b) Each lease must have a lease term of at least three (3) days, which lease term must
be entered into in good faith.
(e) Each lease must incogon to the terms and restrictions of the Documents as a
personal obligation of each tenant.
Deelaradon of time Port at Kenai Lending
l�
Pop 29 of 101
302-2021•-MOS-9
o--
r-4----
i
N
C
0
z
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO.2021-10
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT.
APPLICANT: Kenai Landing, Inc.
REPRESENTATIVE: Jonathan Faulkner
PROPERTY ADDRESS: 2101 Bowpicker Lane
LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910123
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on March 12, 2021; and,
WHEREAS, the applicant has demonstrated with plans and other documents 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 April 28, 2021, 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;
Criteria Met: The Kenai Municipal Code 14.22.010 — Land Use Table provides that a
planned unit residential development is a conditional use for the Heavy Industrial zoning
district. The proposed street network is anticipated to be sufficient to accommodate the
traffic generated from 60 residential units in Phase A. In addition, a conditional use permit
for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential
Development.
b) Planned Unit Residential Development shall be subject to the following
standards:
(1) The proposed development shall meet the applicable conditions specif<ed in
KMC 14.20.150,
Resolution No. PZ2021-10
Page 2of6
Staff Response: The planned unit residential development and the associated 60 dwelling
units meet the intent of KMC14.20.150, given compliance with the staff recommended
specific conditions set forth below.
(2) A detailed development plan shall be submitted to the Commission including a
site plan drawn to scale. The site plan shall include, but not be limited to, the
topography and drainage of the proposed site, the location of all existing and
proposed structures, designated areas of common open space, internal and
external circulation patterns, and location of the required parking spaces. A general
floor plan of the principal buildings, together with any requested information, shall
also be submitted to the Commission. A development schedule shall also be
submitted for the purpose of coordinating. the development and open space
components of the Planned Unit Residential Development.
Staff Response: A detailed development plan has been submitted by the applicant and
includes exhibits fora site plan, utilities, parking, phasing, development areas, open space
plans, and general floor plans.
(3) The minimum parcel size allowed for a Planned Unit Residential Development
shall be two and one-half (2.5) acres, Inclusive of any dedicated right-of-way or
public use easement which may exist within the boundaries of the site.
Staff Response: This application meets this standard with an approximately 13 acre
project site for Phase A.
(4) The maximum number of dwelling units per acre allowable within the gross area
of a Planned Unit Residential Development shall be as follows:
Zoning District (Gross
Area)
Rural Residential
Suburban Residential
Urban Residential
V
Dwelling Units/Acre
Six (6)
Subject to Commission
Determination
Subject to Commission
Determination
i
Staff Response: The Heavy Industrial zoning district is not specified in this standard's
table, therefore, the dwelling units per acre are subject to Commission determination.
Staff considers this application meeting this standard with a 4.59 dwelling units/acre, less
than the 6 dwelling units per acre of the low -density Rural Residential zoning district, a
zoning district that generally does not have as much intensity of use as the Heavy
Industrial district.
(5) The allowable land use activities shall include the following:
Resolution No. PZ2021-10
Page 3of6
(A) Residential uses including single-family, duplex, multiplex, and townhouse
dwelling units;
(6) Any principal, secondary, or conditional uses permitted within the zoning
district In which the Planning Unit Residential Development is to be established.
Staff Response: This standard is met with the inclusion of single-family, duplex, multiplex,
and townhouse dwelling units.
(6) The building coverage within the Planned Unit Residential Development shall
not exceed thirty percent (30%) of the site area in the RR and RS zones or forty
percent (40%) of the site if located in the RU zone.
Staff Response: Phase A lot coverage is approximately 10% of the 13.05 acre project site,
therefore, this standard is met as substantially lower than 30% tot coverage.
(7) The following design standards shall govern the Planned Unit Residential
Development.
(A) The development requirements of the specific zoning district, except as
otherwise allowed, shall apply to all portions of the development,
Staff Response: Prior to issuance of a Building Permit, conditions listed under 14.20.160
Townhouses must be reviewed and approved by the Planning Director. Adjustments to
criteria regarding lot width, lot size, and setbacks will be considered due to the nature of
the project, including the Condominium approach in lieu of fee simple lots. This condition
of approval is noted below.
(S) All areas not devoted to building or associated parking areas shall be left in its
natural state, appropriately landscaped, utilized for an active or passive recreation
area, or developed for a purpose specified in a submitted site development plan;
Staff Response: Exhibits have been provided demonstrating the reserved usable open
space, which includes a dock, promenade, plaza, and natural spaces. A detailed
landscape/site plan is required as a condition of approval as noted below.
(C) A minimum of thirty percent (30%) of the site shall be reserved as usable open
space. Any portion of this open space may be reserved in common for the benefit
of the residents within the Planned Unit Residential Development.
Staff Response: Approximately 34% of the project site is reserved as usable open space.
(D) Residential and nonresidential uses within the Planned Unit Residential
Development shall be separated by a buffer strip, landscaped area, fence, or other
manner deemed appropriate by the Commission.
Staff Response: This application does not have any non-residential uses.
(E) Any use developed along the perimeter of the Planned Unit Residential
Development shall be consistent with principal uses allowed in the abutting zoning
districts.
Resolution No. PZ2021-10
Page 4 of 6
Staff Response: Neighboring parcels are also zoned heavy industrial, and the residential
use of the PUD is considered compatible with the lodging and event uses on the adjacent
property to the south. This application does not have development planned for the
northern perimeter of the subject parcel.
(8) The developer or subdivider of any Planned Unit Residential Development
including common open area, property, or amenities, shall have evidence that
compliance with Uniform Common Interest Ownership Act, AS 34.08, has been
made prior to the sale of any townhouse dwelling units.
Staff Response: This standard has been added as a condition of approval of the
Conditional Use Permit application as set forth below.
2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met. The surrounding neighborhood consists of City leased land, North Pacific
Seafoods, and open space to the north, Cannery Lodge to the south, the Kenai River to
the east, and Hillcorp and residential to the west. Generally speaking, new residential
construction of this nature, t6nds to increase neighborhood property values and should
not negatively impair the value of adjacent properties.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan in the City's Comprehensive Plan designates this
property as Industrial, which may include warehousing, trucking, packaging, distribution,
production, manufacturing, processing, marine -related industry and storage, and similar
industrial activities. As noted in the Comprehensive Plan, the decline of the commercial
fishing industry has affected operations of some fish processing plants, a past use of
the subject property. Kenai Municipal Code 14.22.010 — Land Use Table provides that
a Planned unit residential development is a conditional use for the Heavy Industrial
zoning district, and a development option that can meet the current demands for
multiple types of housing, along with outdoor amenities, in the City of Kenai.
Below are additional goals/objectives from the Comprehensive Plan that support this PUD
application:
• 0-9 Encourage healthy lifestyles by providing opportunities and/or facilities for
outdoor activities.
• LU-14 Ensure a pattern of connecting streets and blocks that allows people to get
around easily by foot, bicycle or car when approving new developments, both
commercial and multifamily.
• LU-10 Encourage creative subdivision design for residential areas.
PR-4 Support projects that provide additional quality outdoor and indoor recreation.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Resolution No. PZ2021-10
Page 5 of 6
Criteria Met. Existing public sewer and water utilities are located on Bridge Access Road
and are approximately two miles away from the subject property, and therefore, are not a
viable option for this project. The PUD Phase A will have access to water, sewer, waste
removal, and road maintenance provided by the commercial condominium. Natural gas
service will be provided by Enstar and electricity by Homer Electric Association. Kenai
Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for
each unit for a total of 120 parking spaces for the 60 units. The attached application meets
this requirement by providing a garage and surface parking for at least two vehicles per
each dwelling unit with an additional 20 spaces dedicated to transient, RV, and boat
launch parking. While primarily provided by a private entity, staff believes the services and
facilities are adequate to serve the development.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: A planned unit residential development of 60 dwelling units for Phase A will
not be harmful to the public safety, health and welfare. Staff believes that services are
available to adequately serve this development. The applicant has provided the City with
a draft site plan, which indicates that there will be sufficient parking available for residents
and guests. The subject property is transitioning away from a traditional heavy industrial
zoning use, and therefore, industrial impacts on public safety, health and welfare do not
have to be considered in evaluating this project.
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.
See Conditions of Approval as set forth below.
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 Kenai Landing, Inc. for the use of a planned
unit residential development with 60 dwelling units on Tract A, Kenai Landing
Cottages Subdivision located at 2101 Bowpicker Lane.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska,
and local regulations.
2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed
and approved by the Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under 14.20.170 Planned
Unit Residential Development must be reviewed and approved by the Planning
Director.
4. Prior to issuance of a Building Permit, conditions listed under 14.20.160
Townhouses must be reviewed for conformity by the Planning Director. However,
Resolution No. PZ2021-10
Page 6of6
due to the unique nature of the project and its status as a condominium, the
criteria under 14.20.160 regarding lot width, lot size, and setbacks is hereby
modified according to the attached Table A as organized by Development Area
and represented on the Home Port master plan.
5. Prior to beginning construction of the project, a building permit must be issued by
the Building Official for the City of Kenai.
6. Applicant will provide a copy of DEC compliance certification on the water/sewer
system.
7. Approval and issuance of the Conditional Use Permit for the Planned Unit
Residential Development results in expiration of PZ2020-35 granting a
Conditional Use Permit for two, two unit townhouses and one three unit
townhouse on the subject property.
8. A yearly Conditional Use Permit report must be submitted to the City of Kenai
prior to the 31 st day of December of each year.
9. The applicant will meet with City staff for on -site inspections when requested.
10. If there is a change of use for the above described property a new Conditional
Use Permit must be obtained, pursuant to 14.20.150(i)(5).
11. Pursuant to KMC 147.20.150(i)(2), this permit shall expire automatically upon
termination or interruption of the use for a period of at least one year.
12. Failure to provide documentation to the City for meeting these conditions shall be
grounds for the suspension or revocation of the conditional use permit.
13. The developer or subdivider of any Planned Unit Residential Development
including common open area, property, or amenities, shall have evidence that
compliance with Uniform Common Interest Ownership Act, AS 34.08, has been
made prior to the sale of any townhouse dwelling units.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28th day of April, 2021.
ATTEST:
JAMIE HEINZ,
CITY CLERK
F TWAIT, CHA PERS N
0>'.%
w
oEv
un nlreiw®raa,n,.u+woavn 9h%93Nk)N3 �� 15
- 61 g-VI<•OII iYN]C!1 S.'�� Lau y�y
CG9I LI" 16 M ^OL VRS7 ff �.f�311 CL QG?a
1 ltfi,i Siv '11MiY b
- L M]IYV'OIG GGl I1■i�YM ..may � � � p � �
rira7rrrari7 vnlu.-+nr>•+aa
p
f
I
k��
ƒ0W
�
!!�
�
�
■
e
z
a
i
=|kmme
Ia-
J&
!
)
~\15
E-
�l,.
z■
2f■b
2
e�
■
f■
q
E8
{{_
!
�
)
§ b
■s
E
!2K
in
k■
_
a
§
IC
k
kka
k
!
t
&
k
Eels
E7
2
i
■�
@§�-a§
!!&
4-k
%Karon tin,evai
-----�'---'
,-
V x xa n
`------- ------'--
a---- ----
.,aein
laLa:nS. sz+w,E
3J !bY
Sk YY
6
—
----
--- -.-- ,_r - —
ay�y,Yn1C,F
-----
s
Ea
"I � ° i�q
� "�iy�''�o•
I
'
i
T.
A
A 4
o �
NIP
Y Y
3111
4v 2
Fli
O N _
Y rn
\�(viz
x
`
Y
1 e
9
,11
�
F
5�
e
as -a--�r e� � n ��3g Y,b- q _'i6g at :5 ra
I�b=:a 3
;fi-Pg,. b @
TEg��s�VR" � b
a� "&„! y e� ��?gg eYB�@�a
3 k£NQ
+gag I s PY u i d � cg '_ 441 b $R g� ; I. -NJ! JF FQ.�waRjl. g Ur
_'- a s= es �"tl s e gg � age _ �� EN d �
i€EE r.• „ t iyX!H11 e`'f•i �3`B�afl e** rrx6 t
•_�'?�=xe2n3c -' S s Ct'_ rgF�l fi� Yx2i 50C 2 - rl.t
:i u ss a W�. �' �e;•:` a iR �...,p'Fp L '#.y k>5� ► 3-
.i"' g
.�t d nif;n g� -s# if a"e a`�`ar6 3g
p .sE i sE e UNK989 'UME Ma , =$ Moll
1
1 ,
gym, ..___.___..____.
`Q'• twil m.. coot ua au .w �
-------- ------ - alias - {-� ��, a •,�1
Y _ U