HomeMy WebLinkAboutResolution No. PZ2024-1411KF=NAo
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-14
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR CABIN RENTALS OF A
FOUR -FAMILY DWELLING.
APPLICANT: Rebecca S. Ross
PROPERTY ADDRESS: 106 N. Tinker Lane
LEGAL DESCRIPTION: Lot 3, Block 1, Scalf Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04515201
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 16, 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 June 12, 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 land use table indicates a cabin rental (i.e., short-term rental) is a
conditional use; therefore, a conditional use permit may be granted for a cabin rental.
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 No. PZ2024-14
Page 2 of 4
(B) Generate heavy traffic in predominantly residential areas.
The proposed use would not violate the residential character of the neighborhood as it
would function as both long-term and short-term rentals. Furthermore, the proposed use
is not anticipated to generate heavy traffic as the applicant intends to limit the number of
adult guests, which would operate similar to the long-term rentals. The existing density
would remain unchanged since there is no proposed alteration to increase the number of
dwelling units. The proposed use is strictly limited to the fourplex. Staff finds that the
proposed use meets the intent of the RS zoning district.
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 proposed use is similar to the adjacent property to the south, located at
104 N. Tinker Lane. In early 2022, a CUP was granted for a cabin rental at 104 N. Tinker
Lane (Resolution PZ2022-01) and the City has not received any zoning complaints on the
cabin rental operation. Staff finds the proposed use, similar to the adjacent property, would
not have an adverse impact on the neighborhood and adjoining properties. As noted in
the application, the applicant intends to enhance and improve the property's curb appeal,
thus. improving property values of the property and adjacent properties. Each unit has its
own designated parking, utilities, and refuse. Staff finds the proposed use would not impair
the economic and noneconomic value of adjacent properties and neighborhood.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Suburban Residential (SR) land use classification. The SR Land Use
Classification is defined in the Comprehensive Plan:
Suburban Residential is intended for single-family and multi -family
residential uses that are urban or suburban in character. The area will
typically be developed at a higher density, lots are typically smaller; and,
public water and sewer services are required or planned. Some
developments may be required to construct streets to a paved standard
and larger subdivisions may be required to provide sidewalks and public
areas. Parks and open space land uses may be considered appropriate.
The surrounding uses are residential to the north, a cabin rental to the south, a residence
to the east and Kenai Middle School to the west. Within the vicinity, there are
nonresidential uses, such as the Kenai Central High School, Disc Golf Course, and Oiler's
Ball Field. Staff finds that new buffers are not required as the subject property is adjacent
to a portion of undeveloped right-of-way to the north, a vacant lot to the east, and a similar
use to the south.
As stated by the applicant, the proposed use would attract more visitors to Kenai, increase
social economy, provide jobs to locals, and add value to adjacent properties with
improvements in "creating a positive climate for private investment" as identified in Goal
2, Objective ED-2 of the Comprehensive Plan. Furthermore, the applicant is requesting
the CUP to have the option to rent out the dwelling units as needed and/or necessary.
Staff finds that the proposed use is consistent with the SR Land Use since it envisions a
Resolution No. PZ2024-14
Page 3 of 4
mixture of single-family and multi -family residential uses in an urban or suburban
environment.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1: Establish siting and design standards so that development is in
harmony and scale with surrounding uses.
Goal 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Objective ED-2
Implement business -friendly regulations, taxation and incentives to create a stable,
positive climate for private investments.
Objective ED-9: Capitalize on the tourism industry by marketing Kenai as a
destination for recreational activities, conventions, festivals, arts, cultural and other
events.
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer are available and adequate for the proposed use. Tinker
Lane is a paved City -maintained road.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: The subject property has adequate off-street parking and buffer for the
proposed use to minimize the impact to the surrounding area. The applicant indicates that
generated revenue will be used to enhance and improve the property. Furthermore, the
applicant states they utilize outdoor cameras, professional cleaning services, and limit on
the number of adult guests with close monitoring. Staff finds the proposed use with the
proposed measures by the applicant will not be harmful to the public safety, health and
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: Staff finds that allowing short-term rentals of the existing fourplex would not
cause any adverse impacts on the surrounding properties. The subject property has been
operating the fourplex as a long-term rental for the past 25 years without any zoning
Resolution No. PZ2024-14
Page 4 of 4
complaints or violations. Staff finds that specific conditions are not deemed necessary to
fulfill the above -mentioned conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to operate cabin rentals (i.e., short-term
rentals) of the existing fourplex on a property described as Lot 3, Block 1, of Scalf
Subdivision, located at 106 N. Tinker Lane.
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.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 12t' DAY OF JUNE, 2024.
J05 HkLS , CHAI RSON
ATTEST
Meghan Thibodeari, Deputy City Clerk
• a
u V,
STAFF REPORT
PLANNING &ZONING DEPARTMENT
TO:
Planning and Zoning Commission
THROUGH:
Linda Mitchell, Planning Director
FROM:
Beth McDonald, Planning Administrative Assistant
DATE:
June 7, 2024
SUBJECT:
Resolution PZ2024-14 — Conditional Use Permit — Cabin Rentals
Request The applicant is requesting to operate cabin rentals (i.e., short-term
rentals) at the existing fourplex.
Staff Adopt Resolution PZ2024-14 approving a Conditional Use Permit for
Recommendation cabin rentals of a four -family dwelling.
Applicant: Rebecca S. Ross
Legal Description: Lot 3, Block 1, Scalf Subdivision
Property Address: 106 N. Tinker Lane
KPB Parcel No.: 04515201
Lot Size: 14,658 square feet (0.34-acre)
Zoning: Suburban Residential (RS)
Current Use: Fourplex
Land Use Plan: Suburban Residential (SR)
SUMMARY
The applicant is requesting to operate cabin rentals (i.e., short-term rentals) as needed and/or
when necessary for traveling nurses, ambulatory staff, and seasonal tourists at the existing
fourplex. A Conditional Use Permit (CUP) would allow the existing fourplex to be used as cabin
rentals.
ANALYSIS
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a cabin rental (i.e., short-term rental) is a
conditional use; therefore, a conditional use permit may be granted for a cabin rental.
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,
(B) Generate heavy traffic in predominantly residential areas.
The proposed use would not violate the residential character of the neighborhood as it
would function as both long-term and short-term rentals. Furthermore, the proposed use
is not anticipated to generate heavy traffic as the applicant intends to limit the number of
adult guests, which would operate similar to the long-term rentals. The existing density
would remain unchanged since there is no proposed alteration to increase the number of
dwelling units. The proposed use is strictly limited to the fourplex. Staff finds that the
proposed use meets the intent of the RS zoning district.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings The proposed use is similar to the adjacent property to the south, located at
104 N. Tinker Lane. In early 2022, a CUP was granted for a cabin rental at 104 N. Tinker
Lane (Resolution PZ2022-01) and the City has not received any zoning complaints on the
cabin rental operation. Staff finds the proposed use, similar to the adjacent property, would
not have an adverse impact on the neighborhood and adjoining properties. As noted in
the application, the applicant intends to enhance and improve the property's curb appeal,
thus. improving property values of the property and adjacent properties. Each unit has its
own designated parking, utilities, and refuse. Staff finds the proposed use would not impair
the economic and noneconomic value of adjacent properties and neighborhood.
Resolution No. PZ2024-14
Conditional Use Permit
Cabin Rentals Page 2 of 5
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the 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.
The surrounding uses are residential to the north, a cabin rental to the south, a residence
to the east and Kenai Middle School to the west. Within the vicinity, there are
nonresidential uses, such as the Kenai Central High School, Disc Golf Course, and Oiler's
Ball Field. Staff finds that new buffers are not required as the subject property is adjacent
to a portion of undeveloped right-of-way to the north, a vacant lot to the east, and a similar
use to the south.
As stated by the applicant, the proposed use would attract more visitors to Kenai, increase
social economy, provide jobs to locals, and add value to adjacent properties with
improvements in "creating a positive climate for private investment' as identified in Goal
2, Objective ED-2 of the Comprehensive Plan. Furthermore, the applicant is requesting
the CUP to have the option to rent out the dwelling units as needed and/or necessary.
Staff finds that the proposed use is consistent with the SR Land Use since it envisions a
mixture of single-family and multi -family residential uses in an urban or suburban
environment.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation",
several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1
Establish siting and design standards so that development is in harmony and scale with
surrounding uses.
Goal 2 - Economic Development is to provide economic development to support the fiscal health
of Kenai.
Objective ED-2
Implement business -friendly regulations, taxation and incentives to create a stable, positive
climate for private investments.
Objective ED-9
Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities,
conventions, festivals, arts, cultural and other events.
Resolution No. PZ2024-14
Conditional Use Permit
Cabin Rentals 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.
Findings: City water and sewer are available and adequate for the proposed use. Tinker
Lane is a paved City -maintained road.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: The subject property has adequate off-street parking and buffer for the
proposed use to minimize the impact to the surrounding area. The applicant indicates that
generated revenue will be used to enhance and improve the property. Furthermore, the
applicant states they will utilize outdoor cameras, professional cleaning services, and limit
on the number of adult guests with close monitoring. Staff finds the proposed use with the
proposed measures by the applicant will not be harmful to the public safety, health and
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.
Findir; Staff finds that allowing short-term rentals of the existing fourplex would not
cause any adverse impacts on the surrounding properties. The subject property has been
operating the fourplex as a long-term rental for the past 25 years without any zoning
complaints or violations. Staff finds that specific conditions are not deemed necessary to
fulfill the above -mentioned conditions.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred -foot (300') periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use permit request.
No public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed Conditional Use Permit for cabin rentals (i.e., short-term rentals) of
the existing fourplex on the property described as Lot 3, Block 1, of Scalf Subdivision, located at
106 N. Tinker Lane meets the criteria for issuance of a Conditional Use Permit as set forth in
subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends
that the Planning and Zoning Commission adopt Resolution PZ2024-14 approving the Conditional
Use Permit, 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.
Resolution No. PZ2024-14
Conditional Use Permit
Cabin Rentals Page 4 of 5
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
ATTACHMENTS
Aerial Map
Application
Site Plan
Resolution No. PZ2024-14
Conditional Use Permit
Cabin Rentals Page 5 of 5
KENAI
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Resolution PZ2024-14
Conditional Use Permit - Cabin Rentals
106 N. Tinker Lane
KPB Parcel ID: 04515201
Map for Reference Only
NOT A LEGAL DOCUMENT
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Date Printed:
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06/07/2024
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Conditional Use Permit
Application
City of Kenai
Planning and Zonrrg Department
210 Fidafgo Avenue
penal. AK 99811
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pranning@kenal ci€y
www. ken af.cityf p la n nin g
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Explain how the conditional use is in harmony with the City`s Comprehensive Plan:
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Are public services and facilities on the property adequate to serve the proposed conditional use?
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Explain how the conditional use will not be harmful to public safety, health, or welfare:
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e there any measures with access, screening, site development, building design, or business operation that will
lessen potential impacts of the conditional use to neighbors?
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AUTHORITY TO APPLY FOR CONDITIONAL USE:
1 hereby certify that (I am) (I have been authorized to act too owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission for administrative reasons. I understand that a site visit may be required to process this application.
City of Kenai personnel are authorized to access the above -referenced property for the purpose of processing this
application.
Signature-
Date:
Print Name: Title/Business: 1;&; r-r�r
Date Application Fee Received:
For City Use Only
PZ Resolution Number:
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