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HomeMy WebLinkAboutResolution No. PZ2024-16K E CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-16 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADMINISTRATIVE OFFICES WITHIN THE EXISTING BUILDING. APPLICANT: Salamatof Native Association, Inc. PROPERTY ADDRESS: 1311 Kiana Lane LEGAL DESCRIPTION: Lot 1-A, Vacation & Replat, Rasmussen Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04512025 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 23, 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 26, 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 professional offices as a conditional use in the Suburban Residential (RS) zoning district; therefore, the proposed use may operate subject to a CUP. 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. PZ2024-16 Page 2 of 4 (B) Generate heavy traffic in predominantly residential areas. The subject property is surrounded by a vacant lot to the north, and single-family dwellings to the west, south, and east. The proposed use generally meets the intent of the Kenai Zoning Code, as it meets the minimum development requirements, such as lot sizes, building setbacks, lot coverage, and etc. The existing building was previously a church, as well as a school and auditorium. Staff finds that an administration building would not generate heavy traffic compared to previous uses. The existing driveways would minimize any traffic impeding onto Kiana Lane. Staff finds the proposed use is similar to the previous institutional use and that the existing site layout mitigated potential impacts to the surrounding properties with the existing fencing and vegetation/landscape buffers. 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 surrounding neighborhood consists of a mix of single and multi -family residences. As previously mentioned, the subject property has been the site of a church, as well as a school and auditorium. The proposed offices would operate during normal business hours of Monday -Friday from 9 AM to 5 PM with occasional visitors for enrollment. Staff finds that the hours of operation are reasonable and compatible with a residential neighborhood. Staff finds that the proposed offices will not adversely affect the economic and noneconomic value of the surrounding properties as this is a similar use to the original use of the building. 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 Institutional (ITL) land use classification. The ITL Land Use Classification is defined in the Comprehensive Plan: Institutional is intended to provide an area in which government and tax-exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi -public uses including government offices and facilities, schools, churches, and other community - service oriented facilities. The Comprehensive Plan envision that the subject property would remain institutional as its original use. The proposed use aligns with the Comprehensive Plan as noted by the applicant, the subject property will be a permanent location for Salamatof Tribe to serve the native community in the Kenai area. Furthermore, the proposed use meets certain objectives of the Comprehensive Plan in revitalizing existing structures as well as expanding their operations in order to develop and enhance the property for the use of the community. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed development. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Resolution No. PZ2024-16 Page 3 of 4 Objective 0-8 Collaborate with local Alaska Native organizations to identify culturally sensitive issues and areas of importance in Kenai. Goal 3 — Develop land use strategies to implement a forward -looking approach to community growth and development. Objective LU-2 Promote the infi/l of existing improved subdivision lots. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Finding : The subject property is located along Kiana Lane and adjacent to Baker Street and has access to City water, City sewer, natural gas, electricity, and telephones/cable services. Kiana Lane and Baker Street are paved roads, both maintained by the City. KMC 14.20.250(b)(8) Off -Street Parking Requirements provides the parking ratio for certain uses and based on the table, the proposed use requires 12 parking spaces, whereas, 60 parking spaces are provided on -site. Existing public services and facilities are adequate to serve the proposed use. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: Public services are available to adequately serve the administration building. Based on the overall site layout, there would be a surplus of parking spaces to serve the proposed use. There is an existing chain -linked fence along the north property line and the north half of the west property line with approximately 15-foot vegetation/landscape buffer within the perimeter fencing. To ensure the proposed use does not adversely impact the surrounding single-family dwellings, staff is proposing to add several conditions to the proposed use to be consistent with the landscape and site plan requirements as follows: (1) provide a minimum in width equal to the setbacks along all property lines, except where there are driveways and other ingress and egress openings; (2) maintain the natural screening to adequately shield vehicular or building lights onto neighboring residential uses, otherwise, provide a combination of shrubbery and trees and/or a minimum six (6) foot high solid fence/wall. Access to the administration building will be from Kiana Lane or Baker Street, which are paved City maintained roads. Staff finds that the proposed use will not be harmful to the public safety, health or welfare as there are existing public services to support the use, a surplus of off-street parking, and adequate accesses. The added conditions will further minimize any adverse impacts to the surrounding properties and neighborhood. 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 specific conditions noted in Criteria 5 are necessary to fulfill the above -mentioned conditions. Resolution No. PZ2024-16 Page 4 of 4 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 administrative offices within the existing building on the property described as Lot 1-A, Vacation & Replat, Rasmussen Subdivision located at 1311 Kiana 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. 3. Provide a minimum in width equal to the setbacks along all property lines, except where there are driveways and other ingress and egress openings. 4. Maintain the natural screening to adequately shield vehicular or building lights onto neighboring residential uses; otherwise, provide a combination of shrubbery and trees and/or a minimum six (6) foot high solid fence/wall. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF JUNE, 2024. LSTEAD, CHAIRPERSON ATTEST: - , 41" �_ Meghan Thibode eputy City Clerk 7 7/ 11� STAFF REPORT ClIn PLANNING &ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Linda Mitchell, Planning Director FROM: Brandon McElrea, Planning Technician DATE: June 21, 2024 SUBJECT: Resolution PZ2024-16 — Conditional Use Permit — Administrative Offices Request Staff Recommendation The applicant is requesting to use the existing building as an administration building. Adopt Resolution PZ2024-16 approving a Conditional Use Permit for the operation of administrative offices within the existing building. Applicant: Salamatof Native Association, Inc. Property Owners: Danette and John Howland Legal Description: Lot 1-A, Vacation & Replat, Rasmussen Subdivision Property Address: 1311 Kiana Lane KPB Parcel No.: 04512025 Lot Size: 1.02 acres Zoning District: Suburban Residential (RS) Current Use: Single -Family Dwelling Land Use Plan: Institutional SUMMARY Salamatof Native Association, Inc. has requested a Conditional Use Permit (CUP) to �epurpose the use of the existing building that was recently used as a single-family dwelling to an administration building. The subject parcel is currently used as single-family residence. However, there's no record of a building permit for the change of use from the previous institutional use to a residential use. The applicant plans to change the use of the existing building to administrative offices for Human Resources, Environmental, Enrollment, Accounting, Executive, and Tribal Operations, with future plans to build a multipurpose building to teach Cultural Arts, hold Native Youth Olympics practice, and offer an after -school program. This CUP is limited to the change in use to Administrative Offices. A new CUP application will need to be submitted for the future consideration of the multipurpose building for additional uses beyond administrative offices. Kenai Municipal Code 14.22.010 — Land Use Table provides that Professional Offices as a conditional use within the Suburban Residential (RS) Zone. Therefore, the proposed administrative offices require a Conditional Use Permit. toNAL YJ J Pursuant to Kenai Municipal Code (KMC) 14.20.150(a), the intent of a conditional use permit (CUP) 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. i-inaing& The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates professional offices as a conditional use in the Suburban Residential (RS) zoning district; therefore, the proposed use may operate subject to a CUP. 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 subject property is surrounded by a vacant lot to the north, and single-family dwellings to the west, south, and east. The proposed use generally meets the intent of the Kenai Zoning Code, as it meets the minimum development requirements, such as lot sizes, building setbacks, lot coverage, and etc. The existing building was previously a church, as well as a school and auditorium. Staff finds that an administration building would not generate heavy traffic compared to previous uses. The existing driveways would minimize any traffic impeding onto Kiana Lane. Staff finds the proposed use is similar to the previous institutional use and that the existing site layout mitigated potential impacts to the surrounding properties with the existing fencing and vegetation/landscape buffers. Resolution No. PZ2024-16 Conditional Use Permit Administrative Offices Page 2 of 5 Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. c}_ The surrounding neighborhood consists of a mix of single and multi -family residences. As previously mentioned, the subject property has been the site of a church, as well as a school and auditorium. The proposed offices would operate during normal business hours of Monday -Friday from 9 AM to 5 PM with occasional visitors for enrollment. Staff finds that the hours of operation are reasonable and compatible with a residential neighborhood. Staff finds that the proposed offices will not adversely affect the economic and noneconomic value of the surrounding properties as this is a similar use to the original use of the building. 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 Institutional (ITL) land use classification. The ITL Land Use Classification is defined in the Comprehensive Plan: Institutional is intended to provide an area in which government and tax-exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi -public uses including govemment offices and facilities, schools, churches, and other community - service oriented facilities. The Comprehensive Plan envision that the subject property would remain institutional as its original use. The proposed use aligns with the Comprehensive Plan as noted by the applicant, the subject property will be a permanent location for Salamatof Tribe to serve the native community in the Kenai area. Furthermore, the proposed use meets certain objectives of the Comprehensive Plan in revitalizing existing structures as well as expanding their operations in order to develop and enhance the property for the use of the community. RELLV1=;�4-T-",A1-,"i 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. O�ective Q-8 Collaborate with local Alaska Native organizations to identify culturally sensitive issues and areas of importance in Kenai. Goal 3 — Develop land use strategies to implement a forward -looking approach to community growth and development. Obiective LU-2 Promote the infill of existing, improved subdivision lots. Resolution No. PZ2024-16 Conditional Use Permit Administrative Offices Page 3 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: The subject property is located along Kiana Lane and adjacent to Baker Street and has access to City water, City sewer, natural gas, electricity, and telephones/cable services. Kiana Lane and Baker Street are paved roads, both maintained by the City. KMC 14.20.250(b)(8) Off -Street Parking Requirements provides the parking ratio for certain uses and based on the table, the proposed use requires 12 parking spaces, whereas, 60 parking spaces are provided on -site. Existing public services and facilities are adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. cl _ Public services are available to adequately serve the administration building. Based on the overall site layout, there would be a surplus of parking spaces to serve the proposed use. There is an existing chain -linked fence along the north property line and the north half of the west property line with approximately 15-foot vegetation/landscape buffer within the perimeter fencing. To ensure the proposed use does not adversely impact the surrounding single-family dwellings, staff is proposing to add several conditions to the proposed use to be consistent with the landscape and site plan requirements as follows: (1) provide a minimum in width equal to the setbacks along all property lines, except where there are driveways and other ingress and egress openings; (2) maintain the natural screening to adequately shield vehicular or building lights onto neighboring residential uses, otherwise, provide a combination of shrubbery and trees and/or a minimum six (6) foot high solid fence/wall. Access to the administration building will be from Kiana Lane or Baker Street, which are paved City maintained roads. Staff finds that the proposed use will not be harmful to the public safety, health or welfare as there are existing public services to support the use, a surplus of off-street parking, and adequate accesses. The added conditions will further minimize any adverse impacts to the surrounding properties and neighborhood. 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. rq_ Staff finds that specific conditions noted in Criteria 5 are necessary to fulfill the above -mentioned conditions. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred -foot (300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. Staff received two (2) calls regarding this CUP. One (1) was a general inquiry on the CUP request and the other expressed concerns about the increased traffic of the proposed use to the surrounding area. Resolution No. PZ2024-16 Conditional Use Permit Administrative Offices Page 4 of 5 STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for operation of administrative offices on the property described as Lot 1-A Vacation & Replat, of Rasmussen Subdivision, located at 1311 Kiana 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 PZ2024-16 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. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. 3. Provide a minimum in width equal to the setbacks along all property lines, except where there are driveways and other ingress and egress openings. 4. Maintain the natural screening to adequately shield vehicular or building lights onto neighboring residential uses; otherwise, provide a combination of shrubbery and trees and/or a minimum six (6) foot high solid fence/wall. ATTACHMENTS _ Aerial Map Application Plans Resolution No. PZ2024-16 Conditional Use Permit Administrative Offices Page 5 of 5 e9 KENAI Resolution PZ2024-16 Conditional Use Permit - Administrative Offices 1311 Kiana Lane KPB Parcel ID: 04512025 M Q Subject Parcel Parcels Roads Zoning W Rural Residential — Suburban Residential Map for Reference Only Date Printed: 06/21/2024 N NOT A LEGAL DOCUMENT 0 62.5 125 250 Feet Conditional Use Permit Application City of Kenai Pl:;isinin_i and ZC.rijnga Oepa>tmen! ��L ReaiJo Akenuo 1(anel..AK W14 283-8200 Name: Salamatof Native Association Inc Mailing Address: 230 Main Street. City: Kenai j State: AK Zip Code: 1 99611 Phone Number(s): 907- 283-7864 Email: Name: Mailing Address: City; State: lZip Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): 104512025 Physical Address: 1311 KIANA LN Kenai, AK 99611 Legal Description: T 6N R 11 W SEC 34 Seward Meridian KN V90113 RASMUSSEN VACATION & REPLAT LOT 1A Zoning: Residential Acres: 1,0200 1 r How is this property currently being used? Residential Conditional Use Requested for (attach additional sheets if necessary): Salamatof Tribe's Administration Building. Housing Employee's in Human Resources, Environmental, Enrollment, Tribal Operations, Accounting and Executive. In the future we are looking to build a multipurpose building. This building will be used to teach cultural arts, Native Youth Olympics practice, after school program. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The zoning district is currently suburban residential (RS). The conditional use is for Salamatof Tribe's administration building. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: The adjoining property will not be significantly impaired by this conditional use permit. Use of surrounding property - north: Suburban Residential Use of surrounding property - south: Suburban Residential Use of surrounding property - east: Rural Residential Use of surrounding property - west: Suburban Residential Explain how the conditional use is In harmony with the City's Comprehensive Plan: The City of Kenai's Comprehensive Plan includes public improvement and services. With this conditional use permit, Salamatof Tribe will be able to have a permanent location to better serve the native community in the Kenai area. Are public services and facilities on the property adequate to serve the proposed conditional use? Yes, the public services and facilities are adequate to serve the proposed conditional use permit. Explain how the conditional use will not be harmful to public safety, health, or welfare: The conditional use will help support the safety, health, and welfare of native community members by having a location to come together to practice and be apart of our traditional cultural. 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? There are no potential negative impacts of the conditional use permit to neighbors. AUTHORITY TO APPLY FOR CONDITIONAL_ USE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to -be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required- to process this application. City of Kenai personnel are authorized to access the above -referenced property for the purpose of processing this application. Signature: orDate: Print Name:I L{ itlelBusiriess: For City Use Only Date Application Fee Received: PZ Resolution Number MAC Z� Wit. S 88°5,9 ` if 150.00 �4CE 1 GOV'T LOT 93 z1; Tl�1 t —�r— ®! 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