HomeMy WebLinkAboutResolution No. PZ2024-17J(cl_
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-17
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CABIN RENTAL OF A
SINGLE-FAMILY DWELLING.
APPLICANT: Franklin S. Duniphin
PROPERTY ADDRESS: 213 Portlock Street
LEGAL DESCRIPTION: Lot 1, Block 4, Central Heights Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04919001
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 31, 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 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. PZ2024-17
Page 2 of 4
(B) Generate heavy traffic in predominantly residential areas.
The proposed use would not necessarily violate the residential character of the
neighborhood as it would function as it would remain as a single-family dwelling and be
seasonally used as a short-term rental. Furthermore, the proposed use is not anticipated
to generate heavy traffic as the use is limited to the single-family dwelling, and there is
adequate parking available. The existing density would remain unchanged since there is
no proposed alteration to increase the number of dwelling units. 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 a property approximately 700 feet away from the
subject property, located at 321 Portlock Street, In April 2022, a CUP was granted for a
cabin rental of the existing single-family dwelling at 321 Portlock Street (Resolution
PZ2022-10) and the City has not received any zoning complaints on the cabin rental
operation. Staff finds the proposed use, similar to the nearby property, would not have an
adverse impact on the neighborhood and adjoining properties. 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;
Finding : 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, south and west. To the east is a vacant
lot owned by the City of Kenai and zoned Conservation (C) and the subdivision further to
the west is zoned Suburban Residential 2 (RS-2). Staff finds that new buffers are not
required for the subject property as it abuts a vacant City -owned property and adjacent to
a 10-foot walkway easement to the south. If a buffer is required, it would be to alleviate
potential impacts to the property to the north of the subject property. The pathway to the
building entrances comes off of the driveway, which is located along the south property
line. Therefore, staff finds that the layout of the subject property would not require any
buffers along the north property line.
As stated by the applicant, the proposed use is conveniently located near restaurants,
retail stores, which would increase spending that will benefit our local business owners
and increase the City's sale tax which is consistent with Goal 2, Objective ED-2 of the
Comprehensive Plan in "creating a positive climate for private investment'. Staff finds that
Resolution No. PZ2024-17
Page 3 of 4
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-4: Establish siting and design standards so that development is in
hannony 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. Access
to the subject property is via Portlock Street, 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. To the south of the subject
property, there is a 10-foot walkway easement, which provides a buffer from the
adjacent property (see Central Heights Subdivision plat). Staff finds the proposed use
will not be harmful to the public safety, health and welfare. For consistency with the other
cabin rental in the same neighborhood, staff is proposing quiet hours from 10 PM to 6
AM. This would help ensure the welfare of the neighbors is protected from noise in a
residential neighborhood. The use of a cabin rental may cause an increase in traffic
through the residential neighborhood compared to a long-term tenant. However, staff
finds the increase would not be significant to cause an adverse impact when the
proposed use is limited to a single-family dwelling.
The applicant indicates that the renters will go through a screened application process to
use the residence as a short-term rental and would be no different than a long-term
tenant.
Resolution No. PZ2024-17
Page 4 of 4
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 single-family dwelling
would not cause any adverse impacts on the surrounding properties. Staff finds that
additional 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 a cabin rental (i.e., short-term
rental) of the existing single-family dwelling on a property described as Lot 1, Block
4, of Central Heights Subdivision, located at 213 Portlock Street.
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. Quiet hours are 10 PM to 6 AM.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 26T" DAY OF JUNE, 2024.
JO LSTEAD, CHAIRPERSON
ATTEST:
M eghan Thibod u, Deputy City Clerk
STAFF REPORT
PLANNING &ZONING DEPARTMENT
K Fc--, N, /6\ �
TO: Planning and Zoning Commission
THROUGH: Linda Mitchell, Planning Director
FROM: Beth McDonald, Planning Administrative Assistant
DATE: June 21, 2024
SUBJECT: Resolution PZ2024-17 — Conditional Use Permit — Cabin Rental
Request The applicant is requesting to operate a cabin rental (i.e., short-term
rental) at the existing single-family dwelling.
Staff Adopt Resolution PZ2024-17 approving a Conditional Use Permit for a
Recomi-nendation cabin rental of a single-family dwelling.
Applicant: Franklin S. Duniphin
Legal Description: Lot 1, Block 4 Central Heights Subdivision
Property Address: 213 Portlock Street
KPB Parcel No.: 04919001
Lot Size: 6487 square feet (0.15-acre)
Zoning: Suburban Residential (RS)
Current Use: Single Family Dwelling
Land Use Plan: Suburban Residential (SR)
SUMMARY
The applicant is requesting to operate the existing single-family dwelling as a seasonal rental. A
Conditional Use Permit (CUP) is required to operate the existing single-family dwelling as a cabin
rental (i.e., short-term rental).
ANALY5,f5,
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.
_ cL. 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 necessarily violate the residential character of the
neighborhood as it would function as it would remain as a single-family dwelling and be
seasonally used as a short-term rental. Furthermore, the proposed use is not anticipated
to generate heavy traffic as the use is limited to the single-family dwelling, and there is
adequate parking available. The existing density would remain unchanged since there is
no proposed alteration to increase the number of dwelling units. 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 a property approximately 700 feet away from
the subject property, located at 321 Portlock Street. In April 2022, a CUP was granted for
a cabin rental of the existing single-family dwelling at 321 Portlock Street (Resolution
PZ2022-10) and the City has not received any zoning complaints on the cabin rental
operation. Staff finds the proposed use, similar to the nearby property, would not have an
adverse impact on the neighborhood and adjoining properties. Staff finds the proposed
use would not impair the economic and noneconomic value of adjacent properties and
neighborhood.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
g_ 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:
Resolution No. PZ2024-17
Conditional Use Permit
Cabin Rental
Page 2 of 5
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, south and west. To the east is a vacant
lot owned by the City of Kenai and zoned Conservation (C) and the subdivision further to
the west is zoned Suburban Residential 2 (RS-2). Staff finds that new buffers are not
required for the subject property as it abuts a vacant City -owned property and adjacent to
a 10-foot walkway easement to the south. If a buffer is required, it would be to alleviate
potential impacts to the property to the north of the subject property. The pathway to the
building entrances comes off of the driveway, which is located along the south property
line. Therefore, staff finds that the layout of the subject property would not require any
buffers along the north property line.
As stated by the applicant, the proposed use is conveniently located near restaurants,
retail stores, which would increase spending that will benefit our local business owners
and increase the City's sale tax which is consistent with Goal 2, Objective ED-2 of the
Comprehensive Plan in "creating a positive climate for private investment'. 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.
RELEVENT GOAL_
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-4
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.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Resolution No. PZ2024-17
Conditional Use Permit
Cabin Rental Page 3 of 5
Findings: City water and sewer are available and adequate for the proposed use. Access
to the subject property is via Portlock Street, 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. To the south of the subject
property, there is a 10-foot walkway easement, which provides a buffer from the adjacent
property (see Central Heights Subdivision plat). Staff finds the proposed use will not be
harmful to the public safety, health and welfare. For consistency with the other cabin rental
in the same neighborhood, staff is proposing quiet hours from 10 PM to 6 AM. This would
help ensure the welfare of the neighbors is protected from noise in a residential
neighborhood. The use of a cabin rental may cause an increase in traffic through the
residential neighborhood compared to a long-term tenant. However, staff finds the
increase would not be significant to cause an adverse impact when the proposed use is
limited to a single-family dwelling.
The applicant indicates that the renters will go through a screened application process to
use the residence as a short-term rental and would be no different than a long-term tenant.
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.
_ _ _2_ Staff finds that allowing short-term rentals of the existing single-family dwelling
would not cause any adverse impacts on the surrounding properties. Staff finds that
additional specific conditions are not deemed necessary to fulfill the above -mentioned
conditions.
i 'I p,'I N"OTICE
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.
No public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed Conditional Use Permit for a cabin rental (i.e., short-term rental) of
the existing single-family dwelling on the property described as Lot 1, Block 4 of the Central
Heights Subdivision, located at 213 Portlock Street 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 PZ2024-17
approving the Conditional Use Permit, subject to the following conditions:
Resolution No. PZ2024-17
Conditional Use Permit
Cabin Rental
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. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Quiet hours are 10 PM to 6 AM.
ATTACHMENTS
Aerial Map
Application
Site Plan
Central Heights Subdivision Plat
Resolution No. PZ2024-17
Conditional Use Permit
Cabin Rental
Page 5 of 5
KENAI
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Resolution PZ2024-17
Conditional Use Permit - Cabin Rental
213 Portlock Street
KPB Parcel ID: 04919001
Subject Parcel
Parcels
Roads
Zoning
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Conservation
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Suburban
Residential
Suburban
Residential 2
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 37.5 75 150 Feet
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: 06/11/2024
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City of Kenai
Planning and Zoning Department
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210 Fidalgo Avenue
Kenai, AK 99611
far Application r'lanl f' A An1r g (907)283-8200
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www:kenal.dWplanning
Name: {,1ti C.�i t� � . j �
Mailing Address:
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state;
:Zip Code:
Phone Number(s):
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Email:
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PETITIONERNONE)
Name::
Mailing Address:
City
State:
Zip Code:
Phone Number(s):
Email:
Kenai Peninsula Borough Parcel # (Property Tax ID): I
OL1910
Physical Address:
Legal Description: l 5►d ' t % ; ,
K D4 0 16 ft, f 4MX
Zoning; s
Acres: 1 D
CONDITIONALDESCRIPTION
(include site plantfloor plan with square
tootages)
(inclucte State Business License and KP8 Tax Compliance
if applicable)
How is this property currently being used? erv1 5pr>
Conditional Use Requested for (attach additional sheets if ne essary):
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
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Use of surrounding property - north:
Use of surrounding property - south:
Use of surrounding property - east;
Use of surrounding property -west:
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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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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?
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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: ,�
Date: 5 ap
Print Name: �o,,n����ej gym', �In^t, ,
Title/Business:
For City Use Only Date Application Fee Received: SAkloRy
PZ Resolution Number:
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