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HomeMy WebLinkAboutResolution No. PZ2024-2271, ,;C�v KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-22 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CREMATORY AND FUNERAL HOME. APPLICANTS: Timothy Grant Wisniewski PROPERTY ADDRESS: 5839 Kenai Spur Hwy LEGAL DESCRIPTION: Valhalla Heights Sub Wisniewski Second Addn. Lot 5A-1 Blk 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04923036 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on September 19, 2024; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit for the expansion of a nonconforming use 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 October 23, 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; Fin di_ ngs_ The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates crematories and funeral homes as a conditional use in the Limited Commercial (LC) zoning district where the property is located; therefore, the proposed use may operate subject to a CUP. The LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The proposed use would not violate the character of the neighborhood as it has functioned in the area without complaint since it's construction in 1984. Furthermore, the proposed use and expansion is not anticipated to generate additional traffic. The existing density Resolution No. PZ2024-22 Page 2 of 4 would remain unchanged. The Commission finds that the proposed use meets the intent of the LC 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 has operated on the lot without noted complaint since 1984, prior to the adoption of the Land Use Table in 2001. The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired by the proposed addition to the nonconforming use, as this is an expanded continuation of use, not a new use for the property in question. As noted on the application, the existing building is somewhat isolated from the rest of the neighborhood, and includes a buffer of trees on the edge of the property neighboring Togiak Street. That, and the vacant lots, provide buffer between them and what neighbors they do have. The applicants continue to enhance and improve the property's curb appeal, improving property values of the property and adjacent properties. The Commission 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 Mixed Use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co -located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are vacant Limited Commercial to the north, to the south is a mix of residential and Limited Commercial, the Kenai Spur Highway is to the east and vacant residential to the west. Within the vicinity, there are nonresidential uses, such as the Fraternal Order of Eagles, a motel, mini storage, and an automotive repair shop. The Commission finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the east, a vacant lot to the west, and Limited Commercial to the south. 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. Resolution No. PZ2024-22 Page 3 of 4 Goal 2 — Economic Development is to provide economic development to support the fiscal health of Kenai. Obiective ED-2 Implement business -friendly regulations, taxation and incentives to create a stable, positive climate for private investment. 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 on site. The primary access is off of Togiak Street, which is a paved City maintained road. The Commission finds there will be no noticeable increase to traffic on Togiak Street. The subject property currently has fixed seats for 102 guests which, pursuant to KMC 14.20.250, requires 26 off-street parking spaces. There are 44 existing off-street parking spaces, therefore no additional parking spaces are required. The Commission finds that there are adequate public services and facilities 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: 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 the upcoming expansion of the existing building will enhance and improve the subject property. The Commission finds the proposed use will not be harmful to 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: The Commission finds that granting of a conditional use to operate a funeral home and crematory would not cause adverse impacts on the surrounding properties. Staff has discussed specific site plan requirements with both the property owner and contractor of the building addition. Furthermore, building design features and site plan will all be reviewed during the building permit process. The Commission 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 Timothy Grant Wisniewski for a crematory and funeral home on a property described as Lot 5A-1, Block 2 of Valhalla Heights Subdivision Wisniewski Second Addition, and located at 5839 Kenai Spur Highway. Section 2. That the conditional use permit is subject to the following conditions: Resolution No. PZ2024-22 Page 4 of 4 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 23'd DAY OF OCTOBER, 2024. JEF I HAIRPERSON ATTEST: Meghan Thib eau, Deputy City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Brandon McElrea, Acting Planning Director DATE: October 23, 2024 SUBJECT: Resolution No. PZ2024-22 — Conditional Use Permit — Crematory and Funeral Home Request Applicants: Property Owners: Legal Description: Property Address: KPB Parcel No.: Lot Size: Zoning: Current Use: Land Use Plan SUMMARY The applicant is requesting to operate a Crematory and Funeral home within the existing building. Adopt Resolution No. PZ2024-22 approving a Conditional Use Permit for a Crematory and Funeral home Timothy Grant Wisniewski Grant Wisniewski, Amanda Wisniewski Lot 5A-1, Block 2 of Valhalla Heights Sub. Wisniewski Second Addn. 5839 Kenai Spur Hwy 04923036 47,044.8 square feet (1.08-acre) Currently, though awaiting KPB approval of a lot merger (PZ2024-21) which will result in a lot size of approximately 95,570.64 square feet (2.194 acres). Limited Commercial (LC) Single -Family Dwelling and Funeral Home Mixed Use The applicants have requested a Conditional Use Permit (CUP) to continue operating a crematory and funeral home in order to expand a nonconforming use. Peninsula Memorial Chapel began operations at this site in 1984. In 2001 the Land Use Table was adopted, bringing the subject property into nonconforming status. The applicants intend to expand and add on to both the business portion, and the living area of the existing building. Pursuant to Kenai Municipal Code (KMC) 14.20.050(d)(1) No structure maybe enlarged oraltered in a way which increases its nonconformity. By granting this conditional use, the subject property will no longer be nonconforming, and construction of the addition in the spring will be permitted. 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. The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates crematories and funeral homes as a conditional use in the Limited Commercial (LC) zoning district where the property is located; therefore, the proposed use may operate subject to a CUP. The LC Zone is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. The proposed use would not violate the character of the neighborhood as it has functioned in the area without complaint since it's construction in 1984. Furthermore, the proposed use and expansion is not anticipated to generate additional traffic. The existing density would remain unchanged. Staff finds that the proposed use meets the intent of the LC zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. The proposed use has operated on the lot without noted complaint since 1984, prior to the adoption of the Land Use Table in 2001. The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired by the proposed addition to the nonconforming use, as this is an expanded continuation of use, not a new use for the property in question. As noted on the application, the existing building is somewhat isolated from the rest of the neighborhood, and includes a buffer of trees on the edge of the property neighboring Togiak Street. That, and the vacant lots, provide buffer between them and what neighbors they do have. The applicants continue to enhance and improve the property's curb appeal, improving property values of the property and adjacent properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 2 of 4 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 Mixed Use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co -located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are vacant Limited Commercial to the north, to the south is a mix of residential and Limited Commercial, the Kenai Spur Highway is to the east and vacant residential to the west. Within the vicinity, there are nonresidential uses, such as the Fraternal Order of Eagles, a motel, mini storage, and an automotive repair shop. Staff finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the east, a vacant lot to the west, and Limited Commercial to the south. A` IEVENT 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. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available and on site. The primary access is off of Togiak Street, which is a paved City maintained road. Staff finds there will be no noticeable increase to traffic on Togiak Street. The subject property currently has fixed seats for 102 guests which, pursuant to KMC 14.20.250, requires 26 off-street parking spaces. There are 44 existing off-street parking spaces, therefore no additional parking spaces are required. Staff finds that there are adequate public services and facilities to serve the proposed use. Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 3 of 4 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 the upcoming expansion of the existing building will enhance and improve the subject property. In the approximately 40 years of business operation at this location no complaints have been heard. Staff finds the proposed use will not be harmful to 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. rindings: Staff finds that granting of a conditional use to operate a funeral home and crematory would not cause adverse impacts on the surrounding properties. Staff has discussed specific site plan requirements with both the property owner and contractor of the building addition. Furthermore, building design features and a site plan will all be reviewed during the building permit process. Staff finds that no additional or specific conditions are 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 a crematory and funeral home 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 PZ2024-22 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. ATTACHMENTS Aerial Map Application Resolution No. PZ2024-22 Conditional Use Permit Funeral Home Page 4 of 4 ORV IV P. goo LA i vs, 4! ? r- • 5 Amy < pi 49 • City of Kenai Planning and Zoning Department Conditional Use Permit 210 Fidalgo Avenue ./ Kenai, AK 99611 Application (907) 283-8200 planning@kenai.city www.kenal.city/planning Name: Timothy Grant Wisniewski Mailing Address: 5839 Kenai Spur Hwy City: Kenai I State: JAK Zip Code: 99611 Phone Number(s): 907-2521-500 Email: grant2885@hotmaii.com PETITIONER REPRESENTATIVE (LEAVE BLANK IF NONE) Name: Mailing Address: City: State: JZip Code: Phone Number(s): Email: _ Kenai Peninsula Borough Parcel # (Property Tax ID): 104923036 Physical Address: 5839 Kenai Spur Hwy - Kenai, AK 99611 Legal Description: TOM R 10W SM 31 SEWARD MBUXAN IW 2016MT VALHALLA HEIGHTS SUB WISNIEWSM SECOM ADON LOT SA-1 WX 2 Zoning: Acres: 1.08 CONDITIONAL USE DESCRIP71ON (include site plan1floor plan with squarer ■ . ■ KPB Tax Comphance■ (include■ ■ ■ How is this property currently being used? I Funeral Home/ Residence Conditional Use Requested for (attach additional sheets if necessary): Adding on more garage space and Living Space for the Residence above the Funeral Home. Explain how the conditional use is consistent with purposes and Intent of the zoning district of the property: We are adding garage space and more living areas above. Other than that im not sure. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: We are somewhat isolated from the rest of the neighbor hood so as far as impairing the neighbors we will have a buffer of trees on the Togiak side to still give us privacy from the road and what neighbors we do have. Use of :urrounding property - north: Use of .urrounding 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: It will be,a new looking building that will be built strong and well and will be a good addition to Kenai. Are public services and facilities on the property adequate to serve the proposed conditional use? The public ill not have access to this new addtion so this will not apply. Explain how the conditional use will not be harmful to public safety, health, or welfare: The public will not have access to this new addition so this will not apply. 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? You will have to contact Sam Wood the Builder to answer these question - 907-953-0630 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: I C1 Print Name: ITitle/Business:YL- For City Use Only 'Date Application Fee Received: PZ Resolution Number: ��tlu11A .I WY�ii'kV '' IM IDI w I N N N O - oxwnxm rxovmm 6Y: custom Construction rMOM1ECf OP..C� Wisniewsld Addrdon sxeerm�: 1 st Floor xY OA 0 PROX-CrUESMMW. SHM Ax- Custom CDrishudon Wsniewsld Addition 2nd Floor I ff S a piAWfYG6lROVm® W: VRdECf 0E5WPIlON: SHEET"fIfLE: YIfON !Y MT! Custom Construction W1Sniewski Addition Foundation Conditional Use Permit Application CHECKLIST City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai .city/planning ❑ Evaluate uses allowed in your zoning district. Information on zoning is available at kenai.city/plan nina/page/zoning. ❑ Submit completed application form. The application form must include an attached site plarkMoor plan with square footages of all structures on the property and parking areas. If applicable, include a State Business License and a KPB Tax Compliance Form with the application. Intents of zoning districts are at kenai.municipal.codes/KMC/14.20_ Information about the Comprehensive Plan is at kenal.city/planning/ -age/comprehensive-plan. .. Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax). ❑ City staff will evaluate your application following Kenai Municipal Code 14.20.230 (kenai.municipal.codes/KMC/14.20.150). Please answer questions from City staff about your application. ❑ Meet with Fire Marshall for inspection of premises (if necessary). The Fire Marshal will contact you to arrange an inspection. ❑ Post sign on your property and con -firm the posting with the City. Planning staff will contact you arid provide a sign stating a conditional use permit application has been submitted. The sign must be posted at least 10 days before the Planning & Zoning Commission meeting. ❑ Attend Planning & Zoning Commission meeting (not mandatory, but recommended). Attendance is beneficial so you are able to answer questions of the Commission. ❑ 15-day appeal period of the Planning & Zoning Commission's decision. Thank you for choosing the City of Kenai! Please contact the Planning & Zoning Department with application questions.