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HomeMy WebLinkAboutResolution No. PZ2024-23700� ."'Ox KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-23 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A GUNSMITH BUSINESS. APPLICANTS: David C Wolf PROPERTY ADDRESS: 1540 Kittiwake Court LEGAL DESCRIPTION: Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04946014 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on October 15, 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 November 13, 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 gunsmith is a conditional use; therefore, a conditional use permit may be granted for gunsmith business. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment, (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: Resolution No. PZ2024-23 Page 2 of 4 (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 the business would be conducted primarily online, through mail via the US Postal System. They will be doing minor gunsmithing activities, Federal Firearms License (FFL) transfers and online sales. Additionally, potential firearms to be transferred will be kept locked inside a safe inside the garage, with no access to the public. The proposed use is not anticipated to generate additional traffic, and as such there is adequate parking available. The existing density would remain unchanged as there are no proposed alterations to the single-family dwelling. Staff finds that the proposed use meets the intent of the RR 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: Per the applicant, there will be no heavy machinery, additional facilities, noise or traffic, or hazardous items available to the public. There will be no outside signage on the premises, no will the address be listed or advertised. As such, there will be minimal indications that there is a business in the single-family dwelling, so it will not impair the economic or noneconomic value of the neighborhood and adjoining properties. 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 Low Density Residential (LDR) land use classification. The LDR 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 Residential to the north and east, the Kenai Spur Highway is to the west and vacant residential to the west. Staff finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the west, a vacant lot to the south, and single-family dwellings to the east and north. The intentions of the Comprehensive Plan indicate the possibility of expanding the use of the area into compatible retail, service, and office uses. Staff finds that this conditional use permit is compatible to the proposed direction of the Comprehensive Plan. 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 Ensure that Kenai is a community where people and property are safe. Resolution No. PZ2024-23 Page 3 of 4 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. Goal 3— Land Use is to implement a forward -looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. 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 Kittiwake Court, which is a City maintained road. Staff finds there will be no noticeable increase to traffic on Kittiwake Court. As the business will be conducted primarily online, no additional parking will be needed. 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 property is protected by Vivant Alarms Systems and monitored via cameras and door sensors. Any potential firearms to be transferred would be locked inside a safe, with no access to the public. There will be no signage, and no increase in vehicle or foot traffic. The Applicant will maintain a Federal Firearms License as part of the business, in order to process background checks and to facilitate the transfer of firearms. Additionally, there will be no discharge of firearms on the property, and thus will not violate Kenai Municipal Code 13.15.010 — Discharge of Firearms. Staff finds that the proposed use will not be harmful to the public safety, health or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Staff finds that granting of a conditional use to operate a gunsmith business will 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. Resolution No. PZ2024-23 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 David C. Wolf for operating a gunsmith business on a property described as Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1, and located at 1540 Kittiwake Court. 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 13th DAY OF NOVEMBER, 2024. ATTEST: aZ42�L_ Meghan Thibodeau, Deputy City Clerk giAD. CHAI RSON f STAFF REPORT �. PLANNING &ZONING DEPARTMENT 'r\'fENAI TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Administrative Assistant DATE: November 13, 2024 SUBJECT: Resolution No. PZ2024-23 — Conditional Use Permit — Gunsmith Request The applicant is requesting to operate a minor gunsmithing business within the existing single-family dwelling. Staff Adopt Resolution No. PZ2024-23 approving a Conditional Use Permit Recommendation for Gunsmith business. Applicants: Property Owners: Legal Description Property Address KPB Parcel No.: Lot Size: Zoning: Current Use: Land Use Plan: SUMMARY Arctic Wolf Arms - David C Wolf David C Wolf Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1 1540 Kittiwake Court 04946014 48308.04 square feet (1, 1 09-acres) Rural Residential (RR) Single -Family Dwelling Mixed Use The applicant is requesting to operate a minor gunsmithing business in the existing single-family dwelling. This business will be primarily conducted online, with local Federal Firearms License (FFL) transfers. A Conditional Use Permit (CUP) is required to operate a gunsmithing business in the Rural Residential zoning district. ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that nnay 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 gunsmith is a conditional use; therefore, a conditional use permit may be granted for gunsmith business. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment, (B) Prevent health hazards in areas not served by public water and sewer. (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 the business would be conducted primarily online, through mail via the US Postal System. They will be doing minor gunsmithing activities, Federal Firearms License (FFL) transfers and online sales. Additionally, potential firearms to be transferred will be kept locked inside a safe inside the garage, with no access to the public. The proposed use is not anticipated to generate additional traffic, and as such there is adequate parking available. The existing density would remain unchanged as there are no proposed alterations to the single-family dwelling. Staff finds that the proposed use meets the intent of the RR zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: Per the applicant, there will be no heavy machinery, additional facilities, noise or traffic, or hazardous items available to the public. There will be no outside signage on the premises, no will the address be listed or advertised. As such, there will be minimal indications that there is a business in the single-family dwelling, so it will not impair the economic or noneconomic value of the neighborhood and adjoining properties. Resolution No. PZ2024-23 Conditional Use Permit G unsmith Business Page 2 of 5 Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findin-s 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 Residential to the north and east, the Kenai Spur Highway is to the west and vacant residential to the west. Staff finds that new buffers are not required as the subject property is adjacent to the Kenai Spur Highway to the west, a vacant lot to the south, and single-family dwellings to the east and north. The intentions of the Comprehensive Plan indicate the possibility of expanding the use of the area into compatible retail, service, and office uses. Staff finds that this conditional use permit is compatible to the proposed direction of the Comprehensive Plan. :fit .ILEVENT 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-1 Ensure that Kenai is a community where people and property are safe. 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. Goal 3— Land Use is to implement a forward -looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. 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 Kittiwake Court, which is a City maintained road. Staff finds there will be no noticeable increase to traffic on Kittiwake Court. As the business will be conducted primarily online, no additional parking will be needed. Resolution No. PZ2024-23 Conditional Use Permit Gunsmith Business Page 3 of 5 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 property is protected by Vivant Alarms Systems and monitored via cameras and door sensors. Any potential firearms to be transferred would be locked inside a safe, with no access to the public. There will be no signage, and no increase in vehicle or foot traffic. The Applicant will maintain a Federal Firearms License as part of the business, in order to process background checks and to facilitate the transfer of firearms. Additionally, there will be no discharge of firearms on the property, and thus will not violate Kenai Municipal Code 13.15.010 — Discharge of Firearms. Staff finds that the proposed use will not be harmful to the public safety, health or welfare. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings Staff finds that granting of a conditional use to operate a gunsmith business will 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. 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. As of the writing of this Staff Report, no public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a gunsmith business 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 PZ2024-23 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. Resolution No. PZ2024-23 Conditional Use Permit Gunsmith Business Page 4 of 5 ATTACHMENTS Aerial Map Application Resolution No. PZ2024-23 Conditional Use Permit Gunsmith Business Page 5 of 5 W 4 � log F � � ML r� Y' -[ i— - m END N -0 0 M �y ["� c co � � CD •2 (�j n v�—i f4 // N H Q !� IV �' o n. C Q R m a v to � r r C o+ = elm CD vNi CDa a x m CD-� V, �. o; 3 a 3 a 3 (D m R CD°' N 0 C<a. 0 o 0 v° o 0 °1 C 3 n 3 rc m a City Planning and Zoning ueparu. f / ditional Use Permit 210 Fidalgo Avenue Kenai, AK 99( Op Application (907) 283-8200 planning@kenai.cib www.kenai.citylplann Name: David CM Wolf Mailing Address: 1540 Kittiwake Ct. City: Kenai State: I Alaska Zip Code: 99611 Phone Number(s): (907) 690-3321 Email: ArcticWolfArms@gmail.com • • - Name: Mailing Address: City: State: JZip Code: Phone Number(s): Email: PROPERTY •R• Kenai Peninsula Borough Parcel # (Property Tax ID): 046-460-14 Physical Address: 1540 Kittiwake Ct., Kenai, AK 99611 Legal Description: Lot 14, Block 1, Leo T. Oberts Sub, Addn. 1 Zoning: Rural Residential Acres: 1.109 CONDITIONAL USE DESCRIPTION (include site plan/floor plan with square footages) XV (include State Business License • KPB Tax Complianceapplicable How is this property currently being used? Residential Conditional Use Requested for (attach additional sheets if necessary): Request to operate small business out of home. Will be doing minor gunsmithing activities, FFL transfers and online sales. No heavy machinery, noise, signs, increased traffic or anything related to reloading ammunition. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: There will be no realized change to the intent of the zoning district. This will be a small business primarily operated online and utilizing the postal system. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: There will be no change to the value of adjoining property. No large business signs will be posted, no machinery or noise created, and no increased vehicle/foot traffic as business will be primarily conducted online. of su rrouinding property -north: Residential : of surrounding property -south: NIA (forest) of su rrou.nding property - east: Residential of su rrou■nding property - west: NIA (highway, forest) lain how the conditional use is in harmony with the City's Comprehensive Plan: s conc1 itic=nal use will have no ill effect on any of the 8 goals in the comprehensive plan. It will, niever, he Ip by providing another source of taxes to help fund and support the City of Kenai's nprehensive plan. As a lifelong Kenai resident, I believe my business plan along with my own morals J ideals malign with the City of Kenai's goals for the betterment of our community. public se mwices and facilities on the property adequate to serve the proposed conditional use? s. As this will be primarily an online sales business, no additional facilities or public services are ceded. lain how the conditional use will not be harmful to public safety, health, or welfare: mentioned before, there will be no heavy machinery, noise/traffic, or hazardous materials/waste. sre will bm--'no dangerous or otherwise hazardous items accessible to the public. The surrounding area not see any negative effects by this conditional use permit. there any— measures with access, screening, site development, building design, or business operation that will :en poteniCial impacts of the conditional use to neighbors? is properly is protected by Vivant Alarms Systems and monitored via cameras and door sensors. For �f potential firearms to be transferred they will be locked inside a safe so there will be no access to the :>lic. Nor %..mill there be any signage outside of the residence/business premises indicating that a small 3iness is operating inside the residence. The business address will not be listed online or otherwise ✓e rti s eci , = so there will be no increased vehicle/foot traffic. lFHOF2'ITY TO APPLY FOR CONDITIONAL USE: �reby certi-tfy that (I am) (I have been authorized to act for) owner of the property described above and that I tion for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that ment of tl--ie application fee is nonrefundable and is to cover the costs associated with processing this olication , a nd that it does not assure approval of the conditional use. I also understand that assigned hearing as are ten tative and may have to be postponed by Planning Department staff of the Planning and Zoning nmission -Wfor administrative reasons. I understand that a site visit may be required to process this application. of Kenai personnel are authorized to access the above -referenced property for the purpose of processing this �lication _ natu re : Date: it Name: Title/Business: Date Application Fee Received: For City Use Only PZ Resolution Number: Conditional Use Permit Application CHECKLIST City of Kenai Planning and Zoning Department '10 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planni ng@kenai. city www.kenai.eity/planning ❑ Evaluate uses allowed in your zoning district. Information on zoning is available at kenai.city/planning/page/zoning. ❑ Submit completed application form. The application form must include an attached site plan/floor 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.munici al.codes/KIV. .20. Information about the Comprehensive Plan is at kenai.cit / lannin / a e/com rehensive- Ian. ❑ 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 confirm the posting with the City. Planning staff will contact you and 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. Ci a p 0 W a a) N V) N C .N 7 L a C 0 0 C a� E (0 O. N a m a N C U M C � L IC o� o Co O O N w O N N( 7 L f6 046 cn m 03 a C lC N O O O y .. U o a n ca E ca o a) c c 'vi N 0 N O = N a.- L a) O N f6 m f`6 NL E 0 � 3 � C O U C w U "' C N CO0 .LD O Cn E _ N _ D w N L O L- j 0 SKETCH ADDENDUM Bo„overorOamer WOIf Da�idC. PrapeftAddress 1540 KRU%vakeCourt _ c� nay— _ c—ty Kena1Peninsulll sane AK zipcode 99611 24' 30, 7aMag ION Deo Bedroom Bedroom Living Room Garage l(f hen Laundry 112 rIN Bth 24. 2°' Bedroom Bath Beg, 42' ,.na,.s. L%AJLw11Ur4DFTA" --� Liv rg Hod First Floor — Fuel floor 1793 204 30.0 X 26.0 = 760.0 10.0 X 1d = 105.0 Garage 28.0 X 26.0 a 726.0 Garage 603 100 80 X 15.5. 124.0 14.0 X 4.0 - 56,0 Total 1703.0 i i enereNrr rammsan KEW PENINSULA Ules Tax Borough, of dw finarce 4. 1, Sales Tax Ac=fft # 021nWR Qdoberlfl, 2024 ARCTIC WOU ARMS 1540 Kff MAKE COURT KSM AK 99611 d Dew Resale Cerf-'-zaisa Holder, Please find below ymff f tES&E CE" FF "M -r-J, u:h is W77 an EKWIPT CE;MFICAT F- Ts,,-s :-= -3 you imay buy Rem uskig M card OW are to be resold to 2 feral consumer- KPB 5-18210 mfirm 2-e 's—s Ime are ei�,.ble for resale Vealrnerd as t6ows- A. Sa;es to a wholesale or Wag dealer in the property s64 kr !'e puram of msa;z by --e d�-, B. Sam o(persoral property as raw material to pemm sneag--4 in the property sold is cDnmm*wd in the umnubchmkq puxw of or becornes an conrpoeerd part of a prodLx;t ffmutchmd for sale by the masuolzs , C. Sa;esc.fperson property as raw nWWW tDa Tiommsed the arapWysad becomes a component part of the PnXW sOil bY dwrl bu3CM-9 se - a 'a ir: P-, adom KPB 5.18.220 aBows services to be; , rf am 1 for resa:e wbm Ene sCa d k,. aims a bwon ms. One charge for wtOch %M be passed directly by M bue--ms t3 a spersc hW. The only iterms ate you are eligible to buy for RESALE we # ,se !tWns UW are S;�—ad m y-rm7ff� fM L Items pmhased and 9Amxrjm*cmmArad in "m ordrWyomm aslorner are NOT ek--bie fm be pLudiased using a msa�s mm"catee. ft is your respmgft as a RESALE CERTIFIGAT E HOLDER to accote. =zr lh� 1'--z pxdvmd fey :tee. knpmper use ormadequMedoarmtabonafferns --e LrbwArw- i. ten wCate cwmKabon and dwimd for surrender of ft Reses C-.:zte-, 2 Retoactive dm%W for the exempban and cD&ecbon of s;ees tax farrnerly exe-r--- ff you shotM hem any qmstxm conceffmV the 7 - - - - - - -yam - - - - - - - - - - - - - - use of your resme cmu5cate, or any add sales -1f!ASmh%==tW tax issue, do not hesitale io contad the KP6 Sales ML ST BE "Xa:S7M.%-. :�-- +CT E %M K a. Tax Division at (907) 714-2175 or tot free At,*-u cad *-- 1 the Bmugh at 1-8004784M. u V&% mrM. r �u ATM \A)-'S SNUM ARMS Xkv,.7 km Thank you, A**Adwd W"tr. WOO U DIE Kenai Pa*mula Scmqh GLNSmTnnSG St PFUES Sales Tax Divis;W - - - - - - - - - - - - - - - - -