HomeMy WebLinkAboutPZ1980-07CITY OF KENAI
ADVISORY PLANNING AND ZONING COMMISSION
RESOLUTION N0. PZ 80-7
A Resolution of the Advisory Planning and Zoning Commission of
the City of Kenai granting a request for a CONDITIONAL USE PERMIT,
as authorized by KPB 21.76.140 of the Kenai Zoning Code, for
Care Center located Section 6, TSN, R11W, S.M, cont. 4.6 Acres
m/1 parcel 47-01-10 by Kenai Peninsula Community Care Center,
Billie Hardy, Executive Director.
WHEREAS, the Commission finds that Section 21.76.140 establishes
that there-.are uses which may be compatible with principal uses
in specified zones if certain conditions are met, and that the
Commission shall permit this compatible type of use if the require-
ments and conditions so specified are met, and
WHEREAS, the Commission finds:
1. Than an application meeting the requirements of Section
21.76.220(C.l.a) has been submitted and received on April
20, 1980.
2. That this request is located on land zoned RS.
3. This use is unlisted in the zoning ordinace, and there-
fore must meet the tests of 21.76.140(B) (1) regarding
similarity to principal permitted uses and. harmony with
intent of the zone.
4. This use is similar, although. not identical, to both
"one and two family dwellings" and to "hospitals and
sanitariums", and thus could meet the "use similarity"
test.
5. Because of the institutional characteristic of the use
(eg. organized and supervised care, and entrance via
referral from professional social workers). this use is
closer to the "hospital and sanitarium" use than the
"one and two family dwelling" and therefore should be
subject to the conditions imposed for that class of uses.
6. This use, when regulated under the conditions imposed
for hospitals and sanitariums, would meet the intent of
the RS zone to the same extent that hospitals and sanitar-
iums meet the intent of the zone, and therefore, could
meet the "harmony with the intent of the zone" test.
7. The conditions established for the hospital-sanitarium
use must be met by the use.
a) The "proposed location. of the use" on this particular
site in the RS zone maximizes its benefit to the
public, since the site is central to the community
and the site is in an area of limited residential
CONDITIONAL USE PERMIT Page 1 of 2
RESOLUTION N0. PZ 80-7
Page 2 of 2
growth due to the small amount of private land
surrounded by public land and city parks, and there-
fore,. any possible adverse effects will be limited
to a very small and confined area.
b) The "size" of the site is considered adec{uate in
terms of the intended use.
c) The "characteristics" of the site are such that any
adverse effects on adjacent properties are minimized
in order to maximize its benefits to the public.
d) Exits and entrances and off-street parking for the
use are so located as to prevent traffic hazards.
8. That a duly advertised public hearing meeting the reQuire-
ments of Section 21.76.220(C2) has been held by the
Commission on May 14, 1980.
9. That the following additional facts have been found to
exist:
None
NOW, THEREFORE, BE IT RESOLVED, by the Advisory Planning and
Zoning Commission of the City of Kenai that the applicant has
demonstrated that the proposed development meets the conditions
rec{uired for said proposal, and therefore the Commission permits
said proposal to be constructed in accordance with the specified
conditions, and authorizes the administrative official of the
Kenai Zoning Code to issue a Certificate of Zoning Compliance
for said proposal.
PASSED by the Advisory Planning and Zoning Commission of the City
of Kenai, Alaska, this 14th day of May, 1980.
ATTEST:
W
Chairman
CONDITIONAL USE PERMIT