Loading...
HomeMy WebLinkAboutResolution No. PZ2025-33ov "400k KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-33 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A BED & BREAKFAST IN A SINGLE-FAMILY DWELLING. APPLICANT: Booth's Properties — Keri Hiler PROPERTY ADDRESS: 5105 Silver Salmon Drive LEGAL DESCRIPTION: Lot 4, Block 1, Highlands Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04917004 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 30, 2025; 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 February 26, 2025, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 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 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. Resolution No. PZ2025-33 Page 2 of 4 The proposed use would not violate the residential character of the neighborhood as it would function/remain as a single-family dwelling in addition to the operation of the proposed business. 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. 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: The proposed use will not impair the value of adjoining properties and the lot itself has been improved upon. Staff finds the proposed use would not negatively 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: The CMU Zone is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area The surrounding properties are a mix of vacant lots and residential dwellings. The proposed use would be compatible with the existing uses. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. 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-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Resolution No. PZ2025-33 Page 3 of 4 Goal 3 — Land Use is to develop land use strategies 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 issues. Goal 8 — Environmental Resources: Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Silver Salmon is a gravel, City -Maintained road and lot itself has a gravel driveway with adequate parking. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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 a Bed & Breakfast in 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. Resolution No. PZ2025-33 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 a Bed & Breakfast in the existing single-family dwelling on the property described as Lot 4, Block 1 of the Highlands Subdivision, located at 5105 Silver Salmon Drive. 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 10T" DAY OF DECEMBER, 2025 c�D ✓ J Sonja tarsl, Chairpofson ATTEST: L an P rk , De uty City Clerk 10�1 STAFF REPORT � PLANNING &ZONING DEPARTMENT K F. N Ar TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Jessica See, Planning Technician DATE: November 14, 2025 SUBJECT: Resolution PZ2025-33 — Conditional Use Permit — Lodge and Guide Service Request The applicant is requesting to operate a Bed & Breakfast at the existing single-family dwelling. Staff Adopt Resolution PZ2025-33 approving a Conditional Use Permit to Recommendation operate a Bed & Breakfast in a single-family dwelling. Applicant: Booth's Properties, LLC — Keri Hiler Legal Description: Lot 4, Block 1, Highlands Subdivision Property Address: 5105 Silver Salmon Drive KPB Parcel No.: 04917004 Lot Size: 20,038 square feet (.46-Acres) Zoning: Rural Residential (RR) Current Use: Single Family Dwelling Land Use Plan: Central Mixed Used (CMU) SUMMARY The applicant is requesting to operate a Bed & Breakfast out of the single-family residence. Per the Land Use Table, a CUP is required to operate a Bed & Breakfast out of a single family dwelling within a Rural Residential Zone. 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. Findings: 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 it would continue to function and serve as the family home. Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling with 2 bedrooms, and there is adequate parking available. 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: The proposed use will not impair the value of adjoining properties negatively as the lot has been improved upon to create an aesthetic and authentic Alaskan feel. The new development has increased the value of the property itself as well as for adjoining lots. 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 Central Mixed Used (CMU) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: The CMU Zone is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 2 of 4 The surrounding properties are a mixture of residential and vacant lots. The proposed use would be compatible with the existing uses and the natural landscaping keeps the lot itself private. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. The proposed use of a Bed & Breakfast is consistent and in harmony with several goals in the 2016 Comprehensive Plan, specifically Goals 1, 2, 3 and 8 listed below. RELEVENT GOALS 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-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. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 8 — Environmental Resources: Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. The lot has a graveled driveway with adequate parking on site and Silver Salmon is a graveled City -Maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 3 of 4 Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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 allowing a Bed & Breakfast in 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. 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. 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 at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a Lodge and Guide Service in the existing single-family dwelling on the property described as Lot 4, Block 1 of the Highlands Subdivision 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 PZ2025-07 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 Site Plan Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 4 of 4 Bed and Breakfast Conditionai Use Permit Application City of Kenai Planning and zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Name: Keri Hiler Mailing Address: P4 Box 3935 City: Soldotna TState: Alaska IZip Code: 199669 Phone Number(s): Email: Name: Mailing Address: City: State: JZiP Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): 704917004 Physical Address: 5105 Silver Salmon Drive Kenai Alaska 99611 Legal Description: Lot 4 Blk 1 Highlands Subd Zoning:,. �•qfc� Acres: .4 r �. , ^ R � " P, , ' r Y ! • 9 �' � T , 4 t f k .. 3 Y C P � ~' d ' !. ` . i, � .. t How is this property currently being used? Private Residence Describe details of the bed and breakfast conditional use (attach additional sheets if necessary). Include the number of beds: 2 bedroom Explain how the conditional use is consistent with purposes and intent of the zoning district of the property- Z..., �"'I Q i�> �+�.,._.-- 1�f� u fv`•^- r� ,,C.;r' d.` '�o.* .� A-r Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use, ;��., �_ /r�{ � / ' .mac •- �,�__� Raw Land surrounding the property and w have improved the property overall Use of surrounding property - north: Vacant Land Use of surrounding property - south: Vacant Land Use of surrounding property - east: Vacant Land Use of surrounding property - west: Vacant Land Explain how the conditional use is in harmony with the City's Comprehensive Plan. Are public services and facilities on the property adequate to serve the proposed conditional use? Include considerations of off-street parking for the owner and all guests in your response. Sufficient Parking available p 4 s, A -- Explain how the conditional use will not be harmful to public safety, health, or welfare: N/A d 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? None Will the establishment be owner -occupied? _ M YES Will no more than one person outside of the family be employed for the home [i YES occupation? Will no more than 30% of the gross floor area of all buildings on the lot be used @ YES for the home occupation? Will the home occupation take place in a wholly enclosed principal building or y YES other building accessory to the principal building on the property? Has the City Fire Marshal ins ected the property for Fire Code compliance? El YES Signature: Print Name: Ked Hiler Title/Business: IMember, Booths Properties, LLC Date Application. Fee Received: For City Use Only PZ Resolution Number: s KPB NOTE: See PC Resolution 83-6 r s '/N </n`✓ : + :_Aw LAS NIXE RENAI CITY P:.4NRI RR Cgm//mrri5t�n. MUM. This if to certify th.t too ri1Mn ol.Y woo Ouly Euhmilcod m and P o. an ci 1"t C.... it of K..ol 01Y, Atacio 9Y rftfo IiOn numtJo,(/�ulY Awl -R i ....d ac aO this �py%q} Y of o Yvr �Cl f-p--`l l�rh<uGL•La""""' A NDT4Nv'S 4CKNQ�Iryf9914E NT /1 S Y,gyO o.�&'s r s ror me tnls, �%f F 41a'f; !U by 90441 PENINSULA 9OR000N P1111lo9 ^•o mt.iffion thrdef of JAAt�q_j[ `� l..19815. I • � J b jn B 9 . � Ny I i1115 BP r Ir ,r y sucr r] lV 111,E ; 1 j I LIZ - SCALE "•too' :.E :END 4::Y. 110'•CS f monvmenJ VIC1NITY MAP � u.A U53.�. :oP s, f—o 4t'!i.' t v.Y besf caP. 410-1 0 So, erect car ^ ^amfnf. 4,1 Fem!Rgo ..for to'h. It. r. Natam of i0' VJN,ry PEe..m• i.q"nR'x I., th. T'osf peaado:Y .I siclior- O •y4,.dq.,,-r1 .f'h�pK" i NjatO�.:: tR 6•-E •••Nit tlyOi r CERTIF!CAU OF LAND SURVEYOR. IiEREeT CERJ tY r1tA1 t Ar, A REO-SJERE.D 0 SURVEYOR, AND ' w 5 PLA RC PRESEN-:; A EUR VEY MADE �NERECN 4C'UA�..Y C4'frt 0.A .00A'CC, '— -- CCTAtl.s ARE CORiolc— UA1t et NE. Ato-MAT-NA NONUNEN i6 SNU wX AND 'NA` 0.-.l 9:N£N;'RNRL AMD b Nth RE G'S't RCO LAND S11Rok YDR _ C[:R11;F:CAIC OF CwNLRSH�P AND r.t Rl RY rE p'icy -wA' WE ARE DED'CAIMN, 'NC OYNkNS of SAID PRDPkN'•, AMe ApJP• _ •i AN Y •.P JUR rRft LyNY ENit y__T OwNEX AND boo 'CA'E At. STRf rrti AN0 fASE� DNRkN .� .f •yt� f�l1E` FN41 CITY R EAR!-C Not OUe n'•tdotl} HIGHLANDS SUBDIVISION MCRRIS AND PATRICA COURSE:N (owners) P 0 eot 250, S.Iool,,, Alotte. LEGAL DESCRIPTION SW I/4 NW V4 SEC : tON 0, T 5 N , R IO W, S.M., AND IN KENAI. ALASKA, CONTAINING 40 ACRES. SURVEYED AND PREP44CD NY: SrANLEY S -,LANE 04TE Of SURVEY' E 9r eoandar,at oM010.4 J. or 3, 1366. ——ier,or 4V9. 25, 1961 KPB (VOTE: See PC Resolution 83-6 rf,v Crow t u LaNI'ASN�RC 't'Y,a � J' • S.+e a0 1•,- rlSr _ lnaYe - ~` ol to [t ns••' n, Ar: •' z� A as Tn •' r[T.(S/.• n OCa )4 IS i8 I 1r r8 rtmlASTes �> en t •\ `{t:+-' I ` A.k.°' rp,rr•' 'se.eee•' I to,oe[•' q • '� `>p.." to ' � — 'e1 ...i1, 6 . Ott• �• tS, 16 4 t1r• �A,' 2 n • \ ruf. d a > rp \ ..I to .>a 40 /l 976 •' I I rn eae •• A c 41.rr a d •t " p � f4 ' TaD • � 4'T: � �. Yl a a (IN 0 � t A o♦} ,'% Ins R ? it h A Ift G zA., f , M 'le-- KRAt cirvo-ANN'KE CONN•.Cs10R CDU� TAI. 1. to eo!t1h I%0 rho Ytthf. !t•1 f•e 8.1v /v6Ml+ted ra An-0 A" C.� 0 0I!T 1 Csty, A,..AA !r-•SYeJ•Men nu+e,.,GJ Af, amntn pnaaad 1Ma A,�/-�{+, KUNo' d rr"FF.'yY CierY i 3 [ tr670 • I a rn, eno doD c 1 M 7 it ! 1. • 11 f hr I AaG,A ~a :t,lo "% e • o"' a Is ' M III L6 00 ?.. ."4.� /i,f63'• I'LI1 r1 to coo •• D 7 i t. rD! 11,7411 IJ , s yAt7 a a _as ° •lr � ;it I 1•d �O I .27_ a: - ;S ``ie+aei 8 I 11 t,D f7 Ittf It RR•Y�a \ yI 3 •'~ •,tm toe. I eo. e.- t 9 0 L I 7 I f 10 Mon I rp,aae o' Kfo ! Ntlr•r. 7.t tt • j 1 I tT n a,. L ,.. [ � see.no I • O � e ,I 3 9 ' 1 i A• � T. _. _�_ I e vvrs+. r+f.gp ( 1a y 22•44On/t « d d n e 1 9I r-/ A. rr / bra � > • >d� `-� _ ( � _ ,I 1 3 4 3 .I 2 s I p N 29 r!a, n• �.T IA rRL• � 29 eff• rep=1M`I �G J]?• ,SO eea C e M re n at iO Tsne - red3e '""'�• _ A' 1T!'rY'Jp IftO. to • - — — _ - KA1 L T 06CATI (Ko! 9,b4I,Tdod) 'iEKR t 1PITARY'R AlKIODVR,tDOM[NT. / I Jlfx6a2fr3� ��/[C/l�lr( rand Er rA. III.!ed et Plot p lred by ?A. REMAI PERIRSULA IOROUON plemlln( -41-1.afa9 'Mt (� _ d.Y et AM J1.• v� , 1911t Cnefr meA , I -ry t•\\ THIS R!b J 2 r (4 is 6 SCALE 1••100' VICINITY MAP R0EH0 AND NOTES To',nd USRLO hrotf MP4!enuTeM. f Y'—$ oI.-W Yv YMess tYf, 4,0'S f 9at l,r:f top Nn.VNfnt. A9 h !:Y t ,.for 1. 1%. 01.[ 411 N .I NO• WW to, 1%. W.r neonee+p .1 ,:t r;e* 9 V UNifrr a d.elne9e .ete�►I, J ��� 6ulldey err W r, nn. IL `{ M.R tt. CERTIFICATE OF LANDSt1RTEY0R. - I NCRCS• !ER♦to TNAT't ■N • MED ISTf RC lAMO SURVE•ORA ANN '"A' TICS ►1ST RCPR[S[MTS A SUMV111 PAD[ 9T NCI 4 :NOT-Nf NOMVn(MTt SMOYR TH(R(OM ACT.)ALLV ['MIST At LOCATED. ANO THAT aLL 0, NtM710MAL AMD O1NIt 9f TAILt AMC 06M09c". DATE JKP_riI_1lLL �3a�i_t./1�%3iCR .� r- Htdi!-["eD LAhO SURY[rpR c CERTIFICATE OF OWNERSHIP AND DEDICATION. !a WC •tRC9♦ Or RTtr♦ •MAT ve tot Tv[ OYhtot Or SAID M0R(NTT, ARO AOORT r THIS A! AM MI TN OUM rRCC SOMA[NT, ■N0 OCOIDA•( All STREETR 400 (af[- z H[NTS-1/1St.0.4 TO PO11C Ua[. --) ° DATE�„�'.t�- O aYM[M OvhER n < J R 1 �aIE a4a�'1 H�� 1 ...A� �. J Dent"41,141dt HIGHLANDS SUBDIVISION MEWS AND PATRICA COURSEN (Diners) p 0 e.. 250. cerderne, A1e0b A LEGAL DESCRIPTION SW I14 N I/4 SECTION 9, T S N, R IO W, S.M, AND IN KENAI, ALASKA, CONTAINING 40 ACRES. SURVEYED AND PREPARED NY; STANLEY A MCLANE DATE Or SURVEY: E.rer!aI e69"4411.. tONOW>d No, S, 064, I A I W., Aug. 20. 1967. 9 � .F 4 • f: 14; s Aw aj • jj T Ab ..� �►