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HomeMy WebLinkAboutResolution No. PZ2026-14 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-14 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A GUIDE SERVICE. APPLICANT: Derek Gardner PROPERTY ADDRESS: 1125 Angler Drive LEGAL DESCRIPTION: Lot 8, Angler Acres Sub, Part 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939032 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 6, 2026; 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 May 27, 2026, 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 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. In February 2026,the Commission transferred CUPs PZ 1997-53 and PZ1999-05 to Derek Gardner. During this transfer, it was noted that an existing Guide Service has historically been operating from this location through the previous owner. Staff recommended to Mr. Gardner that he apply for the Guide Service CUP in order to become fully compliant with Kenai Municipal Code. The proposed use has been ongoing up to this year and staff finds that this would not violate the residential character of the neighborhood as it will still remain used the same way as it has been historically. Traffic flow is not anticipated to be affected Resolution No. PZ2026-14 Page 2 of 4 negatively by the proposed use as there will be only the number of guests to the property will be limited and there is adequate off-road parking available. Staff finds that the proposed use meets the intent of the RR zoning district given its previous history. 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 other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1125 Angler Dr. Staff finds the proposed use, similar to the nearby properties, 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; Findings: The Land Use Plan in the City of Kenai Comprehensive Plan, identifies the subject property with the Low-Density Residential Land Use Classification. The Low- Density Residential Classification is intended for: [locations that may have]poor site conditions is intended for large-lot single-family low- density residential development. The area will typically be developed with individual on- site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. 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. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. 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. PZ2026-14 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. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. 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. Angler Drive is a paved road, which is a City-maintained road. 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. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with a good record. 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 Guide Service business in the existing 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 Guide Service in the existing single-family dwelling on the property described as Lot 8, Angler Acres Sub, Part 3 Resolution No. PZ2026-14 Page 4 of 4 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. Pursuant to Kenai Municipal Code 14.20.150(f) the applicant shall submit an annual report, including a summary of the on-site activity, to the City of Kenai, due no later than December 31 of each year. 3. The applicant will meet with City Staff for on-site inspections when requested. 4. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(I)(5). 5. The applicant will have a routine fire inspection performed every 2 (two) years. 6. The applicant will ensure that the property will be adequately maintained and kept free of trash or junk. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 27T" DAY OF MAY, 2026 Jea a Keaton, Chair ATTEST- Lo arks, Deputy Cit lerk r STAFF REPORT PLANNING & ZONING DEPARTMENT KENAI TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: May 21, 2026 SUBJECT: Resolution PZ2026-14—Conditional Use Permit—Guide Service Request The applicant is requesting to operate a Guide Service at the existing dwelling. Staff Adopt Resolution PZ2026-14 approving a Conditional Use Permit to Recommendation operate a Guide Service in an existing dwelling. Applicant: Derek Gardner Legal Description: Lot 8, Angler Acres Sub, Part 3 Property Address: 1125 Angler Drive KPB Parcel No.: 04939032 Lot Size: 0.98 acres Zoning: Rural Residential (RR) Current Use: Single Family Dwelling Land Use Plan: Low Density Residential (LDR) SUMMARY The applicant is requesting to operate the existing location as a Guide Service.A Conditional Use Permit(CUP) is required to operate as a Guide Service. 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. In February 2026, the Commission transferred CUPs PZ 1997-53 and PZ1999-05 to Derek Gardner. During this transfer, it was noted that an existing Guide Service has historically been operating from this location through the previous owner. Staff recommended to Mr. Gardner that he apply for the Guide Service CUP in order to become fully compliant with Kenai Municipal Code. The proposed use has been ongoing up to this year and staff finds that this would not violate the residential character of the neighborhood as it will still remain used the same way as it has been historically. Traffic flow is not anticipated to be affected negatively by the proposed use as there will be only the number of guests to the property will be limited and there is adequate off-road parking available. Staff finds that the proposed use meets the intent of the RR zoning district given its previous history. 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 other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1125 Angler Dr. Staff finds the proposed use, similar to the nearby properties, 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. 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: Resolution No. PZ2026-14 Conditional Use Permit Guide Service Page 2 of 5 [locations that may have]poor site conditions is intended for large-lot single-family low- density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. 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. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. As stated by the applicant, the proposed use of a Guide Service is consistent and in harmony with several goals in the 2016 Comprehensive Plan, specifically Goals 1, 2, and 3, 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. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Resolution No. PZ2026-14 Conditional Use Permit Guide Service Page 3 of 5 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. Angler Drive is a paved road, which is a City-maintained road. Criteria 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. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with a good record. 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 Guide Service business in the existing 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 8, Angler Acres Sub, Part 3 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 PZ2026-14 approving the Conditional Use Permit, subject to the following conditions: Resolution No. PZ2026-14 Conditional Use Permit Guide Service 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. The applicant will meet with City Staff for on-site inspections when requested. 4. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(I)(5). 5. The applicant will have a routine fire inspection performed every 2 (two) years. 6. The applicant will ensure that the property will be adequately maintained and kept free of trash or junk. ATTACHMENTS Aerial Map Application Angler Acres Subdivision Resolution No. PZ2026-14 Conditional Use Permit Guide Service Page 5 of 5