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HomeMy WebLinkAboutResolution No. PZ2026-37KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-37 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DAYCARE IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 2880 BEAVER LOOP ROAD, ON PARCEL 04944007, IN THE RURAL RESIDENTIAL ZONE. APPLICANT: Frontier Community Services, Inc. PROPERTY ADDRESS: 2880 Beaver Loop Road LEGAL DESCRIPTION: Tract A-1A, Cone Tracts A-1A & A-1 B KENAI PENINSULA BOROUGH PARCEL NUMBER: 04944007 WHEREAS a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on October 9, 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 October 28, 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. The proposed use would not violate the residential character of the neighborhood. The structure has previously been used commercially as a residential group home and day habilitation facility and would continue to be used during the day to provide therapeutic and developmentally appropriate childcare services for approximately 15-20 children. Children will be indoors a majority of the time, and an outdoor recreation area will be on -site on the east side of the building. The east side of the building faces undeveloped land to the east Resolution No. PZ2026-37 Page 2 of 4 and is across from existing gravel pits to the north. Further development of the site is not anticipated, other than the addition of a privacy fence to enclose the recreation area. Traffic enters and exists from Beaver Loop Road, with directional flow anticipated through the two driveways. Beaver Loop Road is a Major Collector route in the City of Kenai, and the additional forty trips (assuming 20 children) would have a negligible effect on a road with an Average Daily Traffic Count of over 2,000 vehicles at present. Existing on -site parking is adequate to minimize impacts to Beaver Loop Road during drop off and pick up times. 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 is intended to preserve the residential character of the building without substantial expansion of the building. After installation of a fence, outdoor recreation will be supervised by staff and will be limited in nature, largely dependent on weather. Frontier Community Services will develop operational procedures that will be intended to minimize noise and other potential impacts to neighboring properties. The proposed use is immediately south of existing gravel pits and adjacent to a mobile home park. Due to the minimal time spent outdoors throughout the day during business hours, and the noise and traffic generated by gravel pit operations, staff finds the potential noise impacts will be largely indistinguishable from other nearby activities. Staff does not find that the proposed use will have a negative impact on the economic or noneconomic value of the adjoining property or 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: Low -Density Residential Land Uses typically include single-family, low -density, large lots with individual on -site water supply and wastewater disposal systems. The surrounding lots are a mix of single-family dwellings, a mobile home park, gravel pits, and undeveloped land. This mix allows the proposed use to be in harmony with the current use of the neighborhood. As stated by the applicant, the proposed use of a daycare is consistent with the City's Comprehensive Plan by supporting Quality of Life and Economic Development while maintaining the residential character and quality of the neighborhood. 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-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. Resolution No. PZ2026-37 Page 3 of 4 Objective ED-3 — Use regional economic and workforce statistics to match the most suitable type of industry for particular areas. Staff finds the proposed use is consistent with the above -mentioned goals. The proposed use will provide a safe, state -certified option for childcare within the City of Kenai. More specifically, this project will provide childcare for children with developmental disabilities and individualized support needs. A recent study, commissioned by the Kenai Peninsula Economic Development District (KPEDD), outlined the economic impact of Childcare on the Kenai Peninsula. This study shows a direct impact on the economy when childcare services are not available to working adults. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: The property is served by on -site water and wastewater disposal and has established natural gas and electric services. The property is accessible from Beaver Loop Road, a City -maintained road, providing adequate access for clients, staff, and emergency services. Staff finds the public services and facilities adequate 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: Childcare centers are regulated by the State of Alaska and must comply with established state statutes, regulations, and oversight procedures. This includes, but is not limited to fire inspections, state inspections, and other routine audits of operations and records. Staff finds the existing regulatory structures in place will be sufficient to ensure the safety, health, and welfare of clients and members of the surrounding neighborhood. 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: Per KMC 14.22.010 — Land Use Table, two additional conditions must be met: a) The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; and, b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. Traffic enters and exists from Beaver Loop Road, with directional flow anticipated through the two driveways. Beaver Loop Road is a Major Collector route in the City of Existing on -site parking is adequate to accommodate staff parking and minimize impacts to Beaver Loop Road during drop off and pick up times. Staff finds the additional conditions will be met with sufficient off-street parking, a semi -circular driveway, and appropriate directional signage. Resolution No. PZ2026-37 Page 4of4 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 daycare in the existing commercial building on a property described as Tract A-1A, Cone Tracts A-1A & A-1 B, located at 2880 Beaver Loop Road, on Parcel 04944007, in the Rural Residential Zone. 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 Planning & Zoning Commission hereby allows a one year extension for development in accordance with KMC 14.2.150(I)(3). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 28T" DAY OF OCTOBER, 2026. Fine Keaton, Chair ATTE L g n Parks r ut City Clerk STAFF REPORT PLANNING &ZONING DEPARTMENT K F. A I TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: October 20, 2026 SUBJECT: Resolution PZ2026-37 — Conditional Use Permit — Daycare Request The applicant is requesting to operate a daycare in an existing commercial building in the Rural Residential Zone. Staff Adopt Resolution PZ2026-37 approving a Conditional Use Permit for a Recommendatk Daycare in the Rural Residential (RR) Zoning District. Applicant: Frontier Community Services, Inc. Legal Description: Tract A-1 A, Cone Tracts A-1 A & A-1 B Property Address: 2880 Beaver Loop Road KPB Parcel No.: 04944007 Lot Size: 59,416 square feet (1.36-acre) Zoning: Rural Residential (RR) Current Use: Vacant Land Use Plan: Low Density Residential (LDR) SUMMARY_ The applicant is requesting a Conditional Use Permit (CUP) to operate a therapeutic childcare center (daycare) at the existing commercial building within the Rural Residential Zone dwelling. A CUP is required to operate a daycare 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 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. The structure has previously been used commercially as a residential group home and day habilitation facility and would continue to be used during the day to provide therapeutic and developmentally appropriate childcare services for approximately 15-20 children. Children will be indoors a majority of the time, and an outdoor recreation area will be on -site on the east side of the building. The east side of the building faces undeveloped land and is across from existing gravel pits to the north. Further development of the site is not anticipated, other than the addition of a privacy fence to enclose the recreation area. Traffic enters and exists from Beaver Loop Road, with directional flow anticipated through the two driveways. Beaver Loop Road is a Major Collector route in the City of Kenai, and the additional forty trips (assuming 20 children) would have a negligible effect on a road with an Average Daily Traffic Count of over 2,000 vehicles at present. Existing on -site parking is adequate to minimize impacts to Beaver Loop Road during drop off and pick up times. 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 is intended to preserve the residential character of the building without substantial expansion of the building. After installation of a fence, outdoor recreation will be supervised by staff and will be limited in nature, largely dependent on weather. Frontier Community Services will develop operational procedures that will be intended to minimize noise and other potential impacts to neighboring properties. The proposed use is immediately south of existing gravel pits and adjacent to a mobile home park. Due to the minimal time spent outdoors throughout the day during business hours, and the noise and traffic generated by gravel pit operations, staff finds the potential noise impacts will be largely indistinguishable from other nearby activities. Staff does not find that the proposed use will have a negative impact on the economic or noneconomic value of the adjoining property or neighborhood. Resolution No. PZ2025-37 Conditional Use Permit Daycare Page 2 of 4 Criteria 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: Low -Density Residential Land Uses typically include single-family, low -density, large lots with individual on -site water supply and wastewater disposal systems. The surrounding lots are a mix of single-family dwellings, a mobile home park, gravel pits, and undeveloped land. This mix allows the proposed use to be in harmony with the current use of the neighborhood. As stated by the applicant, the proposed use of a daycare is consistent with the City's Comprehensive Plan by supporting Quality of Life and Economic Development while maintaining the residential character and quality of the neighborhood. 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 0-1 - 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-3 — Use regional economic and workforce statistics to match the most suitable type of industry for particular areas. Staff finds the proposed use is consistent with the above -mentioned goals. The proposed use will provide a safe, state -certified option for childcare within the City of Kenai. More specifically, this project will provide childcare for children with developmental disabilities and individualized support needs. A recent study, commissioned by the Kenai Peninsula Economic Development District (KPEDD), outlined the economic impact of Childcare on the Kenai Peninsula. This study shows a direct impact on the economy when childcare services are not available to working adults. Criteria 4: Public services and facilities are adequate to serve the proposed use. FINDINGS: The property is served by on -site water and wastewater disposal and has established natural gas and electric services. The property is accessible from Beaver Loop Road, a City - maintained road, providing adequate access for clients, staff, and emergency services. Staff finds the public services and facilities adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. FINDINGS: Childcare centers are regulated by the State of Alaska and must comply with established state statutes, regulations, and oversight procedures. This includes, but is not limited to fire inspections, state inspections, and other routine audits of operations and records. Staff finds the existing regulatory structures in place will be sufficient to ensure the safety, health, and welfare of clients and members of the surrounding neighborhood. -Res o luti o n-No .-PZ-2-02-5-37- -- Conditional Use Permit Daycare Page 3 of 4 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: Per KMC 14.22.010 — Land Use Table, two additional conditions must be met: a) The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; and, b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. Traffic enters and exists from Beaver Loop Road, with directional flow anticipated through the two driveways. Beaver Loop Road is a Major Collector route in the City of Existing on -site parking is adequate to accommodate staff parking and minimize impacts to Beaver Loop Road during drop off and pick up times. Staff finds the additional conditions will be met with sufficient off-street parking, a semi -circular driveway, and appropriate directional signage. 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 daycare in the existing residential structure on the property described as Tract A-1A, Cone Tracts A-1A & A-1 B, 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 PZ2026-37 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. 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). ATTACHMENTS Aerial Map Application KPEDD Childcare Impact Report Resolution No. PZ2025-37 Conditional Use Permit Daycare Page 4 of 4 ATTACHMENTS Aerial Map Application Preliminary Plat, Plagge-Swan Subdivision Resolution No. PZ2026-38 Preliminary Plat Plagge-Swan Subdivision Page 4 of 4