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HomeMy WebLinkAboutResolution No. PZ2015-04"Villaye with a Past, Ci� with a Future / r 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.kenai.city \the city ofd 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -04 CONDITIONAL USE PERMIT, VARIANCE, TOWNSITE HISTORIC DISTRICT REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT, VARIANCE AND A TOWNSITE HISTORIC DISTRICT REVIEW FOR THE CONSTRUCTION OF A 6,500- SQUARE -FOOT MIXED USE SOCIAL HALL WITH A DINING FACILITY, COMMUNITY AREA, LIBRARY, CONFERENCE /CRAFT AREA AND OFFICE AREAS TO SERVE AS THE TYOTKAS ELDER CENTER. APPLICANT: KENAITZE INDIAN TRIBE ADDRESS: P.O. BOX 988, KENAI, ALASKA 99611 PROPERTY ADDRESS: 1000 MISSION AVENUE, KENAI, ALASKA 99611 LEGAL DESCRIPTION: LOT 16A, BLOCK 5, TOWNSITE OF KENAI, KENAITZE ADDITION SUBDIVISION KENAI PENINSULA BOROUGH PARCEL NUMBER: 04707131 WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Sections 14.20.105, 14.20.150 and 14.20.180 of the Kenai Municipal Code has been submitted and received on March 13, 2015; 2. This request is located on land zoned as Townsite Historic District. 3. That a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Commission on April 22, 2015. 4. The Planning & Zoning Commission has found that the applicant has demonstrated with plans and other documents and has found which are a prerequisite to issuance of a Conditional Use Permit, Variance and a Townsite Historic Development Review have been met, as follows: CONDITIONAL USE PERMIT FINDINGS: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criterions are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The Townsite Historic District "is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone." The new Tyotkas Elder Center building will replace the existing building which has been found to be structurally unsafe. A Conditional Use Permit is required for the proposed project because the building will be a mixed use facility containing a commercial kitchen and used to serve meals in a restaurant -type setting. In addition, the new Tyotkas Elder Center will provide a place for the Kenaitze Tribe to gather for social and cultural events which will also include a library and conference /crafts area and offices. 2. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development will not impair the adjoining property in the area and should encourage development and revitalization in the TSH zoning district. The proposed Tyotkas Elder Center will enhance the surrounding neighborhood as it will replace an existing building which has been declared structurally unsafe by and licensed engineer. 3. The proposed use is in harmony with the Comprehensive Plan. The area is classified as Mixed Use/Townsite Historic District in the Comprehensive Plan. Mixed Use is defined as, 'The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional, recreational and multi - family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. Mixed uses are particularly desirable in the Townsite Historic District and City Center overlay zone. "' "The Kenai Townsite Historic District, comprising thirty -four properties in the traditional townsite, was created by the City of Kenai in 1993. The district is locally significant, but does not meet the standards for a National Register Historic District. Several individual buildings may qualify. 1 City of Kenai Comprehensive Plan — Page 29 The district's buildings span Kenai's evolution from its origin as a subsistence village through the Russian settlement period to today's modern city. Unhappily, many of the district's oldest, most historic buildings were lost before the city created a special zoning district and ordinance to conserve the old townsite. The goal is to manage new development, reconstruction, and building alterations to protect and enhance the district's historic character. All construction in the district must be compatible with development criteria. Residential and business uses are regarded as desirable and compatible mixed uses.Q The proposed use appears in harmony with the Comprehensive Plan. This is a mixed -use development. No historical buildings will be removed as part of the development plan. The site has been planned to be compatible with the development criteria for the TSH zoning district. 4. Public services and facilities are adequate to serve the proposed use. The site is served by city water and sewer, natural gas, electric, and telephone. The site is served by paved, maintained city streets. Public services are adequate to serve the proposed use. 5. The proposed use will not be harmful to the public safety, health or welfare. The new Tyotkas Elder Center will provide a public health benefit by supporting the health and welfare of the elderly native population of the City of Kenai. The proposed use will not be harmful to the public safety, health, or welfare. 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. See Conditions of Approval below. VARIANCE FINDINGS: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2 City of Kenai Comprehensive Plan — Page 15 The Kenaitze Indian Tribe has used the property for many years as its Elders Center. The existing building is a one story building with an approximate size of 4,945 square feet. The footprint of the new Tyotkas Elder Center will be increased by 1,555 square feet to accommodate the growth in the elderly population served by the Tribe. To better accommodate the needs of the Tribe elders a new building is needed. Construction of.a two -story building would not serve the needed functionally required to better serve the Tribe. 2, The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The Kenaitze Indian Tribe has been researching this project for a lengthy period of time and considered various options. The size of the building is necessary to accommodate the facility. The request does not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The variance requested to exceed the commercial building total allowed area of 5,000- square -feet does not authorize a use that is not a permitted principal use in the zoning district. This is a request to relax a development requirement for the size of the structure. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. The Kenaitze Indian Tribe has been working with a team of dedicated architects to determine the minimum size for the building that will accommodate all the various services. The application is based on various codes and minimum construction standards for the various uses. 5. The granting of a variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. The requested variance is not based on other non - conforming land uses or structures in the same zoning district. TSH DEVELOPMENT REVIEW: The TSH zoning district development criteria restricts commercial buildings to a total area of 5,000 square feet. The TSH zoning district is historically significant to the City of Kenai and the State of Alaska. In 1996, the City of Kenai enlisted consultants to conduct a historic survey of the Townsite Historic Zoning District. That survey identified historical themes of the area:3 • Dena'ina Building Tradition: A.D. 1000 -1890 • Russian Exploration and Fur Trade: 1741 -1866 • The Russian Orthodox Church: 1841 -1096 (extant properties, 1881 -1906) • United States Purchase of Alaska, 1867: Fort Kenay, 1869 -1870 • Early Community Building Era: 1898 -1926 • Kenaitze Subsistence: 1900 -1941 • Federal Programs for Agriculture and Sustainable Resource Management: 1898- 1958 (extant properties, 1935 -1958) "The Historic Townsite area sits on a bluff facing south, near the confluence of the Kenai River and Cook Inlet. From the period of Dena'ina occupation through the Kenaitze Subsistence Era, village residents walked down paths from the bluff to the beach below to fish and haul water. ,4 The Kenaitze Indian Tribe is seeking a Conditional Use Permit, a Variance Permit, and Townsite Historic District Review to allow for the construction of an approximately 6,500- square -foot Tyotkas Elder Center. The Tribe, the original occupants of this land, have carefully considered options for the planned facility and determined this location and the size of the structure meets the needs of their members. With careful and controlled site development, as shown on the attached plans, the building can be built in the TSH zone in a manner to preserve the integrity of the zone and to protect the cultural and historical significance of the district. 3 "Kenai Townsite Historic District Survey Report" —Page 11 4 "Kenai Townsite Historic District Survey Report" — Page 12 CONDITIONS OF APPROVAL 1. Approval of PZ15 -04 shall be contingent on approval of Landscape /Site Plan PZ15 -05 by the Planning & Zoning Administration. 2. Prior to commencement of construction, applicant shall be required to obtain all appropriate Building Permits. 3. Prior to the issuance of the Building Permit for the Tyotkas Elder Center, the applicant shall submit a revised site plan showing the location of the building to be at a distance of 10 feet from the edge of the 5 -foot Street Easement along Mission Avenue and Upland Street as shown on Plat Number 2012 -11: Townsite of Kenai, Kenaitze Addition Subdivision. Pursuant to Kenai Municipal Code 14.24.020, Footnote (1). 4. Prior to the issuance of the Certificate of Occupancy for the Tvotkas Elder Center, the applicant shall apply for a Conditional Use Permit for an Off -site Parking Lot to replace the seven (7) on -site parking spaces being removed to accommodate the driveway entrance located on the adjacent parcel containing the Dena'ina Wellness Center. 5. Prior to the issuance of a Certificate of Occupancy for the Tvotkas Elder Center, applicant shall pave the proposed parking areas around the Tyotkas Elder Center. All paving shall be approved by the City of Kenai, Public Works Department. 6. Connections to Water and Sewer Utilities shall be approved by the Public Works Department. 7. Prior to the construction and placement of a new sign for the Tyotkas Elder Center, property owner shall apply for a Sign Permit. 8. Applicant shall file an annual report for the Conditional Use Permit as set forth in KMC 14.20.156. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE PROPOSED TYOTKAS ELDER CENTER MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 22T" DAY OF APRIL, 2015. CHAIRPERSON: ATTEST: Jeff t, Chairperson