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HomeMy WebLinkAboutOrdinance No. 3219-2021J JCV Sponsored by: Administration KENAI CITY OF KENAI ORDINANCE NO. 3219-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY DONATING CERTAIN CITY OWNED PROPERTY DESCRIBED AS ONE APPROXIMATE 2 ACRE PARCEL TO BE SUBDIVIDED FROM A PORTION OF THE 6.8 ACRE MORE OR LESS PORTION OF THE EAST OF TRACT 4A, BARON PARK 2020 REPLAT (KPB PARCEL NO. 045 01 035) TO TRIUMVIRATE THEATRE FOR THE DEVELOPMENT OF A THEATRE FACILITY. WHEREAS, Kenai Municipal Code 22.05.110, Determination as to need for public purpose, allows the Council, by Ordinance, to donate real property that is no longer needed by the City for a public purpose, to a non-profit corporation for consideration; agreed upon between the City and grantee without a public sale if the devotion is advantageous to the City; and, WHEREAS, Triumvirate Theatre is a 501(c)3 non-profit corporation with a mission to provide performing arts opportunities with an emphasis on theatre with and for children; and, WHEREAS, there is a need for a community theatre in the City of Kenai; and, WHEREAS, the City desires to support performing arts in the community; and, WHEREAS, donating the subject parcel to Triumvirate Theatre at less than fair market value is in the best interest of the City, and; WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021; and WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure a theatre facility is developed or the property is returned to the City including in the event of a land sale, to a for profit entity, the value of the property shall be reimbursed to the City, if the sale occurs within twenty years after transfer to Triumvirate Theatre. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the property: one approximate 2 acre parcel to be subdivided from a portion of the 6.8 acre more or less portion of the east of Tract 4A, Baron Park 2020 Replat (KPB PARCEL No. 045 01 035), to Triumvirate Theatre, on a form approved by the City Attorney, for less than fair market value ($1.00) and for the sole purpose of developing a theatre facility. Ordinance No. 3219-2021 Page 2 of 2 Section 3. That Triumvirate Theatre must complete at its own expense all actions necessary for the subdivision and development of the properties; and to provide proof of financing sufficient for the projects as prior conditions of the transfer of title; and to pay all closing costs and fees for said property and said consideration to the City for the property. Section 4. That the Kenai City Council further finds the disposal of the parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the property interest for less than the fair market value, in accordance with the recitals above which are incorporated herein. Section 5. That the Kenai City Council further finds that if the action items described herein are not completed by July 16, 2023, the authorization to transfer the land lapses unless further authorized by the City Council. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. i , ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 2021. ATTEST: Heinz, MMC, City Clerk \ (A- BRIAN GABRIEL SR., MAYOR KENA/ Introduced: 119 June 2, 2021 Enacted: July 7, 2021 Effective: August 6, 2021 New Text Underlined; [DELETED TEXT BRACKETED] KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www1enai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 24, 2021 SUBJECT: Ordinance No. 3219-2021 - Conditionally Donating a Portion of Tract 4, Baron Park Subdivision 2012 Addition for the Development of a Theatre Facility. The purpose of this correspondence is to respond to the City Manager request to bring an ordinance to consider conditionally donating the properties referenced in the above described ordinance to the Triumvirate Theatre. On May 20, 2021, Joseph Rizzo, on behalf of the Triumvirate Theatre, requested consideration of a donation of approximately 2 acres to the north of Daubensbeck Park to construct a theatre facility. The Triumvirate Theatre has been looking for a new home since a February 20, 2021 fire which resulted in a complete loss of their 5,000 square foot theatre facility. A donation of approximately 2 acres would require a subdivision of the approximately 6.8 acres of Tract 4, Baron Park Subdivision 2012 Addition. The parcel is zoned Light Industrial, which allows a theater with a conditional use permit, requiring submission of an application and approval by the Planning and Zoning Commission. Thank you for your consideration. Attachment A: Letter from Triumvirate Theatre proposing a land donation for construction of a theatre facility. Attachment B: Aerial Map illustrating the proposed parcel to be subdivided for a theatre facility. May 20, 2021 Joseph Rizzo ACIPA PO Box 322 Kenai, Alaska 99611 Dear Mr. Ostrander: Thank you for all your assistance and guidance in helping us put together this proposal that the City of Kenai donate a piece of property on which to build the new Triumvirate Theatre facility. The following information will be helpfirl for the City Council in determining if this proposal is viable. History ofAlaska Ch "vWs Institute for the R- fom:ingArts (Triumvirate Bea") Our organization was formed as a 501 (03 nonprofit in November 1998. For over 20 years, we have provided performing arts opportunities for members of our community with a special emphasis on theatre with and for children. We serve people in the communities of Kenai, Soldoma, Sterling, Nikiski and Kasilof. In 2005, we began renting a 3,000 -square -foot space in the Peninsula Center Mall in Soldoma, wherewe operated a 100 -seat theatre and a bookstore for almost 10 years. In 2006, four members of the board formed an LLC, North Road Properties, and bought a mechanic shop just a few miles north of the Kenai city limits with the intention of remodeling it to have a permanent home for the theatre's operations, renting it to us for well below market value. Through many grants and thousands ofvolunteer hours, the remodel was completed in 2013. The last two years of the remodel, the bulk of the interior work was completed by the Nikiski High shop class. White Christmas, the first of dozens of productions and events that would be held at the new facility, opened that December. Plays, concerts, fundraisers for cancer victims, corporate events, Eagle Smut award ceremonies, wedding receptions and mov- ies are just some of the activities that have taken place in our facility over the last eight years. It was truly a community space for the whole central Kenai. Ike Fire In the early morning hours of Feb. 20, 2021, a fire broke out in the backstage area of the theatre and engulfed the building in flames. In spite of valiant efforts by the Nikiski and Kenai Fire Departments, it was a complete loss of the 5,000 -square -foot fadlity. Both the insurance forensic expert and the state fire marshffs office could not determine the cause of the blaze. Currently, fundraising efforts are underway to rebuild the theatre. Meanwhile, the Kenai Peninsula Borough School District is providing our organization use of the Little Theatre at Kenai High to continue our operations throughout the next school year. Some highbgba ofservicesprovidcd by Tnwnvhxrm Duaft in the community and the state: • We have produced well over a hundred plays, musicals and events over the last 23 years. • Working with James Adoax, kids and adults in the community created a 240 -square -foot mural depicting the history of the Kenai Peninsula. • Large stained glass artwork was created by children under the direction of Sandy Stevens, a stained glass artist in our community. • The Class Act Drama Troupe was established in 2005. This troupe is made up of seventh- to 12th -grade youth. Half of funds raised from their shows are distributed back to the kids in the form of scholarships when they graduate high school. Thousands of dollars have been awarded in scholarships over the years. To our knowledge, this is the only program of its kind in the U.S. triumvirate p.o. box 322 kenai, alaska 99611 907.394.1159 www.triumviratetheatre.org hereliesdrama@hotmail.com THEATRE r� l� HighUgbts rout • Working with the Alaska Humanities Forum, we have made two television programs teaching children about Alaska his- tory. Baranads Castle won a Best Indic Film Award at rhe Kids First Film Festival, the largest such festival in the world. It was also translated into Russian for Russian Television. DaoenportFlagstap and the Case oftbe Golden Spike is a 45 -minute film created in cooperation with the Alaska Railroad and has enjoyed extensive play on KTUU-TV. • Eight Stars of Comedy Gold was a 90 -minute history of the State of Alaska funded through a $30,000 grant from the Rasmuson Foundation, commemorating the 50th anniversary of statehood. • Mental Health Mondays is one of our current programs done in cooperation with KSRM Radio. Youth actors produce radio dramas about mental health issues facing teens. The dramas are followed by a round table discussion between the actors and Dr. Paul Turner, a Kenai psychologist. Desmiption gfBenq%iaries We know that the performing arts are critical to childreds development and we provide opportunities for them m discover how much the stage can teach them about themselves and the world around them. By getting kids on stage to perform, parents and families that come to see them perform are also important beneficiaries of our programs. Lastly, we are heavily involved in fundraisers for local causes fiom kids who have cancer to people who lose their homes to house fires. We often provide entertain- ment for fundraising events and, before our facility burned down, provided a place for the community to hold such events. Current States oftbe Frgeet (Rebwkhxge,(forts), nwhns, and fends raised to date. We are currently in the fundraising and planning stages of rebuilding the theatre. Our hope is to have the new theatre open byApril or May 2023. FuudraisingEfmts Shortly after the fire occurred, the Rasmuson Foundation helped us set up a disaster relieffund with the Alaska Community Foundation, generously seeding that fund with $10,000. Through an outpouring of community support, we have raised over $100,000 in cash donations from over 500 individual donors over the last 10 weeks. This includes a $10,000 donation fiom Marathon Oil. We have also received several significant in-kind donations including: $10,000 in free radio advertising from KSRM Radio Group, a grand piano from the Kenai peninsula College and excavating services for clean-up. With the help of a $25,000 Tier 1 grant from the Rasmuson Foundation, we are working with John Conway, a Foraker consultant hired to help us plan our rebuild efforts. This grant is also paying for architectural services from K&A Design Studios, a local Kenai firm, to develop conceptual drawings and determine an estimated cost of the rebuilding of the facility. Fundraising efforts will continue over the summer with a goal of raising another $100,000 in cash donations. We have some great help from local businesses, including Kenai Catering, which is planning on holding a fundraising dinner for us. In addition to cash that the theatre has raised so far, our former landlord, North Road properties, is committed to donating over $200,000 from the insurance settlement so the theatre can build its own facility. We estimate that cost of rebuilding the theatre with the enormous rise in the cost of building materials will exceed $1,000,000. We are hoping to raise additional funds from foundations and trusts. Our goal is to submit a Tier 2 grant letter of inquiry to the Rasmuson Foundation by July 31. We will have no less than $400,000 in funds to bring to this project. A land donation from the City of Kenai for the new theatre will be critical to our request to pursue a Tier 2 grant. The Rasmuson Foundation generally funds capital projects at 50% of the total cost. They have told me that the land donation would be considered matching funds. p.o. box 322 kenai, alaska 99611 907.394.1159 www.triumviratetheatie.org hereliesdrama@hotmail.com triumvirate THEATRE s 7h, operty At your suggestion and working with Ryan Foster, we have considered four possible donated sites for the new facility in the City of Kenai. Aker careful consideration and in consultation with you, John Conway and our architect, we believe KPB Parcel No. 04501035 would best suit rhe purposes of the new theatre. This facility would require approximately 2 acres to accomodate adequate parking and the footprint of the building. Triumvriate would pay to have Parcel No. 04501035 subdivided so that we would occupy the east part of the parcel. The following information comes from Ryan Foster. Legal Description: Tract 4, Baron Park Subdivision 2012 Addition Physical Address: 450 Marathon Road Size: 6.85 acres (298,386 square feet) City Zoning: Light Industrial Land Value: $417,500 (from KPB) This parcel would likely require a subdivision of the 6.85 acres for a theater project/donation. The new Kenai Dog Park is F being constructed on this parcel and the City is amending the plat to remove the dog park from Tract 4 and add it to Tract 5. '^ z Water and sewer is adjacent to the property from Marathon Road and Daubensbeck Road. Theaters are allowed in the Light — Industrial zoning district with a conditional use permit. Advantages for the City ofKenai Theatres are economic engines for communities. Not only would Triumvirate "Iheatre patronize hardware stores and gro- cery stores in the course of our operations but our patrons will eat at local restaurants before or after shows. In addition to paying property tax, Triumvirate would also hire locals in teaching drama camps, running operations and conducting maintenance on the building. The other advantage, of course, is having rhe arts in the community and the educational opportunities for local kids. We have no doubt that being in town will increase the number of children we serve with our programs. Thank you for considering this proposal. If you need further information, please contact me on my cell at: (907) 394-1159 or by email. Joe wzzn Executive Director ACIPA triumvirate p.o. box 322 kenai, alaska 99611 901.394.1159 www.triumviratetheatre.org hereliesdrama@hotmail.com THEATRE KENA RESOLUTON 3219-2021 PROPOSED DONATION TO TRIUMVIRATE THEATRE KPB #045 01 035 APPROXIMATELY 2 ACRE PORTION OF TRACT 4, BARON PARK SUBDIVISION 2012 ADDITION K I N A 1 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 8, 2021 SUBJECT: Requested Postponement and Hold for a Second Public Hearing to July 7, 2021 for Ordinance No. 3219-2021 - Conditionally Donating a Portion of Tract 4, Baron Park Subdivision 2012 Addition to Triumvirate Theatre for the Development of a Theatre Facility. On June 2, 2021 City Council approved via consent agenda the introduction of Ordinance 3219- 2021 for a public hearing on June 16, 2021. This memorandum requests a postponement and a hold for a second public hearing to July 7, 2021. This postponement would allow for the Planning and Zoning Commission to review Ordinance 3219-2021 at their meeting on June 23, 2021 and provide a recommendation to City Council. Thank you for your consideration. KENAI ,enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 24, 2021 SUBJECT: Ordinance No. 3219-2021 - Conditionally Donating a Portion of Tract 4, Baron Park Subdivision 2012 Addition to Triumvirate Theatre for the Development of a Theatre Facility. On May 20, 2021, Joseph Rizzo, on behalf of the Triumvirate Theatre, requested consideration of a donation of approximately 2 acres to the north of Daubensbeck Park to construct a theatre facility. The Triumvirate Theatre has been looking for a new home since a February 20, 2021 fire resulted in a complete loss of their 5,000 square foot theatre facility. A donation of approximately 2 acres would require a subdivision of the approximately 6.8 acres of Tract 4, Baron Park Subdivision 2012 Addition. The parcel is zoned Light Industrial, which allows a theater with a conditional use permit, requiring submission of an application and approval by the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021. Approval of Ordinance No. 3219-2021 would authorize the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the subject property to the Triumvirate Theatre. Thank you for your consideration. Attachment A: Property search methodology. ATTACHMENT A K I N A I City of Kenai 1 210 Fidalgo Ave, Kenai. AK 99611-7794 1907.283.75351 www.6naixily MEMORANDUM TO: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: April 29, 2021 SUBJECT: Triumvirate Theatre Potential Locations The following four parcels are described as potential locations for a Triumvirate Theatre site. Any donation of City owned lands requires City Council approval. As noted below, some of the following parcels would likely require a subdivision process/approval. The criteria considered in this search included the following: a City owned parcel recommended for disposal/sale in the draft Land Management Plan a Not currently leased a General fund a 2+ acres a Zoning designation where theaters are permitted or permitted with a conditional use permit a Water and sewer lines in the vicinity of the subject parcel a Roads access the subject parcel a Lack of wetlands/buildable land likely available Theaters require a conditional use permit for all four of the following parcels (within the Suburban Residential, Light Industrial, and Rural Residential zoning districts). Theaters are defined in Kenai Municipal Code 14.20.320 as the following: "Theater means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and/or of live dramatic, speaking, musical, or other presentations:' Parking requirements for assembly with fixed seats (which includes theaters) outlined in Kenai Municipal Code 14.20.250 are one parking space per four seats in the principal assembly area, with a seat width considered to be twenty-two inches. KPB Parcel No. 04301102 Legal Description: Tract F Dena'ina Point Estates Sub Physical Address: 12751 Kenai Spur Highway Size: 2.24 acres (97,574 square feet) City Zoning: Suburban Residential (RS) Land Value: $48,800 (KPB) V Triumvirate Theatre Potential Locations A water line and sewer line is located approximately 270 feet to the north across the Kenai Spur Highway. The tract has no bluff frontage and is located approximately 140 feet from the edge of the bluff. Theaters are allowed in the Suburban Residential Zone with a conditional use permit. The Land Use Plan has this parcel classified as Mixed Use. An aerial view of the parcel is provided below. r� Triumvirate Theatre Potential Locations KPB Parcel No. 04501035 Legal Description: Tract 4, Baron Park Subdivision 2012 Addition Physical Address: 450 Marathon Road Size: 6.85 acres (298,386 square feet) City Zoning: Light Industrial Land Value: $417,500 (from KPB) This parcel would likely require a subdivision of the 6.85 acres for a theater project/donation. The new Kenai Dog Park is being constructed on this parcel and the City is amending the plat to remove the dog park from Tract 4 and add it to Tract 5. Water and sewer is adjacent to the property from Marathon Road and Daubensbeck Road. Theaters are allowed in the Light Industrial zoning districtwith a conditional use permit. The Land Use Plan has this parcel classified as Mixed Use. An aerial view of the parcel is provided below. Triumvirate Theatre Potential Locations KPB Parcel No. 03901065 Legal Description: Kenai Meadows Tract A (parent parcel 03901018) KN 2017-017 Physical Address: 2200 Redoubt Avenue Size: 72.21 acres (3,145,467 square feet) City Zoning: Rural Residential (RR) Land Value: $155,400 (KPB) This parcel would likely require a subdivision of the 77.2 acres for a theater project/donation. A water line and sewer line is located along Redoubt Avenue on the southern boundary of the subject property. Nightingale Street is a plated (but not constructed) road that runs along the eastern parcel boundary. Theaters are allowed in the Rural Residential zoning district with a conditional use permit. The Land Use Plan has this parcel classified as Suburban Residential. An aerial view of the parcel is provided below. Triumvirate Theatre Potential Locations r KPB Parcel No. 04316017 l� Legal Description: Tract A ASLS 2008-45 Physical Address: 109 North Spruce Street Size: 4.23 acres (184,259 square feet) Estimated Buildable Size: 2.45 acres (107,000 square feet) City Zoning: Suburban Residential (RS) Land Value: $66,400 (KPB) A tributary to the Kenai River with the number of 244-30-10010-2001 is to the west of the parcel. Alaska Department of Fish and Game lists this water body in its anadromous waters catalog for Coho salmon rearing, Chinook salmon rearing, and Sockeye salmon rearing. A reasonable buildable area was estimated by buffering 50 -foot from the stream as required by the Kenai Peninsula Borough and excluding identified wetlands. A water line runs along the northern border of the parcel. Water and sewer lines are also available directly southeast of the parcel. Theaters are allowed in the Suburban Residential zone with a conditional use permit. The Land Use Plan also has this parcel classified as Suburban Residential and would need a consideration of the reversion clause for the parcel to be used for a public purpose and to protect archaeological resources. A rough short driveway appears to be at the northern edge of the parcel and it is otherwise treed with wetlands at the western edge of the parcel. An aerial view of the parcel is below with the wetland and stream areas shaded and excluded from the buildable size estimate. The right-of-way and utility easements were also excluded from the southern boundary of the parcel to estimate the buildable size of the lot. The draft Land Management Plan notes the land must be used for a public purpose. The plat of this parcel shows right-of-way dedicated along the Kenai Spur Highway, a section line easement, utility easements, and a public access easement to the creek at the western boundary of the parcel. K E N A I City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: July 7, 2021 SUBJECT: Ordinance No. 3219-2021 — Request update of the legal description of the parcel requested for consideration of donation to the Triumvirate Theatre and recommendation of the Planning and Zoning Commission This memorandum provides an update of the legal description of the parcel requested for consideration of donation to the Triumvirate Theatre for construction of a theatre facility. Baron Park was replatted in December 2020, creating a new legal description for this parcel, Tract 4A, Baron Park 2020 Replat. The drafted Ordinance No. 3219-2021 utilizes the previous legal description before the dog park was carved out of the subject parcel. The title advertised is the same subject parcel and provides adequate public notice. This memorandum requests the following amendment to Ordinance No. 3219-2021. Move to amend the legal description in both the Title and Section 2 to Tract 4A, Baron Park 2020 Replat. In addition, on June 2, 2021 City Council approved a request for postponement and a hold for a second public hearing to July 7, 2021 to allow for the Planning and Zoning Commission to review Ordinance 3219-2021 at their meeting on June 23, 2021 and provide a recommendation to City Council. This memorandum requests the following amendment to Ordinance No. 3219-2021. Move to add as the sixth whereas clause; WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021; and Thank you for your consideration. F-, ___ _ VNSV"IV 'IVN3N DNINNtl d t 3tlf110311HOtltl ©% 1 3a1tl3H131V81Awnimi OVO8M3-3dSN380V0 - / ZL'94L 3.A1C105 I. 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