HomeMy WebLinkAboutResolution No. PZ2022-14 ")C
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NC. 2022-14
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANT/BREWERY.
APPLICANT: Will J. Jahrig
PROPERTY ADDRESS: 992 Bridge Access Rd
LEGAL DESCRIPTION: Lot 3, Kristine Subdivision No. I
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04901135
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on May 31, 2022; and,
WHEREAS, the applicant has demonstrated with plans and other documents 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 June 22, 2022, 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(e)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district,°
Critera Met: The proposed restaurant/brewery meets the intent of the Heavy Industrial (IH)
Zone to allow for a broad range of industrial and commercial uses. It is intended to apply
to industrial areas which are sufficiently isolated from residential and commercial areas to
avoid any nuisance effect.
A restaurant/brewery is consistent with the intent of the Heavy Industrial District by
providing both an industrial and commercial use in a location that will not disturb
neighboring residential or commercial uses. Frequent vehicle trips generated by a
restaurant/brewery is consistent with a Heavy Industrial zoning district.
The Land Use Table provides that a Restaurant is a conditional use; therefore, a
conditional use permit must be granted for the operation of a restaurant/brewery. The
applicant has provided a site plan that provides the layout of the premises.
Resolution No. PZ2022-14
Page 2 of 4
2. KMC 14.20.150(e)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired,
Criteria Met. The parcel located to the north is leased for boat storage. The parcel to the
south is a commercial cannery not in use. The parcel to the east is a vacant lot and the
river is located to the west. All adjacent properties are zoned Heavy Industrial, The
economic and noneconomic value of adjacent properties should not be significantly
impacted by the restaurant/brewery use. New construction, in this case for commercial
activities, typically results in an increase of neighboring property values.
1 KMC 14,20.150(e)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes an
Industrial land use for this neighborhood. The Industrial Land Use Classification is defined
in the Comprehensive Plan:
"Industrial is intended for a variety of light and heavy industrial uses such as: warehousing,
trucking, packaging, distribution, production, manufacturing, processing, marine-related
industry and storage, and similar industrial activities. Public water and sewer; utilities; and
safe, convenient vehicular access are required or planned. Because uses generate noise,
odors and emissions typically at a higher level than other land uses, measures should be
taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial
uses and adjacent non-industrial uses are desirable."
The subject parcel has similar land use, lot size and orientation, City water and wastewater
connections, as neighboring properties. With the introduction and rapid growth of craft
breweries in recent years, many restaurant/breweries have been established in industrial
areas to accommodate the industrial characteristics of the brewing process.
The Comprehensive Plan has goals to support businesses and economic development
and to provide a high quality of life within the City. Below are specific goals/objectives from
the Comprehensive Plan that support this CUP application:
Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.
Q-4 Promote the siting and design of land uses that are in harmony and scale with
surrounding uses. The restaurant/brewery operations would be in harmony with the site
design and layout of the Heavy Industrial Zoning District.
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai.
ECG-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventiions, festivals, arts, cultural and other events.
4. KMC 14,2,0.150(e)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The subject property is currently accessed via Bridge Access Road, a paved,
City maintained road. The proposed access to the restaurant/brewery, upon approval of
the Kristine Subdivision Jahrig Addition is from Childs Avenue, a gravel road, not
maintained by the City. Improvements to Childs Avenue may be necessary to provide
Resolution No. PZ2022-14
Page 3 of 4
access to the proposed restaurant/brewery, City water and sewer is located adjacent to
the subject property along Bridge Access Road. The property has access to electricity,
gas,, and telephone services. There are recommended conditions with requirements
related to public services and facilities:
4. Prior to beginning any construction, the City of Kenai Public Works Department will
need to be consulted on any potential or required improvements to Childs Avenue. This
condition access to the restaurant/brewery is adequate.
5, KINK 14,150(e)(5) The proposed use will not be harmful to the public safety, health or
welfare,-
Criteria Met: The use of a restaurant/brewery will not be harmful to public safety, health,
or welfare. Staff believes that services are available to adequately serve this use. There
are recommended conditions with requirements related to public safety, health, and
welfare:
2. Prior to starting any business operations, a landscape/site plan must be reviewed and
approved by the Planning Director, This condition ensures site plan and landscaping
requirements are met for a commercial business, including for vehicle parking.
6. KMC 14,150(e)(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 as set forth below,
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 Will J. Jahrig for a Restaurant/Brewery for
property described as Lot 3, Kristine Subdivision No. 1, and located at 992 Bridge
Access Road,
Section 2. That the conditional use permit is subject to the following conditions!
1.. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to starting any business operations, a landscape/site plan must be reviewed and
approved by the Planning Director.
3. Prior to beginning any construction, a building permit must be issued by the Building
Official for the City of Kenai.
4. Prior to beginningany construction, the City of Kenai Public Works Department will need
to be consulted on any potential or required improvements to Childs Avenue.
5. A yearly Conditional Use Permit report must be submitted to,the City of Kenai prior to the
315t day of December of each year.
Resolution No, PZ2022-14
Page 4 of 4
& The applicant will meet with City staff for on-site inspections when requested.
7. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
PASSED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 22nd day of June, 2022.
JL-F11FjWAIT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
U11111
KE A
N I
City of Kenai 210 Fidalgo Ave, Kenai,AK 99611-7794 1907.282,.75351 wwwlenai.city
ST'AFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: June 17, 2022
SUBJECT: PZ2022-14 — Conditional Use Permit— Restaurant/Brewery
Applicant: Will J. Jahrig
P. 0. Box 51
Kenai, AK 99611
Legal Description: Lot 3, Kristine Subdivision No. 1
Property Address: 992 Bridge Access Rd
KPB Parcel No: 04901135
Lot Size: Approximately 8.34 acres (363,290 square feet)
Existing Zoning: Heavy Industrial
Current Land Use: Vacant Commercial
Land Use Plan: Industrial
GENERAL NFORMATION
...............
The applicant, Will Jahrig, has submitted a conditional use permit application for a
restaurant/brewery at 992 Bridge Access Road.
Restaurants are listed as a conditional use within the Heavy Industrial zone in Kenai Municipal
Code 14.22.010, Land Use Table. KMC 14.20.320 Definitions, defines restaurant, "means an
establishment where food and drink is prepared, served, and consumed primarily within the
principal building," There are no definitions related to breweries or any other alcohol related
uses in KMC 14. Staff believes "restaurant" is the best possible fit for a restaurant/brewery land
use in the City of Kenai, An update of the code should be considered to include breweries and
distilleries.
Application, Pub,licNofte, Public Comment
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 Penil7sula Clarion. The applicant
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use request.
ANALYSIS
Kenai Municipal,Code 14.20.150(e)— Review Criteria for Conditional Use Permits
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. KMC 14.20,150(e)-Conditional Use Permits Review Criteria states six
conditions that the Planning and Zoning Commission must deem to exist when establishing
findings prior to issuing a conditional use permit:
Criteria # 1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Applicant Response: Developing the property as a brewery is a new business to Kenai
that would strengthen economic vitality of Kenai and surrounding areas and is consistent
with future commercial, opportunities for the riverfront property identified in the recent
waterfront development studies.
Staff Response: The proposed restaurant/brewery meets the intent of the Heavy Industrial
(IH) Zone to allow for a broad range of industrial and commercial uses. It is intended to
apply to industrial areas which are sufficiently isolated from residential and commercial
areas to avoid any nuisance effect.
A restaurant/brewery is consistent with the intent of the Heavy Industrial District by
providing both an industrial and commercial use in a location that will not disturb
neighboring residential or commercial uses. Frequent vehicle trips generated by a
restaurant/brewery is consistent with a Heavy Industrial zoning district.
The Land Use Table provides that a Restaurant is a conditional use; therefore, a
conditional use permit must be granted for the operation of a restaurant/brewery. The
applicant has provided a site plan that provides the layout of the premises.
Criteria #2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Applicant Response: All adjoining properties are not in use or utilized as boat storage.
Staff Response: The parcel located to the north is leased for boat storage. The parcel to
the south is a commercial cannery not in uise. The parcel to the east is a vacant lot and
the river is located to the west. All adjacent properties are zoned Heavy Industrial. The
economic and noneconomic value of adjacent properties should not be significantly
Page 2 of 5
'000 Tke City of Kenai I www.kenai.city
impacted by the restaurant/brewery use. New construction, in this case for commercial
activities, typically results in an increase of neighboring property values.
Criteria#3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: A brewery was consistently identified as a valued and highly
requested business in the recent Kenai Waterfront and Revitalization study,
Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes an
Industrial land use for this neighborhood. The Industrial Land Use Classification is defined
in the Comprehensive Plan:
"Industrial is intended for a variety of light and heavy industrial uses such as: warehousing,
trucking, packaging, distribution, production, manufacturing, processing, marine-related
industry and storage, and similar industrial activities. Public water and sewer- utilities; and
safe, convenient vehicular access are required or planned. Because uses generate noise,
odors and emissions typically at a higher level than other land uses, measures should be
taken to minimize conflicts with adjacent non-industrial uses. Buffers between, industrial
uses and adjacent non-industrial uses are desirable,"
The subject parcel has similar land use, lot size and orientation, City water and wastewater
connections, as neighboring properties. With the introduction and rapid growth of craft
breweries in recent years, many restaurant/breweries have been established in industrial
areas to accommodate the industrial characteristics of the brewing process,
The Comprehensive Plan has goals to support businesses and economic development
and to provide a high quality of life within the City. Below are specific goals/objectives from
the Comprehensive Plan that support this CUP application:
Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.
Q-4 Promote the siting and design of land uses that are in harmony and scale with
surrounding uses. The restaurant1brewery operations would be in harmony with
the site design and layout of the Heavy Industrial Zoning District.
Goal 2 of the Comprehensive Plan, is to provide economic development to support the
fiscal health of Kenai.
ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: Building design, and landscaping plans are currently being prepared.
Staff Response: The subject property is currently accessed via Bridge Access Road, a
paved, City maintained road. The proposed access to the restaurant/brewery, upon
approval of the Kristine Subdivision Jahrig Addition is from Childs Avenue, a gravel road,
not maintained by the City. Improvements to Childs Avenue may be necessary to provide
access to the proposed restaurant/brewery. City water and sewer is located adjacent to
the subject property along Bridge Access Road. The property has access to electricity,
Page 3 of 5
The City of Kenai I www1enai.city
gas, and telephone services. There are recommended conditions with requirements
related to public services and facilities:
4. Prior to beginning any construction, the City of Kenai Public Works Department
will need to be consulted on any potential or required improvements to Childs
Avenue. This condition access to the restaurant/brewery is adequate.
Criteria#5: The proposed use will not be harmful to the public safety, health or welfare.
Applicant Response: Brewery must comply with current Alcoholic Beverage Control Board
regulations.
Staff Response: The use of a restaurant/brewery will not be harmful to public safety,
health, or welfare. Staff believes that services are available to adequately serve this use.
There are recommended conditions with requirements related to public safety, health,
and welfare:
2. Prior to starting any business operations, a landscape/site plan must be
reviewed and approved by the Planning Director. This condition ensures site plan
and landscaping requirements are met for a commercial business, including for
vehicle parking.
Criteria# 6: Specific conditions deemed necessary.
Applicant Response: This section of Bridge Access Road is primarily used for
commercial industry and access to the property will be from Childs Ave, lessening
impact from Bridge Access Rd,
Staff Response: See Conditions of Approval as set forth below,
RECOMMENDATIONS
City staff find that the applicant 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 approve the Conditional Use Permit
application, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to starting any business operations, a landscape/site plan must be reviewed and
approved by the Planning Director.
I Prior to beginning any construction, a building permit must be issued by the Building
Official for the City of Kenai.
4. Prior to beginning any construction, the City of Kenai Public Works Department will need
to be consulted on any potential or required improvements to Childs Avenue,
5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31s' day of December of each year.
Page 4 of 5
Tke City of Kenai I wwwkenaixity
6. The applicant will meet with City staff for on-site inspections when requested.
7. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year,
ATTACHMENTS
A. Application
B. Site Plan
C. Aerial Map
Page 5 of 5
Tke City of Kenai www.kenai.city
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l�:enai Peninsula Saraugh Pagel# (property fax Ili):
Legal I�escrtptionr Kt 2Q2Ctti4� Kristine Sub Lal 3, (see proposed r+�-plat troop a�ka�ed, in progress} �.
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How is this property currently being use loped
Conditional Use Requested for(attach additional sheets if necessary):
Commercial Brewery
Explain how the conditional use is consistent with purposes—and intent of the zoning district of the property: -7
Developing the property as a brewery is a new business to Kenai that would strengthen economic vitality
of Kenai and surrounding areas and is consistent with future commercial opportunities for the riverfront
property identified in the recent waterfront development studies.
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
All adjoining properties are not in use or,utilizedas boat storage. See below.
Use of surrounding property- north: This property is leased for boat storage.
Use of surrounding property-south: This property has 3 large commercial cannery buildings not is use,
Use of surrounding property-east: Property is one acre a undeveloped land on Bridge Access Fed.
Use of surrounding property-west:� Diver front property.
Explain how the conditional use is in harmony with the City°s Comprehensive Plan:
A 'brewery was consistently identied as a valued and highly requested business in the recent Kenai
Waterfront and Devitalization study
Are public services and facilities on the property adequate to serve the proposed conditional use`?
Building design and landscaping plans are currently being prepared. ....,.. .. „
Explain how the conditional use will not be harmful to public safety, health, or welfare:
Brewery must comply with current Alcoholic Beverage Control Board regulations.
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"
This section of Bridge Access Road' is primarily used for commercial industry and access to the property
will be from Childs Ave, lessening impact from Bridge Access Rd.
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (l am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission for administrative reasons. I understand that a site visit may be required to process this application.
City of Kenai personnel are authorized to access the above-referenced' property for the purpose of processing this
application.
Signature: , Cate: , "I .
Print game: � � Titleffiusiness: ,,,I� .�
For City Use Only Date Application Fee Received:
PZ Resolution Number:
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