HomeMy WebLinkAboutResolution No. PZ2023-01KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A PERFORMING ARTS CENTER.
APPLICANT: Joe Rizzo
PROPERTY ADDRESS: 450 Marathon Road
LEGAL DESCRIPTION: Tract 4A of Baron Park 2020 Replat
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04501061
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on December 9, 2022; 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 January 18, 2023, 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 proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a theater is a conditional use; therefore, a
conditional use permit may be granted for a performing arts center.
The Light Industrial (IL) Zone is designed to provide for the development of
industrial and commercial uses which are usually compatible and which are of a
type which has no nuisance effects upon surrounding property, or which may be
controlled to prevent any nuisance effects upon surrounding property. New
residential uses and other non -industrial uses, except as otherwise provided in
this chapter, are not permitted in this zone as principal uses because it is intended
that land classified in this zone be reserved for industrial and commercial
purposes, and because the IL zone is not suited to the excluded uses.
The proposed use is permitted in the zone with an approved conditional use permit. A
performing arts center is an appropriate commercial use in the zone as it is a compatible
Resolution No. PZ2023-01
Page 2 of 4
use with the adjacent public park. The proposed number of provided parking space
exceeds the minimum parking requirements for a theater. It is not anticipated that the
proposed use will have any nuisance effects upon the surrounding properties.
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 economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. Most of the surrounding properties are city -owned
with the following surrounding uses: institutional, industrial, commercial, and recreational.
It is anticipated that most of the activities/events at the performing arts center would occur
after business hours; therefore, the proposed use would not significantly impair the
economic and noneconomic value of the adjoining properties and neighborhood as the
surrounding uses encompass a variety of land use types.
3. KMC 14.20.150(d)(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 Industrial land use classification. 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 orplanned. 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 surrounding uses are not primarily industrial but recreational and commercial. The
proposed use would be compatible with the existing uses and would not require any buffer
between surrounding uses.
As stated by the applicant, the enterprise will not only bring the arts to Kenai for both
children and adults but will add greatly to the economic development of the City of Kenai.
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: 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 forrecreational activities, conventions, festivals, arts, cultural and other
events.
Resolution No. PZ2023-01
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.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer run beneath most of the constructed loop of Daubenspeck
Road, a paved road. There are adequate public services and facilities 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: A performing arts center will not be harmful to public safety, health, or welfare.
The proposed plans show a single driveway access to the parking lot along the east
property line. The single access point reduces the interruption of the traffic flow along
Daubenspeck Road. The proposed development will provide sidewalks and lighting to the
area. The proposed use will not negatively affect the public safety, health or welfare.
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: The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as most of the activities/events will occur in the evening and the
adjacent uses are recreational. 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 Joe Rizzo for a Performing Arts Center on
approximately 2 acres of the eastern portion of the property described as Tract 4A of
Baron Park 2020 Replat, and located at 450 Marathon Road.
Section 2. That the conditional use permit is subject to the following conditions:
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. Prior to issuance of a building permit, a landscape/site plan must be reviewed and
approved by the Planning and Zoning Department.
Resolution No. PZ2023-01
Page 4 of 4
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 25T" DAY OF JANUARY, 2023.
r4)&
J AIT, CHAIRPERSON
ATTEST:
i
Meghan Thibodeau, Deputy City Clerk
7/ STAFF REPORT
�+ PLANNING & ZONING DEPARTMENT
KENAI
TO:
Planning and Zoning Commission
FROM:
Linda Mitchell, Planning Director%z
DATE: January 20, 2023
SUBJECT: Resolution No. PZ2023-01 — Conditional Use Permit — Performing Arts
Center
Request The applicant is proposing a performing arts center.
Staff Adopt Resolution PZ2023-01 approving a Conditional Use Permit for a
Recommendation performing arts center.
Applicant
Property Owner
Legal Description
Property Address
KPB Parcel No.
Lot Size
Zoning
Current Use
Land Use Plan
SUMMARY
Joe Rizzo
City of Kenai
Tract 4A of Baron Park 2020 Replat
450 Marathon Road
04501061
Approximately 2 Acres of the 5.844 Acres Lot
Light Industrial (IL)
Vacant
Industrial
The applicant has requested a conditional use permit for a performing arts center with an audience
of up to 150 people. The proposed use will be on approximately 2 acres of the eastern portion of
the city -owned parcel. The subject parcel is vacant.
The proposed plans would be to construct a 2-story building with an approximate gross floor area
of 7,726 square feet. The overall building is a modern design with multiple asymmetrical single -
plane roofs. The exterior materials would consist of pre -finished metal siding, composite panel
system, aluminum windows, and a standing seam metal roof. The approximate number of
provided parking spaces is 63, where a minimum of 40 parking spaces is required. A single
driveway access would be provided along the east property line.
City Council enacted Ordinance No. 3219-2021 to conditionally donate the approximate 2-acre
parcel for a performing arts center with stipulations that have been extended for completion of
improvements under Ordinance No. 3314-2022. One of the stipulations require a preliminary plat
to subdivide the parcel.
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 proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a theater is a conditional use, therefore, a
conditional use permit may be granted for a performing arts center.
The Light Industrial (IL) Zone is designed to provide for the development of
industrial and commercial uses which are usually compatible and which are
of a type which has no nuisance effects upon surrounding property, or
which may be controlled to prevent any nuisance effects upon surrounding
property. New residential uses and other non -industrial uses, except as
otherwise provided in this chapter, are not permitted in this zone as
principal uses because it is intended that land classified in this zone be
reserved for industrial and commercial purposes, and because the IL zone
is not suited to the excluded uses.
The proposed use is permitted in the zone with an approved conditional use permit. A
performing arts center is an appropriate commercial use in the zone as it is a compatible
use with the adjacent public park. The proposed number of provided parking space
exceeds the minimum parking requirements for a theater. It is not anticipated that the
proposed use will have any nuisance effects upon the surrounding properties.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. Most of the surrounding properties are city -owned
with the following surrounding uses: institutional, industrial, commercial, and recreational.
It is anticipated that most of the activities/events at the performing arts center would occur
after business hours; therefore, the proposed use would not significantly impair the
economic and noneconomic value of the adjoining properties and neighborhood as the
surrounding uses encompass a variety of land use types.
Page 2 of 4
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016
RELEVENT GOALS
Comprehensive Plan, identifies the subject property
with the Industrial land use classification. The Industrial
In Imagine Kenai 2030
Land Use Classification is defined in the
Comprehensive Plan, Chapter
Comprehensive Plan:
6, "Goals, Objectives, and
Implementation", several goals
Industrial is intended for a variety of light and
and objectives are met from the
heavy industrial uses such as: warehousing,
proposed use.
trucking, packaging, distribution, production,
manufacturing, processing, marine -related
Goal 1 — Quality of Life is to
industry and storage, and similar industrial
promote and encourage quality of
activities. Public water and sewer; utilities, and
life in Kenai.
safe, convenient vehicular access are required or
planned. Because uses generate noise, odors
Objective Q 1
Establish siting and design
and emissions typically at a higher level than
standards so that development is
other land uses, measures should be taken to
in harmony and scale with
minimize conflicts with adjacent non -industrial
surrounding uses.
uses. Buffers between industrial uses and
adjacent non -industrial uses are desirable.
Goal 2 — Economic Development is
to provide economic development
The surrounding uses are not primarily industrial but
to support the fiscal health of
recreational and commercial. The proposed use would
Kenai.
be compatible with the existing uses and would not
require any buffer between surrounding uses.
Objective ED-9
Capitalize on the tourism industry
As stated b the applicant, the enterprise will not only
Y PP P Y
by marketing Kenai as a
destination for recreational
bring the arts to Kenai for both children and adults but
activities, conventions, festivals,
will add greatly to the economic development of the
arts, cultural and other events.
City of Kenai.
Goal 3 — Land Use is to develop
land use strategies to implement a
forward -looking approach to
community growth and
development.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: City water and sewer run beneath most of the constructed loop of
Daubenspeck Road, a paved road. There are adequate public services and facilities to
serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: A performing arts center will not be harmful to public safety, health, or welfare.
The proposed plans show a single driveway access to the parking lot along the east
property line. The single access point reduces the interruption of the traffic flow along
Daubenspeck Road. The proposed development will provide sidewalks and lighting to the
area. The proposed use will not negatively affect the public safety, health or welfare.
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. The proposed use is not anticipated to have any adverse impacts on the
surrounding properties as most of the activities/events will occur in the evening and the
adjacent uses are recreational. 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.
STAFF RECOMMENDATION
Staff finds that the proposed use 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 PZ2023-01 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. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Prior to issuance of a building permit, a landscape/site plan must be reviewed and
approved by the Planning and Zoning Department.
ATTACHMENTS
Aerial Map
Application
Plans
Page 4 of 4
KENAI
Resolution PZ2023-01
Conditional Use Permit
450 Marathon Road
KPB Parcel ID: 04501061
N Map for Reference Only
NOT A LEGAL DOCUMENT
A
250 500 1,000 Feet
City of Kenai
•
Planning end Zoning Department
Conditional Use Permit
210 Fidalgo Avcnue
Kenai. AK 99611
�. Application
(W) 263-8200
planning@kenaixity
Www.kenawity/planning
Name: City of Kenai
Mailing Address:
210 Fidalgo Ave
City:
Kenai
State:
I Alaska
JZIp Code:
199611
Phone Number(s):
Email:
Name:
Alaska Children's Institute for the Performing Arts
Mailing Address:
PO Box 322
City:
Kenai
State:
I Alaska
JZIp Code:
199611
Phone Number(s):
(907) 394-1159
Email:
hereliesdrama@hotmail.com
INFORMATION
Kenai Peninsula Borough Parcel # (Property Tax ID): 104501061
Physical Address:
Legal Description:
Track 4A Baron Park 2020 Replatt
Zoning:
Acres:
CONDITIONAL USE DESCRIPTION
site plan/floor plan with square footages)
(include(include
State Business License and KPB Tax Compliance if applicable)
How is this property currently being used? Vacant Lot
Conditional Use Requested for (attach additional sheets if necessary):
The erecting of a performing arts center.
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
This commercial building will be consistent with surrounding buildings that are also used for commercial
use. No residential homes are in this area:
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
The theater will not impair adjoining properties because the majority of use of this performing arts center
will be after business -tours: Additionally, adequate -parking is included -in thedesign of this -building and --
property.
Use of surrounding property - north:
Use of surrounding property - south:
Use of surrounding property - east:
Use of surrounding property - west:
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
Part of the City's comprehensive plan is to develop the arts. This enterprise will not only bring the arts to Kenai
for both children and adults but will add greatly to the economic development of the City of Kenai.
Performances, children's programs, etc will bring many people to Kenai who in turn will patronize restaurants,
stores, etc.
Are public services and facilities on the property adequate to serve the proposed conditional use?
Yes.
Explain how the conditional use will not be harmful to public safety, health, or welfare:
This facility will have adequate parking so there will be no need for patrons to park on the roadway.
Additionally, the design will be ADA compliant and have exterior sidewalks, lighting, etc.
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?
Since the majority of the use of this facility (audiences attending plays and other arts events) occur in the
evenings, that will certainly lessen the potential impact of operations impacting neighbors.
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I 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:
y' ', �- i
Date:
11,10s
Print Name:
Title/Business:
For City Use Only Date Application Fee Received: i2./9/z2-
PZ Resolution Number:
Triumvirate Theatre Date: 7.27.2021
Conceptual Design Narrative and Code Information
General Description:
The proposed Triumvirate Theatre is designed to house live performing events with an audience up to one
hundred and fifty people. The Triumvirate Theatre group has worked with the city of Kenai to secure roughly 2
acres of land in the middle of the city adjacent to a city owned park in the commercial district.
Site Information:
The site is located near the intersection of Marathon Road and Daubenspeck Road. The lot is currently
undeveloped, native ground and relatively flat in topography. We expect three feet of organics will need to be
removed and replaced with NFS fill at all building and parking locations. The roughly two acre lot can
accommodate 63 parking spaces as well as a loading zone for the theatre. Daubenspeck Road is paved and
has water, sewer, power and telephone located in the right of way.
Foundation:
The building will be founded on a concrete thickened edge footing system with a 4" concrete slab on grade
throughout the building. Where needed, spread footings shall be provided for interior steel columns.
Exterior Wall Construction:
The exterior walls shall be dimensional wood framing at 6 inches and 8 inches, filled with minimum R-21
continuous batt insulation. Vapor barrier and 5/8" gypsum wall board will be installed on the interior side.
Exterior side of the wall will consist of 5/8" sheathing, weather barrier and pre -finished metal siding. At some
areas a composite panel system will be used to highlight public areas.
Roof Construction:
Pre -fabricated wood trusses shall be utilized to span the exterior walls and 5/8" plywood sheathing shall provide
shear for the roof system. The plywood will be protected with ice and water shield, then covered by a pre -
finished, standing seam metal roof.
Doors and Windows:
All windows shall be 4 inch or 6 inch aluminum windows, with glazed 1-inch, insulated glass units. Exterior doors
shall be insulated steel doors, galvanized and custom painted. Interior doors, fire -rated or non -fire -rated doors
will be solid core wood doors with wood veneer faces. All door frames will be hollow metal, painted.
Interior Finishes:
• Flooring — Carpet tile: 24" x 24" in theater, offices, lobby hallways and balcony areas.
• Concrete — Polished concrete in bathrooms and sealed concrete in accessory spaces.
• Paint — Gypsum wall board — No VOC Latex paint. Metal — Acrylic Direct to Metal. Wood — Clear Acrylic
• Ceilings —The majority of the ceilings shall be suspended ceiling tile. Linear wood ceilings shall be used
in limited public locations as design elements.
Theatre Design:
The theatre interior shall have appropriate lighting, acoustics and sound system throughout. Special care will be
used when designing each system to account for live performances as well as motion pictures. The theatre
floor shall be a gentle sloping floor to the stage allowing for good sight lines between fixed seats. The stage will
be made supported by wood framing, sheeted and painted black.
K+A designstudios
Architecture + Planning
WMRA-DESIGNSTUDIOS.COM 1
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Triumvirate Theatre
Conceptual Design Narrative and Code Information
Date: 7.27.2021
Mechanical Systems:
The heating and cooling systems will be provided from ground mounted HVAC units through routed through the
plenum space in the building. The building will also have a boiler system to provide additional heat to the
building through cabinet unit heaters and baseboard heat. The boiler will also provide heat to hot water and the
public sidewalks.
Fire Prevention:
The building will be equipped with an automatic fire suppression system as well as a manual fire alarm. The
building is adjacent to a city water main, which will be tied into for fire water.
Electrical Systems:
The theatre will have access to 3-phase power form the adjacent street which will feed the air -handlers and
theatre required lighting and sound. We look forward to working with a lighting and sound specialist to design
these systems. The general area lighting and support spaces will be designed by the electrical engineer. Site
lighting will be provided by light poles throughout the parking lot.
2012 International Building Code Information:
Construction Type: V-B
Occupancy Type: A-2
Building Area: Story 1: 6,590 S.F.
Story 2: 1.136 S.F.
Total Area: 7,726 S.F.
Building Height: 2 stories under 40 feet tail
Sprinkler System: Provided
Manual Fire Alarm System: Provided
K+A designstudios
Architecture + Planning
NMM.KA-DESIGNSTUDIOS.COM
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