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HomeMy WebLinkAboutResolution No. PZ2024-04CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-04 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT TO ALLOW THE USE OF ON -STREET PARKING SPACES ALONG DAUBENSPECK ROAD TO MEET THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR THE PERFORMING ARTS CENTER (PZ2023-01). APPLICANT: K+A Designstudios, c/o Chris Parker PROPERTY OWNER: Alaska Children's Institute for the Performing Arts, Inc. PROPERTY ADDRESS: 475 Daubenspeck Road LEGAL DESCRIPTION: Tract 4A-2, Baron Park Triumvirate Addition KENAI PENINSULA BOROUGH PARCEL NUMBER: 04501064 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on February 6, 2024; 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 February 21, 2024, 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, specifically, KMC 14.20.250 Off-street parking and loading requirement. Under the provision of KMC 14.20.250, it states certain conditions must be met in order to allow the use of public parking lot to be counted towards the minimum off-street parking requirement, which is analyzed in detailed under Criteria 6. The following table shows the required parking for a theater use. Resolution No. PZ2024-04 Page 2 of 5 INSTITUTIONS, PUBLIC USES/COMMERCIAL Assembly with fixed seats: Auditoriums, churches, funeral chapels, sports arena and theaters MINIMUM NUMBER OF PARKING SPACES REQUIRED One (1) per four (4) seats in the principal assembly area. The width of a seat or a bench or pew shall be considered twentv-two inches (22"). The overall fixed seat count is 194, which requires a minimum of 48 off-street parking spaces for a theater use. A CUP (PZ2023-01) was grant for a performing arts center in the subject zoning district. This request for a CUP amendment seeks to accommodate the site layout change and use existing on -street parking spaces to meet the minimum off-street parking requirements, which is allowed if certain conditions are met (see Criteria 6 for details). As stated by the applicant, the request would be compatible with the surrounding area with minimal impact, especially during peak business hours. The surrounding properties currently have abundant parking for their own use and would not be significantly impacted with the theatre. 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. Staff finds the proposed use would improve the economic and noneconomic value of the adjoining property and neighborhood. As noted by the applicants, there are a surplus of existing parking spaces and the peak time of the theatre would occur during the evening and weekends when the least amount of impact will be felt by surrounding properties/uses. 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 (IN) land use classification. The IN 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. Resolution No. PZ2024-04 Page 3 of 5 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 ability to share parking between adjoining properties is a vital component that helps this project stay within the budget and will ultimately allow for a new children's theatre to be built in the City of Kenai, which is in harmony with the City's comprehensive plan and will add greatly to the economic growth 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 expansion. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Ob+ective 0-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 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 City -maintained road. The on -street parking spaces are existing and it is maintained by the city. 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: The approved CUP for the performing arts center had a single driveway access to the parking along the east property line. The proposed plans show two (2) driveway accesses along the east property line along Daubenspeck Road. The additional access point will allow a continuous flow of traffic through the on -site parking lot. The on -street parking spaces have been used by surrounding uses for over a decade. Staff finds the proposed use of the on -street parking spaces would not adversely impact 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. Resolution No. PZ2024-04 Page 4 of 5 Findin s: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section 14.20.250(b)(6) Exception to this Section [off-street parking] -Public Parking Lots that must be met prior to the issuance of a CUP use of a public parking lot (i.e., on -street parking spaces). Condition A: The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use within one (1) year of the time of issuance of the conditional use permit Findings: At least 30 on -street parking spaces are within ±300 feet of the subject property. Staff finds that is within reasonable distance of the use since it is consistent with the corresponding code section, which states the use of public parking lots to meet the off-street parking requirements should be within 300 feet of an existing or planned public lots. Condition B: The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot. Findings: Staff consulted with the City Attorney and this provision applies to the construction of a new public parking lot. Therefore, this provision is not applicable as the on -street parking is existing. Condition C: The public parking lot has or will have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of the lot. The Commission shall use the off- street parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. Findings: There are 37 on -street parking spaces and the performing arts center needs a minimum of 30 on -street parking spaces to meet the minimum off-street parking requirement. The farthest on -street parking space along Daubenspeck Road is approximately 370 feet from the subject property. Staff finds that all of the on -street parking spaces along Daubenspeck Road are within a reasonable distance from the subject property and can. accommodate the performing arts center as well as surrounding uses. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That an amendment to the conditional use permit (CUP) is granted for the use of on - street parking spaces along Daubenspeck Road to meet the minimum off-street parking requirements for the performing arts center (PZ2023-01) on a property described as Tract 4A-2, Baron Park Triumvirate Addition, located at 475 Daubenspeck Road. Resolution No. PZ2024-04 Page 5 of 5 Section 2. That the amendment to the conditional use permit is subject to the original conditions in the CUP (Resolution No. PZ2023-01). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 28TH DAY OF FEBRUARY, 2024. JO AD, CHAIR PSON ATTEST: Meghan Thibodeau, Deputy City Clerk 7/ STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: February 23, 2024 SUBJECT: Resolution PZ2024-04 — Conditional Use Permit Amendment to Allow the Use of On -Street Parking Spaces to Meet the Off -Street Parking Requirements for the Performing Arts Center (PZ2023-01) Request The applicant is requesting to use the on -street parking spaces along Daubenspeck Road to count towards the off-street parking requirements. Staff Adopt Resolution PZ2024-04 approving an amendment to Conditional Recommendation Use Permit for the use of on -street parking spaces along Daubenspeck Road to meet the minimum off-street parking requirements for the performing arts theater (PZ2023-01). Applicant K+A Designstudios c/o Chris Parker Property Owner Alaska Children's Institute for the Performing Arts, Inc. Legal Description Tract 4A-2, Baron Park Triumvirate Addition Property Address 475 Daubenspeck Road KPB Parcel ID 04501064 Lot Size (acreage) 1.91 Zoning Light Industrial (IL) Current Use Vacant (Approved for a Performing Arts Center, PZ2023-01) Land Use Plan Industrial (� SUMMARY The Planning and Zoning Commission granted a Conditional Use Permit (PZ2023-01) for a performing arts center located at Tract 4A of Baron Park 2020 Replat (now, Tract 4A-2, Baron Park Triumvirate Addition) on January 25, 2023. The applicant is requesting a conditional use permit (CUP) amendment to authorize the use of on -street parking spaces to meet the minimum off-street parking requirements. Due to the high-water table on the subject property, the cost of construction of the original design would exponentially exceed the budget. Several design revisions have been considered, which resulted in a reduced gross floor area and off-street parking lot. The original proposed building was 7,726 square feet with 63 off-street parking spaces. The current building design will have a total square footage of 6,312 and 18 off-street parking spaces. In the new design, a total of 194 fixed seats are proposed, which would require a minimum of 48 off-street parking spaces for the performing arts center. Therefore, there is a parking space deficient of 30 parking spaces. Pursuant to Kenai Municipal Code 14.20.250(b)(6) Exception to this Section [off-street parking] - Public Parking, states that a use located within three hundred feet (300') of an existing or planned public lots may be use to meet the off-street parking requirements. The applicant has provided a site plan showing the existing on -street parking spaces along Daubenspeck Road, which shows there is a total of 37 on -street parking spaces, which 30 of those spaces are within 300 feet of the subject property. ANALYSIS Pursuant to Kenai Municipal Code (KMC) 14.20.150(a), the intent of a conditional use permit (CUP) 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 or amendment, 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. The proposed use is consistent with the purpose of the Kenai Zoning Code, specifically, KMC 14.20.250 Off-street parking and loading requirement. Under the provision of KMC 14.20.250, it states certain conditions must be met in order to allow the use of public parking lot to be counted towards the minimum off-street parking requirement, which is analyzed in detailed under Criteria 6. The following table shows the required parking for a theater use. INSTITUTIONS, PUBLIC USEWCOMMERCIAL Assembly with fixed seats: Auditoriums, churches, funeral chapels, sports arena and theaters MINIMUM NUMBER OF PARKING SPACES REQUIRED One (1 per four (4) seats in the principal assembly area. The width of a seat or a bench or pew shall be considered twentv-two inches (22"). The overall fixed seat count is 194, which requires a minimum of 48 off-street parking spaces for a theater use. Resolution PZ2024-04 Conditional Use Permit Amendment Performing Arts Center— On -Street Parking Page 2 of 6 A CUP (PZ2023-01) was grant for a performing arts center in the subject zoning district. This request for a CUP amendment seeks to accommodate the site layout change and use existing on -street parking spaces to meet the minimum off-street parking requirements, which is allowed if certain conditions are met (see Criteria 6 for details). As stated by the applicant, the request would be compatible with the surrounding area with minimal impact, especially during peak business hours. The surrounding properties currently have abundant parking for their own use and would not be significantly impacted with the theatre. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. 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. Staff finds the proposed use would improve the economic and noneconomic value of the adjoining property and neighborhood. As noted by the applicants, there are a surplus of existing parking spaces and the peak time of the theatre would occur during the evening and weekends when the least amount of impact will be felt by surrounding properties/uses. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. FindinQz The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Industrial (IN) land use classification. The IN 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 vehicularaccess 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 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 ability to share parking between adjoining properties is a vital component that helps this project stay within the budget and will ultimately allow for a new children's theatre to be built in the City of Kenai, which is in harmony with the City's comprehensive plan and will add greatly to the economic growth of the City of Kenai. Resolution PZ2024-04 Conditional Use Permit Amendment Performing Arts Center — On -Street Parking Page 3 of 6 RELEVENT° In imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 - Quality of Life is to promote and encourage quality of life in Kenai. Obiective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Obtective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 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 City -maintained road. The on -street parking spaces are existing and it is maintained by the city. 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: The approved CUP for the performing arts center had a single driveway access to the parking along the east property line. The proposed plans show two (2) driveway accesses along the east property line along Daubenspeck Road. The additional access point will allow a continuous flow of traffic through the on -site parking lot. The on -street parking spaces have been used by surrounding uses for over a decade. Staff finds the proposed use of the on -street parking spaces would not adversely impact the public safety, health or welfare. 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. Findingb. No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. In addition to the above criteria for a CUP, specific conditions are outlined in KMC Section 14.20.250(b)(6) Exception to this Section [off-street parking] -Public Parking Lots that must be met prior to the issuance of a CUP use of a public parking lot (i.e., on -street parking spaces). Condition A: The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use within one (1) year of the time of issuance of the conditional use permit Resolution PZ2024-04 Conditional Use Permit Amendment Performing Arts Center — On -Street Parking Page 4 of 6 Findings At least 30 on -street parking spaces are within ±300 feet of the subject property. Staff finds that is within reasonable distance of the use since it is consistent with the corresponding code section, which states the use of public parking lots to meet the off-street parking requirements should be within 300 feet of an existing or planned public lots. Condition B: The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot. Findings: Staff consulted with the City Attorney and this provision applies to the construction of a new public parking lot. Therefore, this provision is not applicable as the on -street parking is existing. Condition C. The public parking lot has or will have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of the lot. The Commission shall use the off-street parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. There are 37 on -street parking spaces and the performing arts center needs a minimum of 30 on -street parking spaces to meet the minimum off-street parking requirement. The farthest on -street parking space along Daubenspeck Road is approximately 370 feet from the subject property. Staff finds that all of the on -street parking spaces along Daubenspeck Road are within a reasonable distance from the subject property and can accommodate the performing arts center as well as surrounding uses. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use amendment 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 at least seven (7) days prior to the date of the hearing. 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 amendment request. No public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed conditional use permit (CUP) amendment to use on -street parking spaces along Daubenspeck Road to meet the minimum off-street parking requirements for the performing arts center (PZ2023-01) on a property described Tract 4A-2, Baron Park Triumvirate Addition, located at 475 Daubenspeck Road meets the criteria and conditions for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code (KMC) 14.20.150 and subsection (b)(6) of KMC 14.20.250, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2024-04 approving the amendment to the Conditional Use Permit, subject to the original conditions in CUP (Resolution PZ2023-01). Resolution PZ2024-04 Conditional Use Permit Amendment Performing Arts Center — On -Street Parking Page 5 of 6 ATTACHMENTS Aerial Map Application Plans Resolution PZ2023-01 Resolution PZ2024-04 Conditional Use Permit Amendment Performing Arts Center — On -Street Parking Page 6 of 6 PZ2024-04 -Conditional Use Permit � Amendment - On -Street Parking for Performing Arts Center (PZ2023-01) KENAI 475 Daubenspeck Road KPB Parcel ID: 04501064 b DAU �[.RD t r. . "ro LF �� r c; rs� r Light;.lnslr,str,tfl Subject Parcel Source: Esri, Maxarr, Earti Parcels Date Printed: 2/23/2024 N Map for Reference Only NOT A LEGAL DOCUMENT 0 100 200 400 Feet City of Kenai Planning and Zoning Department Conditional Use Permit 210FidalgoAvenue Kenai, AK 99611 4 Application (907) 283-8200 planning@kenai.city www.kenai.citylpl ann ing Name: Alaska Children's Institute for the Performing Arts, Inc. Mailing Address: P.O. Box 322 City: Kenai State: Alaska Zip Code; 199611 Phone Number(s): (907)394-1159 Email: hereliesdrama@hotmaii.com Name: Chris Parker, K+A Designstudios Mailing Address: 35723 Spur Highway City: Soldotna State: I Alaska JZip Code: I 99fi11 Phone Number(s): (907)260-4440 Email: cparkergka-designstudios.com Kenai Peninsula Borough Parcel # (Property Tax ID): 104501064 Physical Address: 450 Marathon Road, Kenai Legal Description: T 06N R 11 W Sec 33 Seward Meridian KN 2023016 Baran Park Triumvirate Addn Tract 4A-2 Zoning: Light Industrial (IL) Acres: 1.91 (include site .. ., . •, ., How is this property currently being used? Currently Vacant Conditional Use Requested for (attach additional sheets if necessary): This conditional use allows for the sharing of 30 existing on -street parking spaces directly adjacent to the new building site of the Triumvirate Theatre. The existing parking spaces are currently used for parking at the Dog Park, which is located on the lot south of the proposed Triumvirate Theatre site. Please see the attached site plan showing the proposed site layout. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The purposed use is located within a Light Industrial zone where Industrial and commercial uses are consistently compatible and which are typically of the type that cause no nuisance effects upon surrounding property. This conditional use is consistent with the purposes and intent of the zoning district and would be compatible with minimal impact to the surrounding areas, especially during peak business hours The three main adjacent properties; the dog park, fire training facility and heavy equipment storage buildings, currently have abundant parking for the needs of their facilities and would not be significantly impacted with the addition of the Theatre. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: The value of the adjoining properties won't be significantly impaired by this conditional use because of the amount of existing parking spaces already in place. Also, peak business times for adjoining properties typically occur during the morning or afternoon, while the Theatre schedule typically peaks for ,abundant evenings shows and on weekends when the least amount of impact will be felt by the adjoining properties. Use of surrounding property - north: Heavy Equipment Maintenance Buildings Use of surrounding property - south: Dog Park Use of surrounding property - east: Heavy Equipment Storage Buildings Use of surrounding property - west: Vacant Lot Explain how the conditional use is in harmony with the City's Comprehensive Plan: The ability to share parking between adjoining properties is one vital component that helps this project stay within budget and will ultimately allow for a new children's theatre to be built in the City of Kenai, which is in harmony with the City's comprehensive plan and will add greatly to the economic growth of the City of Kenai_ Are public services and facilities on the property adequate to serve the proposed conditional use? Yes, city sewer and water are present at the site along Daubenspeck Rd, which is paved and maintained by the City. There are adequate public services and facilities to serve the proposed use. Explain how the conditional use will not be harmful to public safety, health, or welfare: The 30 shared parking spaces are existing spaces and do not cause harm to public safety currently.. The use of these spaces by both properties promotes connectivity between a theatre and a public park and encourages walking between adjacent properties within the city, elevating the health and welfare of it's users. 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? The proposed use is anticipated to have minimal impact on surrounding properties as the majority of theatre shows and events will occur in the evening or on weekends. 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: �,,� ,µ, Date: r Print Name: U, Title/Business: For City Use Only ate Application Fee Received: PZ Resolution Number gM1lRkM696Vi1�Nl3M M„tom NNHld + 3lif11o31IHDHV 1N3WdOl3A3a N°JIS30 Q ©� I 3a1b3H131"lAwniNJL = I g o I I 00 I zz N� rLLLLLLLLLLLLLLLn uim I i a OVOM M33dSN39nva i - SiMdS e � j I / I � ¢¢w I ; ml F .0 ml I wl J I al MI H ml ml I � I ,gT50pN9'AR3RVI�MMM v��tm:i IY®VIHIIY' ILIB 'Otl AYd IXAQN10C, �JNINNtlId * 3kifIlO311H�kltl yg d m � � 52 a � VNSVgV `IVN3N 1N3WdOl3A30 NOIS30 3NIV3H131"lAWniku I I UVOU M33dSN3gnV(3 - - - - - - - - - - - - - - - - - - - - - - - - - a - - - - - 3115-XD Omu= i F ---- ir ------- a{I�' -N- N N r Q -------------------------- --cn �j W • LTV � o $35Vd$ tNN>IWd 6 L h =Q I o I .sZ W a Of I_ I �w *-169 ,0-,9S -C-,SZ l -0-,6Z I i I I Z 1 L a I w KENAI 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: KMC 14.2a 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; Findin_qs: 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 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 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 for recreational 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. 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 specitic 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: 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. Resolution No. PZ2023-01 Page 4 of 4 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 25TH DAY OF JANUARY, 2023. L J80 TWAIT, CHAIRPERSON ATTEST: {,I/ r Meghan Thibodeau, Deputy City Clerk