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HomeMy WebLinkAboutResolution No. PZ2025-04 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-04 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE USE OF ON- STREET PARKING SPACES ALONG FRONTAGE ROAD TO MEET THE MINIMUM OFF- STREET PARKING REQUIREMENTS FOR THE BOW BAR. APPLICANT: Kelsey Meyer PROPERTY OWNER: D & E Investments PROPERTY ADDRESS: 502 Main Street LEGAL DESCRIPTION: Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition Amended KENAI PENINSULA BOROUGH PARCEL NUMBER: 04706442 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 15, 2025; 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 12, 2025, 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 Requirements. 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 drinking establishment. Resolution No. PZ2025-04 Page 2 of 4 INSTITUTIONS, PUBLIC MINIMUM NUMBER OF PARKING USESiCOMMERCIAL SPACES REQUIRED Restaurants, cafes, delicatessen, eating and One (1) per each two hundred (200) square drinking establishments, clubs, nightclubs and feet of gross floor area or one (1) per four(4) lodges, etc. seats, whichever is greater. The proposed use would not violate the character of the neighborhood as it has functioned as a public parking area for over fifty (50) years. Furthermore, the proposed use is not anticipated to generate additional traffic. The existing density would remain unchanged. Staff finds that the proposed use meets the intent of the zoning district. 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 the granting of this CUP. The surrounding properties consist of a mix of commercial uses, each with abundant parking for their own use and would not be significantly impacted by the proposed use. Staff finds the proposed use aligns with the intended use of the public parking area and would not significantly impair the economic and noneconomic value of adjoining properties.The proposed utilization of sixteen (16)parking spaces leaves forty-seven (47) spaces remaining for neighboring use. 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 Mixed Use (MU) land use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed use is intended for a compatible mix of residential, retail, service, office,public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are primarily improved commercial in all directions, including retail, dining, professional offices, the Kenai Visitors Center and American Legion Post 20. The ability to share parking between neighboring properties is in harmony with the City's Comprehensive Plan, and the intent of the Mixed Use classification. 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. Resolution No. PZ2025-04 Page 3 of 4 Obfective 0-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Obiective a-14 Continue to foster a compact, intensive mix of private and public uses in the downtown core area. 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 Frontage Road, a City-maintained road.The on-street parking spaces are existing and are maintained by the City. Staff finds 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 on-street parking spaces have been used by surrounding businesses for over fifty(50)years. Staff finds the 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. Findings: 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. 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 16 on-street parking spaces are within ±300 feet of the subject property. Staff finds that is within reasonable distance of the use, and 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 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. Resolution No. PZ2025-04 Page 4 of 4 Findings: Staff consulted with the City Attorney and this provision applies to the construction of new public parking lots. 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 63 on-street parking spaces along this section of Frontage Road, of which 16 are being requested in this CUP. Staff finds that the remaining 47 on-street parking spaces along Frontage Road can accommodate other parking needs of existing and potential uses within a reasonable distance to the lot. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit is granted to allow the use of on-street parking spaces along Frontage Road to meet the minimum off-street parking requirements on a property described as Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition, located at 502 Main Street in the Central Commercial (CC) Zoning District. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,ALASKA, THIS 12T" DAY OF FEBRUARY, 2025. JO EAD, CHAIRPERSON ATTEST Meghan Thibodeau, Deputy City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT C A I TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Brandon McElrea, Planning Technician DATE: February 3, 2025 SUBJECT: Resolution No. PZ2025-04—Conditional Use Permit—Allow the Use of On- Street Parking Spaces to Meet Off-Street Parking Requirements Request The applicant is requesting to use the on-street parking spaces along Frontage Road to count towards the off-street parking requirements. Staff Adopt Resolution No. PZ2025-04 approving a Conditional Use Permit Recommendation for the use of on-street parking spaces along Frontage Road to meet the minimum off-street parking requirements for the Bow Bar. Applicants: Kelsey Meyer and Jed Brown Property Owners: D& E Investments, Inc. Legal Description: Lot 1, Block 4, Original Townsite of Kenai Rainbow Addition Amended Property Address: 502 Main Street KPB Parcel No.: 04706442 Lot Size: Approximately 5,417 Square Feet Zoning: Central Commercial (CC) Current Use: Commercial— Bow Bar Land Use Plan: Mixed Use SUMMARY The applicants have requested a Conditional Use Permit(CUP) to authorize the use of on-street parking spaces to meet the minimum off-street parking requirements. Due to the size of the subject property and building placement, there is inadequate area to provide the minimum required parking spaces. The applicant is interested in purchasing the subject property and contacted the City inquiring about permitting requirements. In reviewing the parcel file staff found that the subject parcel is unable to meet the minimum parking requirements of sixteen(16)parking spaces. The building residing on the subject parcel is approximately 3,287 square feet and is currently a drinking establishment (The Bow Bar). Pursuant to KMC 14.20.250(b)(8), drinking establishments are required to provide one off-street parking space pertwo hundred(200)square feet of gross floor area or one(1)per four(4)seats, whichever is greater. The applicant indicated that there are 60 seats in the establishment, which would require fifteen (15) parking spaces, therefore the gross floor area calculation of sixteen (16) parking spaces applies. Pursuant to Kenai Municipal Code (KMC) 14.20.250(b)(6) Exception to this Section [off-street parking] — Public Parking Lots, "...when a use is located within three hundred feet (300) of an existing or planned public lot, the off-street parking requirements of this chapter may be met if under the procedures specified in this chapter, the Commission issues a conditional use permit..." 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. Findinr_ The proposed use is consistent with the purpose of the Kenai Zoning Code, specifically, KMC 14.20.250 Off-Street Parking and Loading Requirements. 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 drinking establishment. INSTITUTIONS, PUBLIC MINIMUM NUMBER OF PARKING USES/COMMERCIAL SPACES REQUIRED Restaurants, cafes, delicatessen, eating and One (1) per each two hundred (200) souare drinking_establishments, clubs, nightclubs and feet of gross floor area or one (1) per four(4) lodges, etc. seats, whichever is greater. Resolution No. PZ2025-04 Conditional Use Permit On-Street Parking Page 2 of 5 The proposed use would not violate the character of the neighborhood as it has functioned as a public parking area for over fifty (50) years. Furthermore, the proposed use is not anticipated to generate additional traffic. The existing density would remain unchanged. Staff finds that the proposed use meets the intent of the zoning district. Criteria 2: The economic and noneconomic value df the adjoining property and neighborhood will not be signiffcantly impaired. .nd�: The economic and noneconomic value of adjacent properties would not be significantly impacted by the granting of this CUP. The surrounding properties consist of a mix of commercial uses, each with abundant parking for their own use and would not be significantly impacted by the proposed use. Staff finds the proposed use aligns with the intended use of the public parking area and would not significantly impair the economic and noneconomic value of adjoining properties. The proposed utilization of sixteen(16) parking spaces leaves forty-seven (47) spaces remaining for neighboring use. Criteria 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 Mixed Use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The surrounding uses are primarily improved commercial in all directions, including retail, dining, professional offices, the Kenai Visitors Center and American Legion Post 20. The ability to share parking between neighboring properties is in harmony with the City's Comprehensive Plan, and the intent of the Mixed Use classification. Rr,:i UVEFI�T G,OA 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-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective Q-14 Continue to foster a compact, intensive mix of private and public uses in the downtown core area. Resolution No. PZ2025-04 Conditional Use Permit On-Street Parking Page 3 of 5 Criteria 4: Public services and facilities are adequate to serve the proposed use. Finding . City water and sewer run beneath most of Frontage Road, a City-maintained road.The on-street parking spaces are existing and are maintained by the City. Staff finds 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 on-street parking spaces have been used by surrounding businesses for over fifty(50)years. Staff finds the 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. 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. 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 16 on-street parking spaces are within±300 feet of the subject property. Staff finds that is within reasonable distance of the use, and 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 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 new public parking lots. 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. Resolution No. PZ2025-04 Conditional Use Permit On-Street Parking Page 4 of 5 Finding; There are 63 on-street parking spaces along this section of Frontage Road, of which 16 are being requested in this CUP. Staff finds that the remaining 47 on-street parking spaces along Frontage Road can accommodate other parking needs of existing and potential uses within a reasonable distance to the lot. PI1RI ort Nn, 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. The applicant submitted an Affidavit of Posting verifying signage was placed on the parcel with information on the public hearing for the conditional use permit request. As of the writing of this report, no public comments have been received. STAFF RECOMMEMDA70 N Staff finds that the proposed Conditional Use Permit for on-street parking to meet off-street parking requirements 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 Subsection (b)(6) of KMC 14.20.250, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2025-04 approving the Conditional Use Permit, subject to the following conditions: ATTACHMENTS Aerial Map Application Resolution No. PZ2025-04 Conditional Use Permit On-Street Parking Page 5 of 5 r � �• � � •r /y w uj LL +'. h AiN ST "pig Am •r'• r fFr a City of Kenai Planning and Zoning Department Conditional Use Permit 210 Fidalgo Avenue Kenai,AK 99611 �. Application (907)283-8200 planning@kenai.city avm-kena i.city/planning Name: C'ktA 0k CYN60%. Mailing Address: 21 - a .�� City: State: 4y- Zip Code: .-Jq Phone Number(s): a .Zg3 Email: Name: Mailing Address: o City: State: Zip Cod;7Fqtq jpbrl Phone Number(s): .1 a-+•y ZO-1-F S Email: •Yu.J.AA,h .Go Kenai Peninsula Borough Parcel#(Property Tax ID):Ocy-j4b k'Y,°l oq-+06 Physical Address: N 10, Legal Description: tit _ Zoning: Acres: , How is this property currently being used? �ubtiCr i,,. Conditional Use Requested for (attach additional sheets if necessary): Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: CnlC Wt StrLb+w.ik*tC fin:Z eerrrwi k% %U- -Vkl— aortae 4-V tOWV4V J . I-Q =Qwrc.+t i,6 GVVVG&V y k�ti'tsdt 'For QaurlG:�' � has b.u� �wviv.� rMiS ewr4ou. �Y' ywww•� uJ6Mr'3, r4�Qlrova.� a� wit pNrw+i� 4k4VL5 wig YAJa. 7•So(3)-k0-) +m5wri G�k.pl;�w.4 Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: Tv-- been v-kitiuA ss a dtiK%,^M eN✓1G�+�� v v*e.i��nboYiwJ bwS w�rs�j �Y' v'ww� yr(,N+rrt 1 w�►d1 O Wv 1N{eMt �S � C9 v�'hN,wt� 1h5 t� 'tt �ev ltS GV►ArY'lM�S t%W tau" Use of surrounding property- north: Use of surrounding property- south: ems, Use of surrounding property-east: cz LA— � \, Use of surrounding property-west: (_0W%4VC;#V1 Explain how the conditional use is in harmony with the City's Comprehensive Plan: Q-`t s jr"- h^t C Qc�rw.i�r w i�t.. �revtdu 1�oww►ow� i� C uw�r6u�-d'+w� bk�i�e SSe S b cj , kcI Vl14- {rntxilrv� Vv,v# C V"VY 4 Mrea S P uxicw Lrwt� bY4uk_9(nrt -fie A'Kk J t1iSfi51r i C G�is'i'�ic;�, Are public services and facilities on the property adequate to serve the proposed conditional use? ��5. �.�rL W✓c. v,0 �+�olic. '��t,ili�ic� e� t.�1 Explain how the conditional use will not be harmful to public safety, health, or welfare: &S SAn&" t1& oVV W 04,AL%K%v%S, wt W4L V4t#6WsSt%vj J% V44- tvi- j1 49w4cn f*or Wlnw� '%kS CWVA,Aft n v,,L 4& apt no CA&&0'.o49,S, So V%% 10.15kt . I;,�ct j . h�.�►.1 • l wtlC 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? Ka 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: Date: Zg Print Name: V& Title/Business: Bow Date Application Fee-Received: Foy'City Use Only PZ Resolution Number: PAID JAN 15: %zso co-'e" 103 SAS Y OVERLAND AVE 04706 42 0 MAIN 5T CK ;- ��� PENINSULA AVE G � PENINSULA AVE rt IA �- coo,v- E u _. 0 A RIVERVIEW DR M,��fi N Avenue overlan 1 25' / Book 1 Page 36 KRD of �. a / N ®� � PI86'29'00"E tF141 5OW Lotrn 5417 w c snow :v e o e w 148M2 7E . . . . . Ar nK lol tine, :�Ci � N N85'OS'16"E 53 C)4'gasti?5 . p easement Lot fine is the "� l i%d d n e U�j � � w outside building waA 'p' o pal O ` O tri t Lot S Lot 2 0 cn 7516 S F / Lot&building access h',v 1q cyfs .01 YJ Lot dimensions `'/ y6Q � �� azsbq;� a uBuilding dimensions!snow storage `� (}� Lot outline Building outline / L o 4 s9+o PI 1990. r Alum Cap PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PL COMMISSION AT THE MEETING OF__14 tMZILLI s'