HomeMy WebLinkAboutResolution No. PZ2017-26CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-26
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING AN
ORDINANCE TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTIONS 14.20.151 —APPLICATION FOR CONDITIONAL USE PERMIT
FOR SURFACE EXTRACTION OF NATURAL RESOURCES, 14.20.152 — REVIEW OF
APPLICATION, 14.20.153 — PUBLIC HEARING, 14.20.154 — ISSUANCE OF PERMIT,
14.20.155 — OPERATION, 14.20.156 — YEARLY REVIEW, 14.20.157 — TERMINATION,
14.20.158 — AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO
DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING
CHANGES.
WHEREAS, Kenai Municipal Code Section 14.20.152 — Review of Application, presently
requires that a Conditional Use Permit application for Surface Extraction of Natural Resources
be placed on the agenda of the Planning and Zoning Commission to conduct a completeness
review prior to scheduling it for a Public Hearing; and,
WHEREAS, at the completeness review, the Planning and Zoning Commission can only review
the application for completeness and can therefore only discuss the application and
accompanying information; and,
WHEREAS, after the completeness review is completed by the Planning and Zoning
Commission, pursuant to Kenai Municipal Code Section 14.20.153 — Public Hearing, the
application is then scheduled for the first regular meeting following the meeting at which the
initial application review was made; and,
WHEREAS, as with other Land Use Permit Applications including, Conditional Use Permits,
Variances, Encroachment Permits and Landscape Site Plans, it is the practice of the City
Planner to determine application completeness and to request additional information that may
be needed prior to the application being deemed complete and scheduled for a Public Hearing
before the Planning and Zoning Commission; and,
WHEREAS, it is in the best interest of the City of Kenai and the Applicant to streamline the
processing of Conditional Use Permits for Surface Extraction of Natural Resources by allowing
the City Planner to conduct the Conditional Use Permit application completeness review prior to
the application being scheduled for a Public Hearing before the Planning and Zoning
Commission; and,
WHEREAS, due to Conditional Use Permits being a Quasi -Judicial discretionary decision, the
Planning and Zoning Commission can request that the applicant submit additional application
materials for their review at their next regular meeting and then postpone their decision to
review the materials at their next regular meeting; and,
Resolution No. PZ17-26
Page 2 of 2
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT AN ORDINANCE BE ENACTED TO AMENDED KENAI MUNICIPAL CODE
SECTIONS 14.20.151 — APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE
EXTRACTION OF NATURAL RESOURCES, 14.20.152 — REVIEW OF APPLICATION,
14.20.153 — PUBLIC HEARING, 14.20.154 — ISSUANCE OF PERMIT, 14.20.155 —
OPERATION, 14.20.156 — YEARLY REVIEW, 14.20.157 — TERMINATION, 14.20.158 —
AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO DETERMINE
APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING CHANGES,
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 91h day of August, 2017.
Jef6SWalt,halfperson
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