HomeMy WebLinkAboutRESOLUTION 1990-02Suggested by=
Planning & Zoning Cozmisston
City of Kenai
BESOLUTIONNO. 90-02
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA NAKINGAPPLICATION TO-
THE KENAI PENINSULA BOROUGH FOR MAKING LAND USE PLAN AMENDMENTS TO THE
CONPREHENSIVEPLAN.
WHEREAS, the Kenai Peninsula Borough retains the powers of planning which
includes the Comprehensive Plan, of which, the Land Use Plan Nap is an integral
part and is currently being updated, and
WHEREAS, at the present time, when rezoning of property takes place within the
City of Kenai, the City must, by ordinance, request the Kenai Peninsula Borough
make an appropriate change to the Land Use Plan Map, and
WHEREAS, KPB Ordinance 89-17 will "allow cities to make land use plan amendment
to the city comprehensive plans"b~request through a submittal of an ordinance
by the City Council, and
WHEREAS, the Planning & Zoning Commission have held public hearings on the
resolution at the Planning level and feels that it is in the best interest of
the City to have control over the Land Use Plan within the'guidelines of KPB
89-17, and
WHEREAS, the Planning & Zoning Conmission recommends the Kenai City Council take
advantage of the opportunity to take control of the rezoning of lands lying
within the city limits in accordance with KPB 89-17.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OFKENAI, ALASKA, that
it is hereby requested that the Kenai Peninsula Borough proceed- with -the--
necessary paperwork to allow the City of Kenai to make amendments to the City
of Kenai Land Use Plan.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January,
1990.
ATTEST:
JO~N J.
.... NAYO~'
WILLIAMS,
Janet Ruotsala, City Clerk
Kenai Planning & Zoning Commission
I~SOM~ION Pr89- !7
A RESOLUTION OF THE -PLANNING & ZONING COFd4ISSION OF THE-CITY OF KENAI
RECOMMENDING APPLICATIONTOTHEKENAIPENINSULABOROUGH FOR MAKINGLANDUSEPIJtN
AMENDF~NTSTO THE COMPREHENSIVE PLAN.
WH~, at the present time, when rezoning of property takes place within the
City of Kenai the City must, by ordinance request the Kenai Peninsula Borough
make an appropriate change to the Land Use Plan and Nap, and
WHEREAS, by KPB Ordinance 89-17 will "allow cities to make land use plan
amendment to city comprehensive plans" by request through a submittal of an
ordinance by the City Council, and
WHERFAS, the Planning & Zoning Co~mission feels that it is in the best interest
of the City to have control over the Land Use Plan within the guidelines of
KPB 89-17, and
WHERFAS, the Planning& Zoning Commission recommends the Kenai City Council take
advantage of the opportunity to take control of the rezoning of lands lying
within the city limits in accordance withKPB 89-17. ~ '
NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City
of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that
the appropriate ordinance be drafted which would request the Kenai Peninsula
Borough proceed with the necessary paperwork to allow the City of Kenai to make
amendments to the City of Kenai Land Use Plan.
PASSED by the-Planning & Zoning
13th da¥of December, 1989.
Commission of the City of Kenai,
Alaska, this-
ATTEST:
Introduced by: H?yor @
Req. of Planning Commission'
Date: March 21, 1989
Action: ' _Enscted..
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 89-17 (SUBSTITUTE II)
Unani=ouS
AMENDING KENAI PENINSULA BOROUGH CODE SECTION' 21.01.025 TO ALLOW
CITIES TO:MAKE LAND USE PLAN AMENDMENTS TO CITY.-COMPREHENSIVE
PLANS ~
WHEREAS, pursuant to AS 29.40,010(b), a borouga may, ~y as-
sembly ordinance, delegate land use regulatory power to c~ties,
who by council ordinance request such delegation; and
' ~
WHEREAS, the Kenai Peninsula Borough has enacted Kenai
Peninsula Borough 21.01.020(a) which allows cities to assume
zoning powers, with assembly approval,
power by a city council ordinance; and
WHEREAS, delegated zoning power is
holding such power
make land use plan
if the city requests this
often unwieldy to cities
without holding concurrent delegated power to
amendments to their comprehensive plans;
NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH ~
. Section 1, That sec=ion 21.01.025 of the Kenai Peninsula
BorOugh Code of O~dinances entitled "Comprehensive Plans"'is
hereby repealed.
Sectio~ 2, That the Kenai Peninsula Borough Code of Or-'
-dinances is hereby amended'by'adding'a--new section-to'be numbered
21..01.025 which shall.read as fol. lows:
21.01.025 City Comprehensive Plans -- Amendments
A. All amendments =o a comprehensive plan for a
city must be adopted by assembly ordinance except
for land use plan amendments, made by the city
cbuncil in accordance with this section.
B. .A city that has the d~legated 9uthority to
provLde zoning, regulationS zs authorized to make
land use plan amendments, as defined in this sec-
tion, to their adopted comprehensive plan.
Kenai'Peninsula Borough
Ord. 89-17 (Subst.
Page 1 of 2 pages
.
~n/ .city shall accept delegation o~ au=hori=jf to make
use plan amendments by an ordinance which shall
provide the following..
(1) a clear statement of
authority~
acceptance of ~he
(2)that all amendments shall be made by an
dinance~
(3)
notified
merits ~
that the. borough planning commission be
in writing of all proposed and adopted amend-
D. The assembly,"ac=ing upon recommendations of the
borough planning commission, shall delegate the
authority to make land use plan changes to ~ city com-
prehensive plan by ordinance. This authority may be
revoked, by. ordinance., upon a finding; -. that a city has.not
complied wIth the terms of this ordinance.
E. Cities requesting extensive comprehensive plan
amendments and cities without the power to make land
use plan amendments, may recommend to the Borough Plan-
ning Commission a. change to the city comprehensive
plan.
upon
F. The assembly, acting upon recommendations of the
borough planning commission, and finding that no sig-
nificant negative impacts occur outside the municipal.
district, shall make extensive comprehensive plan
amendments by ordinance.
Sectio~ _.~.~ ~.That. ~his .ordinance takes _effect
its'enactment.
immediately.
Ord. 89-17 (Subs=. II)
. Page 2 of 2 Pages
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
..... ~ ..... ' THIS
~iH DAY OF~ ~av. , 1989.
TTEST~