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HomeMy WebLinkAbout2021-09-08 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 September 08, 2021 Kenai Planning & Zoning Commission - Regular Meeting September 08, 2021 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of August 25, 2021 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolution No. PZ2021-34 – Recommending the Kenai City Council Amend Kenai Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. G. UNFINISHED BUSINESS H. NEW BUSINESS Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 September 08, 2021 I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS 1. Board of Adjustment Decision - Barnard (BA-21-01) 2. Board of Adjustment Decision - Schlehofer (BA-21-02) 3. Board of Adjustment Decision - Jones (BA-21-03) M. NEXT MEETING ATTENDANCE NOTIFICATION 1. September 22, 2021 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/83831443627 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 838 3144 3627 Passcode: 636242 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 25, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, J. Halstead, A. Douthit, D. Fikes, G. Woodard, G. Greenberg, R. Springer Commissioners absent: Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W. Anderson, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Vice Chair Fikes MOVED to approve the agenda as written and Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Vice Chair Fikes MOVED to approve the consent agenda and Commissioner Douthit SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None. Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 August 25, 2021 B. APPROVAL OF MINUTES 1. *Regular Meeting of August 11, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - Recommendation for Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. MOTION: Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3237-2021 for increasing estimated revenues and appropriations in the General Fund – Land Administration Department to provide funding for a Kenai waterfront revitalization feasibility study. Commissioner Douthit SECONDED the motion. Planning Director Foster explained that on August 4, 2021 the City Council had held a work session to discuss the opportunity for Kenai waterfront revitalization with the community and waterfront property owners. The first step in the process would be to conduct a feasibility study with the help of a consulting firm, with the intention of taking a fresh look at the waterfront and reconsidering what this area could be. Foster shared his perspective as a city planner, noting that many communities both big and small utilize their waterfronts and this could be a great catalyst for the community. He explained that the study would take a multidisciplinary approach and would look at land use and economic development incentives, and if it moves forward to getting an RFP and a consultant on board, the Planning and Zoning Commission will continue to be involved. Discussion involved the boundaries of the waterfront area and whether the areas planned to be stabilized through the Bluff Erosion Project would be part of this area, the involvement of the Army Corps of Engineers, whether the project can benefit from studies that were conducted for Cannery Road development; how waterfront landowners will be approached about the project, how the project can tie in with a Harbor Master Plan, bike path construction and harbor dredging. It was noted that the feasibility study would potentially look into many of these issues to determine how they would tie into waterfront revitalization. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 August 25, 2021 Concerns were expressed about potential pushback from waterfront property owners, economic instability, and whether this would have the support of the fishing industry who may oppose having their commercial areas developed in a different direction. Clarification was provided that these concerns could be explored by a consultant during the feasibility study. VOTE: YEA: Halstead, Woodard, Greenberg, Douthit, Springer, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the August 18, 2021 City Council meeting . 2. Borough Planning – Vice Chair Fikes reported on the actions from the August 23 , 2021 Borough Planning Commission Meeting. 3. City Administration – Planning Director Foster reported on the following: • No applications have been submitted for the September 8th meeting, and there is one on the schedule for the meeting of September 22nd; • Administrative Assistant Willie Anderson is retiring, and her last meeting will be on September 22nd; • Two Board of Adjustment decisions will be provided as informational items for next packet; • Received notification from Kenai Peninsula Borough regarding the Black Gold Subdivision right of way vacation the Commission approved, which will be sent to Council for their September 15th meeting. K. ADDITIONAL PUBLIC COMMENT – None. Vice Mayor Bob Molloy noted that he had two purposes for coming to this meeting, first was to hear their discussion on the feasibility study, and the second is to inform them of Ordinance No. 3243-2021 which will be introduced during the City Council Meeting on September 1st and will come to the Planning & Zoning Commission for approval at their September 8th meeting. He noted that he has been working with the Planning Director and City Clerk to develop the ordinance, which will clarify the roles and responsibilities of applicants, the Planning Director, and the Planning Commission in the conditional use permitting process and also make housekeeping changes. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 August 25, 2021 1. September 8, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Douthit noted he will be out of town on the September 22, 2021 meeting. Commissioner Halstead said he appreciates the opportunity to work on the waterfront revitalization project and looks forward to it, and expressed confidence in the Planning Director’s ability to get the project underway. Commissioner Greenberg noted that he thinks this looks like a good project. Council Member Glendening stated he was in support of the Commissions discussion, and expressed that he had heard broad but good ideas and questions during the meeting tonight. He also stated that the Harbor Master Plan fits in with the project as well, and encouraged the Planning & Zoning Commission and Harbor Commission to stay closely involved in the process. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:33 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 6 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-34 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI AMEND KENAI MUNICIPAL CODE 14.20.150-CONDITIONAL USE PERMITS, TO CLARIFY ROLES AND RESPONSIBILITIES OF APPLICANTS, THE PLANNING DIRECTOR, AND THE PLANNING COMMISSION IN THE CONDITIONAL USE PROCESS AND MAKE HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code 14.20.150 describes the process for application and review of conditional use permits; and, WHEREAS, the conditional use permit process is intended to recognize that some uses that are not permitted by the Land Use Table in certain zones may be conditionally allowed if certain conditions are met; and, WHEREAS, the amendments below clarify that the grant or denial of a conditional use permit is a discretionary act by the Commission and the applicant has the burden of proof to show that a conditional use permit should be granted; and, WHEREAS, the amendments also require a pre-application meeting with the Planning Director or designee prior to submittal of an application for public hearing to assist the applicant in preparing for the public hearing and providing the Commission with relevant information to make a decision; and, WHEREAS, the amendments require the applicant to be present or available during the public hearing to present information to the Commission about the application; and, WHEREAS, the amendments require the Commission to make findings specific to the six criteria that must be met to approve a conditional use permit and provide that the Commission may consider all relevant information in making its decision; and, WHEREAS, the amendments describe the role of the Planning Director or designee in providing a staff report during public hearings and that the recommendations of the Planner may be considered, but are not accorded deference by the Commission. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. Amendment of Section of the Kenai Municipal Code 14.20.150: That Kenai Municipal Code, Section 14.20.150 – Conditional Use Permits, is hereby amended as follows: Page 7 Resolution No. PZ2021-34 Page 2 of 6 New Text Underlined; [DELETED TEXT BRACKETED] 14.20.150 Conditional [U]Use [P]Permits. (a) Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The Commission may permit this type of use if the conditions and requirements listed in this chapter are met. The [ALLOWED] conditional uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. The grant, denial, modification, or revocation of a conditional use permit is discretionary. (b) Pre-Application Meeting. Every conditional use permit applicant must contact the Planning Director for a pre-application meeting with the Planning Director or designee before the application is submitted to the Commission in order to ensure applications are complete and the applicant is familiar with the conditional use permit public hearing process. If an application is determined to be incomplete by the Planning Director, the application may be re-submitted to the Planning Director with changes or new information as many times as necessary, or the applicant may request a review with the City Manager whose determination shall be final. The review by the Planning Director is to determine that sufficient information is presented to allow the Commission a meaningful review, and has no bearing on whether an application should be granted or denied by the Commission. ([B]c) Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant and name and address of the property owner if not the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) The street address and [A] a legal description of the property involved; (4) A description of the proposed use and how the use satisfies the review criteria; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, conceptual drawing and such data as may be required; and (6) The appropriate fee as set forth in the City’s schedule of fees adopted by the City Council. The application and its plans shall be posted to the City’s website at time of publication of Commission packet. Page 8 Resolution No. PZ2021-34 Page 3 of 6 New Text Underlined; [DELETED TEXT BRACKETED] ([C]d) Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. An applicant or representative of the applicant must be present in person or by remote device for the application to be considered at the public hearing. ([D]e) Review Criteria. Prior to granting a conditional use permit, it shall be established that the use satisfies all the following [CONDITIONS] criteria: 1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2) The economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired; 3) The proposed use is in harmony with the Comprehensive Plan; 4) Public services and facilities are adequate to serve the proposed use; 5) The proposed use will not be harmful to the public safety, health or welfare; and 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. The Commission may approve, approve with conditions, or deny the application. The Commission must make specific findings in its decision addressing all six of the required criteria stated above. Any relevant evidence may be considered by the Commission in its decision. (f) Burden of Proof. The applicant for a conditional use permit has the burden to show by substantial evidence that the six criteria above are satisfied. Substantial evidence is such relevant evidence a reasonable mind might accept as adequate to support a conclusion. (g) Staff Report. The Planning Director or designee will provide a staff report on the application to the Commission at the public hearing. The staff report may contain any information deemed pertinent by the Planning Director or designee, and may include a recommendation and proposed findings on whether the requirements of this Chapter have been met and whether any additional specific conditions are recommended. The Commission may consider the Page 9 Resolution No. PZ2021-34 Page 4 of 6 New Text Underlined; [DELETED TEXT BRACKETED] recommendations of the Planning Director or designee, but shall accord it no deference. The staff report does not relieve the applicant’s burden of proof. ([E]h) Issuance of the Permit. Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the City or has entered into an approved payment plan with the City on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. ([F]i) Yearly Reports. The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on-site activity. ([G]j) Revocation for Noncompliance/Compliance Notices. If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: (1) the terms and conditions of the permit; (2) the provisions of the Kenai Zoning Code; (3) or that the permit holder is not current on any obligations (e.g., sales tax, property tax, utility payments, lease payments) to the City unless the applicant has entered into an approved payment with the City on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this subsection, it shall send a notice of compliance to the Commission and the permit holder. ([H]k) Modification of Final Approval. 1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a) When changed conditions cause the conditional use to no longer conform to the standards for its approval, Page 10 Resolution No. PZ2021-34 Page 5 of 6 New Text Underlined; [DELETED TEXT BRACKETED] b) To implement a different development plan conforming to the standards for its approval; (2) The modification application shall be subject to a public hearing and the appropriate fee as set forth in the City’s schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. ([I]l) Expiration—Extensions—Transferability. 1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. 2) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. 3) The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one (1) year each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to grant the time extension. A permittee must request a time extension in writing, and submit any supporting materials, within ninety (90) days of the date of the administrative official’s written notice to the permittee that either the permit has lapsed under subsection (1) or that the permit has expired under subsection (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at any time within two (2) years of the date the permit was issued or the use ceased, whichever is later. A permittee may be granted time extensions not to exceed a total of two (2) years from the date of the Commission’s grant of the first time extension. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subsection. 4) A permittee who disputes the administrative official’s determination that the conditioned use has not been timely initiated or has ceased for a period of one (1) year or longer may appeal the official’s determination to the Board of Adjustment in accordance with KMC 14.20.290. If the permittee has requested a stay under subsection (3), above, the time for appeal of the administrative official’s determination of lapse or expiration shall not run until such time as the Commission has made a final decision on the request for a stay. Page 11 Resolution No. PZ2021-34 Page 6 of 6 New Text Underlined; [DELETED TEXT BRACKETED] 5) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. 6) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of KMC 14.20.290. ([J]m) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 2. That a copy of Resolution PZ2021-34 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of September, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 12 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: September 1, 2021 SUBJECT: Resolution PZ2021-34 – Recommending the Kenai City Council Amend Kenai Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. The Planning & Zoning Commission, the City Council, the Board of Adjustment, and public comments have identified issues in KMC 14.20.150 Conditional use permits that should be addressed regarding roles and responsibilities. Ordinance 3243- 2021 addresses some of these issues and was introduced to Council on September 1, 2021 and postponed for a public hearing to September 15, 2021, and referred to the Planning and Zoning Commission for a public hearing on September 8, 2021. Ordinance 3243-2021 proposes to amend KMC 14.20.150 Conditional use permits by clarifying the roles and responsibilities of applicants, the Planning Director, and the Planning and Zoning Commission in the conditional use permit process and to make some housekeeping changes. The proposed amendments include the following: 1. Add final sentence to paragraph (a) Intent to clarify and state that the Commission has discretion to grant, deny, modify or revoke a Conditional Use Permit (“CUP”). 2. Add a new paragraph (b) Pre-application meeting requiring the applicant to have a pre-application meeting with the Planning Director or designee. The purpose is to ensure the application is complete and the applicant is familiar with the conditional use permit public hearing process. The review by the Planning Director is to determine that sufficient information is presented with the application to allow the Planning Commission a meaningful review, and has no bearing on whether an application should be granted or denied by the Commission. 3. Make minor changes to the paragraph on Applications regarding the contents of the application, to be consistent with the online form for the Page 13 Page 2 of 2 application and the practice that there be some kind of conceptual drawings for landscape and site plans and the dimensional plot plans. 4. Add a sentence to the paragraph on Applications that the application and plans will be posted to the City’s website when the meeting packet is posted to the website. The City Clerk and Administration would create a page to list public hearings coming up on applications with a link to the applications and plans. 5. Add to the paragraph on Public Hearings the requirement that the applicant or representative must be present in person or by remote electronic device to present the application and the applicant’s case. 6. Clarify the second condition or criteria of the Review Criteria to provide that the value is the economic and non-economic value, so the second criteria is that the economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired. 7. Add a paragraph to the Review Criteria which further clarifies the Commission’s discretion to the effect that: The Commission may approve, approve with conditions, or deny the application. The Commission will make findings on the six criteria in its decision. Any other relevant evidence may be considered by the Commission in its decision. 8. Add a new paragraph on Burden of Proof, clarifying and stating that the applicant has the burden of proof to show that the six review conditions or criteria are satisfied. 9. Add a new paragraph on Staff report, clarifying and stating that the Planning Director or designee will provide a staff report. The staff may include a recommendation and proposed findings on whether the requirements of this Code have been satisfied and whether any additional specific conditions are recommended. The Commission may consider the recommendations of the Planning Director or designee, but does not have to defer to the staff’s recommendation. The staff report does not relieve the applicant from the applicant’s burden of proof. Thank you for your consideration. Attachments Ordinance 3243-2021 Memo #1 – Introduction, Postponement, and Referral Memo #2 - Supporting Page 14 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Vice Mayor Molloy CITY OF KENAI ORDINANCE NO. 3243-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.20.150-CONDITIONAL USE PERMITS, TO CLARIFY ROLES AND RESPONSIBILITIES OF APPLICANTS, THE PLANNING DIRECTOR, AND THE PLANNING COMMISSION IN THE CONDITIONAL USE PROCESS AND MAKE HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code 14.20.150 describes the process for application and review of conditional use permits; and, WHEREAS, the conditional use permit process is intended to recognize that some uses that are not permitted by the Land Use Table in certain zones may be conditionally allowed if certain conditions are met; and, WHEREAS, the amendments below clarify that the grant or denial of a conditional use permit is a discretionary act by the Commission and the applicant has the burden of proof to show that a conditional use permit should be granted; and, WHEREAS, the amendments also require a pre-application meeting with the Planning Director or designee prior to submittal of an application for public hearing to assist the applicant in preparing for the public hearing and providing the Commission with relevant information to make a decision; and, WHEREAS, the amendments require the applicant to be present or available during the public hearing to present information to the Commission about the application; and, WHEREAS, the amendments require the Commission to make findings specific to the six criteria that must be met to approve a conditional use permit and provide that the Commission may consider all relevant information in making its decision; and, WHEREAS, the amendments describe the role of the Planning Director or designee in providing a staff report during public hearings and that the recommendations of the Planner may be considered but are not accorded deference by the Commission; and, WHEREAS, on__________ the Planning and Zoning Commission met and recommended the City Council ___________ this Resolution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section of the Kenai Municipal Code 14.20.150: That Kenai Municipal Code, Section 14.20.150 – Conditional Use Permits, is hereby amended as follows: Page 129 Page 15 Ordinance No. 3243-2021 Page 2 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 14.20.150 Conditional [U]Use [P]Permits. (a) Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The Commission may permit this type of use if the conditions and requirements listed in this chapter are met. The [ALLOWED] conditional uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. The grant, denial, modification, or revocation of a conditional use permit is discretionary. (b) Pre-Application Meeting. Every conditional use permit applicant must contact the Planning Director for a pre-application meeting with the Planning Director or designee before the application is submitted to the Commission in order to ensure applications are complete and the applicant is familiar with the conditional use permit public hearing process. If an application is determined to be incomplete by the Planning Director, the application may be re-submitted to the Planning Director with changes or new information as many times as necessary, or the applicant may request a review with the City Manager whose determination shall be final. The review by the Planning Director is to determine that sufficient information is presented to allow the Commission a meaningful review, and has no bearing on whether an application should be granted or denied by the Commission. ([B]c) Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant and name and address of the property owner if not the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) The street address and [A] a legal description of the property involved; (4) A description of the proposed use and how the use satisfies the review criteria; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, conceptual drawing and such data as may be required; and (6) The appropriate fee as set forth in the City’s schedule of fees adopted by the City Council. Page 130 Page 16 Ordinance No. 3243-2021 Page 3 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The application and its plans shall be posted to the City’s website at time of publication of Commission packet. ([C]d) Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. An applicant or representative of the applicant must be present in person or by remote device for the application to be considered at the public hearing. ([D]e) Review Criteria. Prior to granting a conditional use permit, it shall be established that the use satisfies all the following [CONDITIONS] criteria: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; and (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. The Commission may approve, approve with conditions, or deny the application. The Commission must make specific findings in its decision addressing all six of the required criteria stated above. Any relevant evidence may be considered by the Commission in its decision. (f) Burden of Proof. The applicant for a conditional use permit has the burden to show by substantial evidence that the six criteria above are satisfied. Substantial evidence is such relevant evidence a reasonable mind might accept as adequate to support a conclusion. (g) Staff Report. The Planning Director or designee will provide a staff report on the application to the Commission at the public hearing. The staff report may contain any information deemed pertinent by the Planning Director or designee, and may include a recommendation and proposed findings on whether the requirements of this Chapter have been met and whether any additional specific conditions are recommended. The Commission may consider the recommendations of Page 131 Page 17 Ordinance No. 3243-2021 Page 4 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] the Planning Director or designee, but shall accord it no deference. The staff report does not relieve the applicant’s burden of proof. ([E]h) Issuance of the Permit. Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the City or has entered into an approved payment plan with the City on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. ([F]i) Yearly Reports. The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on-site activity. ([G]j) Revocation for Noncompliance/Compliance Notices. If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: (1) the terms and conditions of the permit; (2) the provisions of the Kenai Zoning Code; (3) or that the permit holder is not current on any obligations (e.g., sales tax, property tax, utility payments, lease payments) to the City unless the applicant has entered into an approved payment with the City on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this subsection, it shall send a notice of compliance to the Commission and the permit holder. ([H]k) Modification of Final Approval. (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval, Page 132 Page 18 Ordinance No. 3243-2021 Page 5 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (b) To implement a different development plan conforming to the standards for its approval; (2) The modification application shall be subject to a public hearing and the appropriate fee as set forth in the City’s schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. ([I]l) Expiration—Extensions—Transferability. (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (3) The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one (1) year each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to grant the time extension. A permittee must request a time extension in writing, and submit any supporting materials, within ninety (90) days of the date of the administrative official’s written notice to the permittee that either the permit has lapsed under subsection (1) or that the permit has expired under subsection (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at any time within two (2) years of the date the permit was issued or the use ceased, whichever is later. A permittee may be granted time extensions not to exceed a total of two (2) years from the date of the Commission’s grant of the first time extension. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subsection. (4) A permittee who disputes the administrative official’s determination that the conditioned use has not been timely initiated or has ceased for a period of one (1) year or longer may appeal the official’s determination to the Board of Adjustment in accordance with KMC 14.20.290. If the permittee has requested a stay under subsection (3), above, the time for appeal of the administrative official’s determination of lapse or expiration shall not run until such time as the Commission has made a final decision on the request for a stay. (5) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. Page 133 Page 19 Ordinance No. 3243-2021 Page 6 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (6) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of KMC 14.20.290. ([J]m) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15 day of September, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: September 1, 2021 Enacted: September 15, 2021 Effective: October 15, 2021 Page 134 Page 20 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Vice-Mayor Bob Molloy DATE: August 26, 2021 SUBJECT: Ordinance 3243-2021 – An ordinance amending KMC 14.20.150-Conditional Use Permits to clarify roles and responsibilities in the conditional use permit process and to make housekeeping changes - Memo #1 - Introduction, Postponement and Referral The Planning & Zoning Commission, the City Council, the Board of Adjustment, and public comments have identified issues in KMC 14.20.150 Conditional use permits that should be addressed regarding roles and responsibilities. Ordinance 3243-2021 proposes to amend KMC 14.20.150 Conditional use permits to address some of these issues by clarifying the roles and responsibilities of applicants, the Planning Director, and the Planning and Zoning Commission in the conditional use permit process. The sponsor verbally presented the highlights of the proposed amendments to the Planning & Zoning Commission during Additional Public Comment at the Commission’s 8/25/21 meeting. The Commissioners were very interested in and asked pertinent questions during the discussion of the highlights of the proposed amendments. It’s the sponsor’s understanding that the Commission has no other item at present for its 9/08/21 meeting. At introduction, a request will be made for Council to postpone this ordinance to and for a public hearing at the Council’s 9/15/21 meeting, and to refer this ordinance to the Planning & Zoning Commission for a public hearing at its 9/08/21 meeting, and for the Commission to make recommendations. If the Commission requests more time, then on 9/15/18 Council could refer the ordinance again to the Commission for its 9/22/21 meeting, and postpone to Council’s 10/6/21 meeting for public hearing. There is some time; it’s the sponsor’s understanding that this ordinance later would fall off of the Council’s agenda if no vote is taken at Council’s 10/21/21 meeting. Council’s support of introduction and this referral request is respectfully requested. Page 135 Page 21 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Vice-Mayor Bob Molloy DATE: August 26, 2021 SUBJECT: Ordinance 3243-2021 – An ordinance amending KMC 14.20.150-Conditional Use Permits to clarify roles and responsibilities in the conditional use permit process and to make housekeeping changes - Memo #2 - Suppporting The Planning & Zoning Commission, the City Council, the Board of Adjustment, and public comments have identified issues in KMC 14.20.150 Conditional use permits that should be addressed regarding roles and responsibilities. Ordinance 3243-2021 addresses some of these issues. Ordinance 3243-2021 proposes to amend KMC 14.20.150 Conditional use permits by clarifying the roles and responsibilities of applicants, the Planning Director, and the Planning and Zoning Commission in the conditional use permit process and to make some housekeeping changes. The proposed amendments include the following: 1. Add final sentence to paragraph (a) Intent to clarify and state that the Commission has discretion to grant, deny, modify or revoke a Conditional Use Permit (“CUP”). 2. Add a new paragraph (b) Pre-application meeting requiring the applicant to have a pre-application meeting with the Planning Director or designee. The purpose is to ensure the application is complete and the applicant is familiar with the conditional use permit public hearing process. The review by the Planning Director is to determine that sufficient information is presented with the application to allow the Planning Commission a meaningful review, and has no bearing on whether an application should be granted or denied by the Commission. 3. Make minor changes to the paragraph on Applications regarding the contents of the application, to be consistent with the online form for the application and the practice that there be some kind of conceptual drawings for landscape and site plans and the dimensional plot plans. 4. Add a sentence to the paragraph on Applications that the application and plans will be posted to the City’s website when the meeting packet is posted to the website. The City Page 136 Page 22 Page 2 of 2 Clerk and Administration would create a page to list public hearings coming up on applications with a link to the applications and plans. 5. Add to the paragraph on Public Hearings the requirement that the applicant or representative must be present in person or by remote electronic device to present the application and the applicant’s case. 6. Clarify the second condition or criteria of the Review Criteria to provide that the value is the economic and non-economic value, so the second criteria is that the economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired. 7. Add a paragraph to the Review Criteria which further clarifies the Commission’s discretion to the effect that: The Commission may approve, approve with conditions, or deny the application. The Commission will make findings on the six criteria in its decision. Any other relevant evidence may be considered by the Commission in its decision. 8. Add a new paragraph on Burden of Proof, clarifying and stating that the applicant has the burden of proof to show that the six review conditions or criteria are satisfied. 9. Add a new paragraph on Staff report, clarifying and stating that the Planning Director or designee will provide a staff report. The staff may include a recommendation and proposed findings on whether the requirements of this Code have been satusfied and whether any additional specific conditions are recommended. The Commission may consider the recommendations of the Planning Director or designee, but does not have to defer to the staff’s recommendation. The staff report does not relieve the applicant from the applicant’s burden of proof. Council’s consideration and support of Ordinance 3243-2021 is respectfully requested. Page 137 Page 23 Kenai City Council - Regular Meeting Page 1 of 4 September 01, 2021 Kenai City Council - Regular Meeting September 01, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY BY SUBSTITUTE. Ordinance No. 3234-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Amending the City’s Professional Services Agreement with HDL Engineering Consultants, Accepting Grant Funding from the Federal Aviation Administration, and Issuing a Purchase Order for Construction of the 2021 Airfield Drainage Rehabilitation Project at the Kenai Municipal Airport. (Administration) • SUBSTITUTE Ordinance No. 3234-2021 2. ENACTED UNANIMOUSLY. Ordinance No. 3235-2021 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3236-2021 - Amending the Official Zoning Map by Rezoning T 5N R 11W Sec 6 Seward Meridian KN North 150 Ft of Govt Lot 34 from Suburban Residential to General Commercial. (Administration) Page 24 Kenai City Council - Regular Meeting Page 2 of 4 September 01, 2021 4. ENACTED AS AMENDED. Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. (Administration) 5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3244-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, awarding a Construction Contract, and Authorizing the Issuance of a Purchase Order for the 2021 Bryson Avenue Bluff Erosion Repair Project. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-56 - Approving the Vacation of 10’ Utility Easements Along the Side Lot Lines of Lots, 19, 20, 21, Block 13, Carl F. Ahlstrom Subdivision (Plat KN-216) and Lot 22a, Block 13, Carl F. Ahlstrom Subdivision RPM's Replat (Plat KN-2017-66) Excluding the 15 Feet Adjoining Kenai Spur Highway and the 10 Feet Adjoining the Northeast Boundary, and as Set Forth on the Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 18, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to Marijuana License Renewals for Kenai River Cannabis, Herban Extracts, LLC, and Peninsula Botanicals. (City Clerk) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3238-2021 - Accepting and Appropriating an Interlibrary Cooperation Grant from the Alaska State Library for the Kenai Community Library Storywalk® Project. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3239-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant From the Department of Justice Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase of Forensic Software. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3240-2021 - Amending Kenai Municipal Code Section 23.55.030 – Qualification Pay, to Amend the Salary Ranges to Accurately Reflect Recognition Pay and Entitlements. (Administration) Page 25 Kenai City Council - Regular Meeting Page 3 of 4 September 01, 2021 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3241-2021 - Declaring that, T 5N R 11W Sec 6 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 8, Also Known as 604 Inlet Street, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was Peter F. Mysing, Whose Address is, PO Box 8134, Nikiski, Alaska, 99635-8134 and Estate of Peter F. Mysing CO/ Dale Dolifka, PO Box 498, Soldotna, AK, 99669-0498, Shall be Retained by the City of Kenai for a Public Purpose. (Administration) 7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3242-2021 - Declaring that, T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 20, Also Known as 905 Mission Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records Was Keith K. Knight, General Delivery, Kenai, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. (Administration) 8. INTRODUCED AND PUBLIC HEARING POSTPONED UNTIL 9/15/2021. Ordinance No. 3243-2021 - Amending Kenai Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. (Vice Mayor Molloy) 9. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/15/2021. *Ordinance No. 3245-2021 - Authorizing a Budget Transfer in and Increasing Estimated Revenues and Appropriations in the Congregate Housing Fund for the Purchase and Installation of Equipment to Provide Residents Basic Television and Wireless Internet Service. (Administration) 10. APPROVED CHANGE OF MEETING TIME TO 3:00 P.M. Action/Approval - Revise the Council on Aging Meeting Time, Pursuant to Policy, from 4:30 p.m. to 3:00 p.m. (City Clerk) 11. Discussion - Set the Process for the Hiring a City Clerk. (Mayor Gabriel) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS Page 26 Kenai City Council - Regular Meeting Page 4 of 4 September 01, 2021 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS 1. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) [Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September 15 Council Meeting for a second public hearing. A motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Kenai Historical Society Newsletter - August 2021 The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/81610177632 Meeting ID: 816 1017 7632 Passcode: 237472 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 816 1017 7632 Passcode: 237472 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67