HomeMy WebLinkAboutResolution No. PZ2021-34JC
K~NAI
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 Munici pal Code 14.20.150: That Kenai
Municipal Code, Section 14.20.150 ~ Conditional Use Permits, is hereby amended as follows:
Resolution No. PZ2021-34
Page 2 of 6
14.20.150 Conditional [U]Use [P]f.ermits~
(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 discretiona ry .
(Q} Pre-A pplication Meetin g. Eve ry conditional use permit a pp licant must contact the Plannin g
Director for a pre-a pp lication meetin g with the Plannin g Director or desi g nee before the
app lication is submitted to the Commission in order to ensure app lications are com plete and
the app licant is familiar with the conditional use permit public hearin g process. If an app lication
is determined to be incom plete by the Plannin g Director, the app lication ma y be re-submitted to
the Plannin g Director with chan g es or new information as man y times as necessa ry, or the
app licant ma y re q uest a review with the Ci ty Mana ger whose determination shall be final. The
review by the Plannin g Director is to determine that sufficient information is presented to allow
the Commission a meanin gful review , and has no bearin g on whether an a pp lication should be
g ranted or denied by the Commission.
([B]~) 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 pro perty
owner if not the app licant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) The street address and [A] g 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, conce ptual drawin g 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.
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Resolution No. PZ2021-34
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The app lication and its p lans shall be posted to the Cit y's website at time of publication
of Commission packet.
([C].Q) 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 a pp licant or re presentative of
the a pp licant must be present in person or by remote device for the a pp lication to be
considered at the public hearin g . If the app licant or re presentative is not present at the
scheduled public hearin g and has not provided reasonable timel y notice of unavailability to
the Plannin g De partment or Commission , the a pp lication will be dismissed by the
Commission without a p ublic hearin g and the a pp licant ma y rea pp ly at an y time after payin g
a new a pp lication fee.
([D]~) Review Criteria. Prior to granting a conditional use permit, it shall be established
that the use satisfies fill_the following [CONDITIONS] criteria:
.1.) The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
£)_ The economic and non-economic value of the adjoining property and neighborhood
will not be significantly impaired;
~ The proposed use is in harmony with the Comprehensive Plan;
~ Public services and facilities are adequate to serve the proposed use;
fil The proposed use will not be harmful to the public safety, health or welfare; and
fil 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 ma y app rove , a pp rove with conditions . dismiss , or den y the a pp lication.
The Commission must make specific findin gs in its decision addressin g all six of the re q uired
criteria stated above. An y relevant evidence ma y be considered by the Commission in its
decision.
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Resolution No. PZ2021-34
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(fl Burden of Proof. The a pp licant for a conditional use permit has the burden to show
Qy substantial evidence that the six criteria above are satisfied. Substantial evidence is such
relevant evidence a reasonable mind mi g ht acce pt as adeq uate to su pp ort a conclusion.
(g) Staff Re port. The Plannin g Director or designee will provide a staff re port on the application
to the Commission at the public hearin g. The staff re port ma v contain an y information
deemed pertinent b y the Plannin g Director or designee . and ma y include a recommendation and
proposed findin gs on whether the re quirements of this Cha pter have been met and whether
an y additional specific conditions are recommended. The Commission ma y consider the
recommendations of the Plannin g Director or desiqnee. but shall accord it no deference. The
staff re port 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.
([Gli) 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
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Resolution No. PZ2021-34
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the conditions in this subsection, or notifies the permit holder of a potential violation in
writin g, the administrative official [In shall send a.oy notice of compliance or notice of
violation to the Commission and the permit holder in a timel y manner.
([H]k) Modification of Final Approval .
.1.l 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,
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.
([l]I) 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 ill or that the permit has expired under
subsection ill 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.
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Resolution No. PZ2021-34
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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 Q}, 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.
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 . \j kk
JEFF AIT, CHAIRPERSON
ATTEST:
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Cily of Kenai I 210 Fidalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.cily
MEMORAN DU M
TO:
FROM:
Planning and Zoning Commission
Ryan Foster, Planning Director
September 1, 2021 DATE:
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
l
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 2 of 2
The City of Kenai I www.kenai.city
Sponsored by: Vice Mayor Molloy
KI;NAI
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 Munici pal Code 14.20.150: That Kenai
Municipal Code, Section 14.20.150-Conditional Use Permits, is hereby amended as follows:
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Page 129
Ordinance No. 3243-2021
Page 2of6
14.20.150 Conditional [U]Use [P]fermits.
(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 g rant ,
denial . modification . or revocation of a conditional use permit is discretiona ry .
(b ) Pre-A pp lication Meetin g. Every conditional use permit a pp licant must contact the Planning
Director for a pre-a pp lication meetin g with the Plannin g Director or desi g nee before the
a pp lication is submitted to the Commission in order to ensure app lications are com plete and
the a pp licant is familiar with the conditional use permit public hearin g process. If an a pp lication
is determined to be incom plete by the Plannin g Director, the app lication ma y be re-submitted to
the Plannin g Director with chan ges or new information as man y times as necessary, or the
a pp licant ma y re q uest a review with the City Manag er whose determination shall be final. The
review by the Plannin g Director is to determine that sufficient information is presented to allow
the Commission a meanin gful review . and has no bearin g on whether an a pp lication should be
g ranted or denied by the Commission.
([Bl£) 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 pro perty owner if
not the app licant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) The street address and [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, conce ptual drawin g 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.
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Page 130
Ordinance No. 3243-2021
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The a pp lication and its plans shall be posted to the Cit y's website at time of publication of
Commission packet.
([C].Q) 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 app licant or re presentative of the
a pp licant must be present in person or by remote device for the a pp lication to be considered
at the p ublic hearin g.
([DJ~) Review Criteria. Prior to granting a conditional use permit, it shall be established that
the use satisfies ~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 ma y a pp rove , app rove with conditions , or den y the a pp lication. The
Commission must make s pecific findin gs in its decision addressin g all six of the re quired criteria
stated above. An y relevant evidence ma y be considered by the Commission in its decision.
(f ) Burden of Proof. The app licant 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 mi g ht acce pt as ade q uate to su pp ort a conclusion.
(g) Staff Report. The Plannin g Director or designee will provide a staff re port on the application to
the Commission at the p ublic hearing . The staff re port ma v contain an v information deemed
pertinent b y the Plannin g Director or designee . and ma y include a recommendation and pro posed
findin gs on whether the re quirements of this Cha pter have been met and whether an y additional
specific conditions are recommended. The Commission ma y consider the recommendations of
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Ordinance No. 3243-2021
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the Plannin g Director or designee . but shall accord it no deference. The staff re port 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]i) 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.
([HJ!s) 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,
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Ordinance No. 3243-2021
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(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]!) 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 ill or that the permit has expired under
subsection .{£} 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
.(fil, 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.
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Ordinance No. 3243-2021
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(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 1.15.0?0(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.
ATTEST:
Jamie Heinz, MMC, City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: October 15, 2021
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City of Kenai I 210 l=idalgo Ave , Kenai , AK 99611 -77941907.283.7535 I www.kenai .city
MEMORA NDU M
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
City of Kenai I 210 ~idalgo Ave , Kenai, AK 99611-77941907.283.7535 I www.kenai.city
MEM ORAND UM
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
applicat ion, 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
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.
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The City of Kenai I www.kenai.city