Loading...
HomeMy WebLinkAboutOrdinance No. 3243-2021_____________________________________________________________________________________ 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 September 8, 2021 the Planning and Zoning Commission met and recommended the City Council enact this Ordinance with amendments. 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: 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. 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. If the applicant or representative is not present at the scheduled public hearing and has not provided reasonable timely notice of unavailability to the Planning Department or Commission, the application will be dismissed by the Commission without a public hearing and the applicant may reapply at any time after paying a new application fee. ([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, dismiss, 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 Ordinance No. 3243-2021 Page 4 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 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, or notifies the permit holder of a potential violation in writing, the administrative official [IT] shall send any notice of compliance or notice of violation to the Commission and the permit holder in a timely manner. ([H]k) Modification of Final Approval. Ordinance No. 3243-2021 Page 5 of 6 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (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, (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 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. 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 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. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: September 9, 2021 SUBJECT: Ordinance 3243-2021- KMC 14.20.150- Conditional Use Permits The Planning and Zoning Commission met on September 8, 2021 to consider Ordinance 3243- 2021 and recommended Council enact the Ordinance with two amendments. I request Council move to amend Ordinance 3243-2021 by amending the last Whereas Clause to read: “WHEREAS, on September 8, 2021 the Planning and Zoning Commission met and recommended the City Council enact this Ordinance with amendments.” The Commission moved to amend the new section (d) of KMC 14.20.150 to read as follows (new language in red): ([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. If the applicant or representative is not present at the scheduled public hearing and has not provided reasonable timely notice of unavailability to the Planning Department or Commission, the application will be dismissed by the Commission without a public hearing and the applicant may reapply at any time after paying a new application fee. This amendment will require a further modification in subsection (e) as provided below: ([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; Page 2 of 3 (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, dismiss 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. The Commission recommended this change to provide direction and clarity for the process if an applicant or representative is not present for the hearing. Reasonable timely notice depends on the circumstances, allowing for flexibility in emergency or exigent circumstances. The application fee for a conditional use permit is $250 as provided in the City’s Fee Schedule. The Commission also expressed a desire to be notified of any written notices of violations provided to conditional use permit holders. The Commission moved to amend the new section (j) of KMC 14.20.150 to read as follows (new language in red): ([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 Page 3 of 3 official determines the permit holder is in compliance with the conditions in this subsection, or notifies the permit holder of a potential violation in writing, the administrative official [IT] shall send any notice of compliance or notice of violation to the Commission and the permit holder in a timely manner. JC KE;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; a~. . 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 2of6 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 discretiona ry. {!;U Pre-Application Meeting . Eve ry conditional use permit a pplicant must contact the Plannin g Director for a pre-a pplication meetin g with the Plannin g Director or designee before the app lication is submitted to the Commission in order to ensure a pp lications are com p lete and the a pplicant is familiar with the conditional use permit p ublic hearing p rocess. If an application is determined to be incom plete by the Plannin g Director. the a pplication ma y be re~submitted to the Plannin g Director with changes or new information as man y times as necessa ry, or the applicant may re quest a review with the City Manager whose determination shall be final. The review by the Planning Director is to determine that sufficient information is p resented to allow the Commission a meaningful review . and has no bearing on whether an a pp lication should be granted or denied by the Commission. ([B}Q) 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 p erty owner if not the a pp licant; (2) Verification by the owner of the property concerned if other than the applicant; (3) The street address and [A] f! 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 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. New Text Underlined; (DELETED TEXT BRACKETED] Resolution No. PZ2021-34 Page 3of6 The a pp lication and its plans shall be posted to the City's website at time of publication of Commission packet. ([CJ~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 a pp licant or re presentative of the a pp licant must be present in person or by remote device for the app lication to be considered at the public hearing . If the a pp licant or re presentative is not present at the scheduled public hearing and has not provided reasonable timel y notice of unavailability to the Plannin g Department or Commission . the a pp lication will be dismissed by the Commission without a public hearing and the a pp licant ma y rea pply at an y time after pa yin 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 ~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; Q} 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 a pp rove . a pp rove with conditions , dismiss. or deny the a pp lication. The Commission must make specific findin gs in its decision addressing all six of the re quired criteria stated above. An y relevant evidence ma y be considered by the Commission in its decision. New Text Underlined; [DELETED TEXT BRACKETED) Resolution No. PZ2021~34 Page 4of6 (f} 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 mig ht accept as adeq uate 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 mav contain anv information deemed pertinent b v the Planning Director or designee , and ma y include a recommendation and proposed findin gs on whether the req uirements of this Chap ter have been met and whether an y additional s pecific conditions are recommended. The Commission ma y consider the recommendations of the Planning Director or designee. but shall accord it no deference. The staff re port does not relieve the a pplicant's burden of proof. ([E]b.) 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]) 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 ~older 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 New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. PZ2021-34 Page 5 of 6 the conditions in this subsection, or notifies the permit holder of a potential violation in writin g, the administrative official [IT] shall send am notice of compliance or notice of violation to the Commission and the permit holder in a timel y manner. ([H]!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, 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 !l} 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. New Text Underline<!; [DELETED TEXT BRACKETED) Resolution No. PZ2021-34 Page 6 of 6 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. 6) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of KMC 14.20.290. ([JJ!!J.) 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 AIT, CHAIRPERSON ATTEST: New Text Underlined: [DELETED TEXT BRACKETED]