HomeMy WebLinkAbout1995-05-10 P&Z Minutes~-~
***A WORK SESSION WITH THE HISTORIC DISTRICT BOARD***
WILL BEGIN AT 6:00 P,M.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers 210 Fidal o Kenai Alaska
May 10, 1995
7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES April 26, 1995
4. PERSONS PRESENT SCHEDULED TO BE HEARD
S. PLANNING
~ a. Resolution PZ 95-20: Richka Creek
~ ~~ b. Resolution PZ 95-25: Landscape/Site Plan Review
t~~ New Life Assembly of God Church
~~
6. PUBLIC HEARINGS
7. NEW BUSINESS
a. Comprehensive Plan Review -Planning & Zoning Procedures, and
Social, Cultural and Educational Facilities
8. OLD BUSINESS
9. CODE ENFORCEMENT REMS
10. REPORTS
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED
12. INFORMATION ITEMS
13. COMMISSION COMMENTS & QUESTIONS
14. ADJOURNMENT
CITY OF KENAI
PLANNING AND ZONING COMMISSION
""'MINUTES"`
Council Chambers 210 Fidalgo, Kenai, Alaska
May 10, 1995
7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL
Members present: Ron Goecke; Teresa Werner-Quade; Phil Bryson; Kevin Walker;
Karen Mahurin
Members absent: Carl Glick; Bill Toppa
Also present: Jack La Shot, City Engineer; Loretta Harvey, Administrative
Assistant
2. APPROVAL OF AGENDA
MOTION AND VOTE:
Phil Bryson MOVED for approval of agenda as presented and asked for
UNANIMOUS CONSENT, Ron Goecke SECONDED. AGENDA APPROVED BY
UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES April 2fi, 1995
MOTION AND VOTE:
Ron Goecke MOVED for approval of minutes as presented and asked for
UNANIMOUS CONSENT. Teresa Werner Quade SECONDED. MINUTES
APPROVED BY UNANIMOUS CONSENT.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
5. PLANNING
a. Resolution PZ 95-20: Richka Creek
MOTION:
Ron Goecke MOVED to bring PZ 95-20 from the table for action. Teresa Werner-
Quade SECONDED.
Planning & Zoning Commission
~ ~ May 10, 1995
Page 1
Jack La Shot reported that the Borough has already dealt with this plat. The Borough
~~ felt the City had not commented on the plat and they approved it. La Shot noted the
Commission is just advisory to the Borough so action taken on the plat by P&Z would
probably be moot, at this point.
PUBLIC COMMENT:
Kristine Schmidt, 513 Ash, said she represents the non-profit corporation Protect
Woodland Inc. There are about 30 members of the group, same of whom have
testified in apposition of the proposed subdivision. At the April 12th meeting the
Commission did not approve the original subdivision plat, the builder appealed it and a
Board of Adjustment Hearing has been scheduled. After the April 12th meeting the
builder filed another plat which was before the Commission tonight.
There are several options the committee is pursuing to stop the development. They
are trying to purchase the property, or have the city purchase it, and circulating two
petitions, for a voter initiative. Schmidt handed in a copy of the petition (attached).
She no#ed people are so opposed to the subdivision they are asking for a two year
moratorium on any development around the airport. The petition would amend the
code under the section that requires 50 or more registered voters to amend the code.
The committee has also filed a lawsuit to stop the developmen# on the grounds it will
increase airport noise, dust and traffic, and other nuisances. Schmidt had attended
the Borough meeting and was surprised that the Borough had taken the position that
the Commission had not denied the first plat. She feft the Commission had denied the
first plat, which is why the decision had been appealed to Council. The Borough also
considered this plat the same as the first plat. She felt if the Commission did not have
time to review new plats once an old plat was denied this would create serious
problems for the city. A plat could be denied, then totally changed and the Borough
would pass the second plat.
The city has the right to cloud the title to the plat if it is not considered a legal plat.
The Borough code points out the builder should work with the city on approval of
plats. She felt this meant the City was not just advisory.
Schmidt had prepared a letter (attached} and pointed out several items of concern,
including: increasing airport noise,- including float plane basin noise; dust from gravel
subdivision roads; increasing traffic hazards, etc. She also noted the applicant has
not shown that he is the owner of the property or the owner's agent. She felt if the
plat was approved by the Commission they should place restrictions as allowed by
KMC 14.10.070 (f). She concluded that the Borough does not review plats for
compliance to City ordinances, which could be a problem in the future.
Planning & Zoning Commission
May 10, 1995
Page 2
George Silides, 508 Ash, noted he had sent several letters regarding the proposed
subdivision to the Commission. He also agreed with everything Kristine Schmidt had
said. Silides said he was a surveyor and had never heard of a Borough rejecting the
opinions of a first class city. He felt access to lots 8 & 9 would create a trespass and
a nuisance. He felt it was the Commissions duty to prevent problems for the
community "down the road". Silides felt if the Commission approved the plat as
presented they would be creating future problems.
Gus Rodes, 207 Birch, expressed concern that the Borough had determined the city
had taken no action on the plat, even though the plat had been denied by the
Commission, If the plat is approved by the Borough it would mean the City has no
authority over plats. He felt it was actions such as this that made people mistrust
government.
Michael Christian, 613 Maple Drive, stated he had a flew problems with the plat. One
was the 30' access off Fifth, which was one of the major objections to the plat. This
small access will not be used, people will still use Birch. If people are to use
Floatplane Road, that road will have to be upgraded. Also, the back road, along
Evancoe Drive has no sewer connection, which means all lots will have on-site
systems. He did not feel that future residents will be happy with the way this is set
up.
Sherry McBride, 1111 5th Avenue, said there are lots of kids in the neighborhood. If
Fifth Avenue is used as an access to the subdivision it would create a real problem.
Presently the road is anon-commercial road, and the proposed road would be three
feet from her house. Right now the heavy equipment makes her house shake, and
she is fearful it might collapse. It is an older home, and it cannot withstand the heavy
traffic this subdivision would create.
Barb Christian, 613 Maple Drive, expressed concern that many ofi the lots slope
toward the creek and have very little building space. She was opposed to the
subdivision.
Kathy King, 605 Maple, agreed with previous testimony and asked the Commission to
not approve the plat.
Ginger Baktuit expressed support fior what others had said. She was very concerned
and angry that the Borough will not take the advice of the city and felt the city should
look closely into developing codes which might change this.
END PUBLIC COMMENTo
Planning & Zoning Commission
May 10, 1995
Page 3
ll COMMISSION COMMENTS. - -
J Karen Mahurin said she had the same concerns as 2 weeks before. She felt the
applicant may intend to put in multi-family dwellings, which are not consistent with the
integrity of the neighborhood. She was also concerned about the clear cutting of lots,
burying of trees and overburden, and an site septic systems for some lots. She said
she would have to vote her conscious which would mean she would vote no.
Teresa Werner-Quads asked staff which lots would not be serviced by city water and
sewer.
Jack La Shot said the lots along Evancoe Drive will have on-site sewer service. The
developer has indicated he will pave the streets in the subdivision, and the plat will not
be finalized and filed until a letter is received from the City Engineer stating that
installations are complete.
Chairperson Walker expressed strong objections to the builder not providing sewer to
ail lots, and agreed ail streets should be paved. He also was concerned that lots 8
and 9 had no access.
Teresa Werner-Quads said she had two questions for Mr. Hall.
Chairperson Walker noted Mr. Hall was not in the audience. There were no further
' ~ Commission comments. Walker called for the votes, first of bringing item to the table
and then on approval of the item.
VOTE TO BRING REM OFF TABLE FOR ACTION:
BRYSON CLICK GOECKE MAHURiN TOPPA WALKER Wr^RNER-
QUADE
ABSTAIN ABSENT YES YES ABSENT YES YES
MOTION PASSES UNANIMOUSLY
VOTE TO APPROVE PZ 95-2Q: RICHKA PARK ESTATES SJD PLAT
BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER-
DUADE
ABSTAIN ABSENT NO NO ABSENT NO NO
Planning & zoning Commission
May 10, 1995
Psge 4
MOTION FAILS UNANIMOUSLY.
Chairperson Walker thanked the public for their testimony and asked for a brief recess
from 8:10 p.m. to 8:25 p.m.
b. Resolution PZ 95-25: Landscape/Site Plan Review
New Life Assembly of God Church
MOTION:
Ron Goecke MOVED to approve PZ 95-25. Karen Mahurin SECONDED.
Jack La Shot reported a new site plan had been submitted since the packets were
mailed.
Peter Klauder noted the changes was based on the zoning code. There are two
different methods to arrive at the required amount of parking spaces for this zone, one
is based on fixed seating and the other is based on square footage. The existing
church has fixed seating and the proposed new sanctuary will have removable
seating. One definition requires 130 spaces and the other requires 103. On the
original plan he drafted there were not enough parking spaces. At present there will
be large planters in front of the church and alE indicated drainage areas are grassed.
He said he would talk to his client about some type of Landscaping.
Phil Bryson asked that a legal description be added to the resolution, for clarification.
Chairman Walker asked for concurrence from motion maker and second. Both parties
concurred.
Karen Mahurin expressed concern that since this property is along the Spur Highway
she would like to see some trees if possible.
VOTE:
BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER-
QUAn>E
YES ABSENT YES YES ABSENT YES YES
MOTION PASSES UNANIMOUSLY.
Planning & Zoning Commission
May 10, 1995
Page 5
fi. PUBLIC HEARINGS
7. NEW BUSINESS
a. Comprehensive Plan Review -Planning & Zoning Procedures, and
Social, Cultural and Educational Facilities
Due to time constraints this item was moved to the next agenda.
8. OLD B SINESS
9. CODE ENFORCEMENT ITEMS
1 Q. REPORTS
a. City Council -Not available, Councilman Smalley at Budget Work Session.
b. Borough Planning
Phil Bryson noted the Commission approved the Richka Park Estates pla#. He
explained when zoning powers were given by the State, the Borough retained ail
platting powers. The Borough considered the resubmittal of the plat as a response to
the denial of the rezoning. The second plat conformed to City zoning codes,
} therefore, the Borough approved it. The Borough also did not feel the City had the
right to deny the plat. Bryson added he believed the plat has been appealed to the
Assembly level.
Chairman Walker expressed concern that the Borough Planning Commission did not
seem to take P&Z's objections under consideration. He hoped the Assembly would
hear the Commission's and public's comments regarding this issue.
c. Administration
Jack La Shot reported there are presently three public hearings scheduled for the next
Commission meeting. Also, a conditional use permit for extraction of mineral
resources may be forthcoming, after the Spur Highway job is bid.
11. PERSONS PRESENT NOT SCHEDULED
Planning & Zoning Commission
'~ May 10, 1995
Page 6
12. INFORMATION ITEMS -
Teresa Werner-Quads had asked that a one page summary of the Work Session to
discuss the dune erosion on the beach be given to the Commission. The nine areas
discussed were: restrooms; dumpsters; walkways; rope off; signage; restoration;
parking; ordinance; and enforcement.
13. COMMISSION COMMENTS & UESTIONS
Teresa Werner-Quads expressed concern over P&Z's status in making planning and
zoning decisions for the city. She felt the plans for a camping site on the Floatplane
Basin should have come before the Commission for review.
Jack La Shot explained the plans went from the Airport Commission to Councif, as this
was an allowable use in the zone where the park will be.
Rvn Goecke felt the park should be open to all residents of the city, as it was funded
by taxpayer dollars.
Phil Bryson noted some items in the zoning code which needed clarification. One was
the need for secondary use to be defined, in reference to the Land Use Table. Also a
clarification of when a Conditional Use Permit is required need to be better addressed
in the table.
Karen Mahurin questioned what the future process will be for the Commission to
communicate with the Borough regarding plats. If the city does not having platting
powers, why should they review plats at all? Can the city get platting authority?
Also she asked that the city notify the Commission if the borough's decision was
appealed to the Assembly.
Kevin Walker asked that the Commission be notifiied if an appeal is filed for the plat.
He was concerned that a 2nd Class Borough would not take under advisement a First
Class City.
14. AD.iOURNMENT
There being no further business the meeting was adjourned at approximately 8:12
p.m.
Respe tfully subm' d,
tta~E: HaN
Punning & Zoning Cammissian
1 May 10, 1995
! Page 7
o~ .
Kristine A. Schmidt
Attorney at Law
110 South Willow Street, Suite 101
Kenai, Alaska 99611 ~a~$~ ~ ~ rp~~t,
(907) 283-7373 / (907} 283-2835 facsimile ~ ry ~ ~~~
~~
May 10, 1995 ~~~ 1~
~ art ~/
City of Kenai, Planning and Zoning Commission
210 Fidalgo Ave
Kenai, AK 99611
Re: Resolution PZ 95-20 -Richka Park Estates Subdivision
Dear Commission members:
I represent the Committee to Protect Woodland, Inc., a nonprofit corporation
formed by 15 families who own homes in Woodland Subdivision, many of whom
have testified in front of you during your last three meetings about the proposed
Richka Park Estates subdivision project. On April 13, 1995, the subdivision
developer filed an .appeal from your April 12, 1995 decision to deny approval of the
first plat (Resolution PZ 95-14) with the Kenai City Council. The Council set a
hearing on this appeal for May 13, 1995. The developer also filed a new plat,
` } consistent with an RR zone, with the City on or about April 13, 1995: This second
plat is before you far approval with Resolution PZ 95-20, at your meeting on May 10,
1995.
My clients are trying several options to cure their objections to this
subdivision, including (I) negotiating to purchase part of the property from the
owner (the 5 acres west of Richka Creek), (2} negotiating to purchase all of the
property from the owner, (3) petitioning the City to buy the property at a fair price
for airport buffer zone, and {4} circulating two petitions, one to the Planning and
Zoning .Commission pursuant to KMC 14.20.270, and one voter initiative petition
under the City Charter,- for a moratorium on development around the airport, until
City residents and the City can work together to find a solution to the airport noise
problem, and to the problems that my clients have testified to regarding this
development.
The Committee has also filed a lawsuit, to stop the proposed high intensity
development of Phis property, on the basis that such development will damage
adjacent property owners by (1) increasing airport noise, including float plane basin
noise, (2) dust from gravel subdivision roads, (3) increasing traffic hazards, among
other nuisances.
I attended the May 8, 1995 Kenai Peninsula Borough Planning and Zoning
i' ~ Commission meeting to request that that Commission postpone action on the
an agent of person having control of the property. This developer is not the owner
of the property, and does not have permission to be on the property.
There may also be other violations of the code which will be raised in the
meeting on May 10, 1995.
2. The subdivision should not be approved without limitations on lot size,
building type, and clearcutting of trees, and road access. If the Commissioners do
vote to approve the second plat, in spite of almost unanimous testimony against it,
the Commission should at least place restrictions on the rezoning and plat, as
authorized by KMC 14.10.070(f), as follows:
(1) the buildings be limited to single family residences, to conform to
adjacent property development; otherwise, the character and value of
adjoining property, particularly in Woadland Subdivision, will be
depreciated;
(2} that trees be left standing which are within at least 25 feet of the lot
lines, or that no more than 50% of vegetation be removed, to protect
adjoining property from noise and dust nuisance and depreciation of
value;
(3) an alternative access road, besides Beech Avenue, be built.
(4) The Commission should also require that lots 7, 8 and 9 of the
development on the west side of Richka Creek be deleted or the
subdivision reconfigured, since in their current configuration there is
~~ no road frontage for lots 8 and 9, and insufficient ingress and egress to
those lots. Also, because the driveways are so narrow, there is the
potential for trespass on adjoining lots.
3. New development in the Kenai airport noise zone will be harmful to
residents of Woodland subdivision and o#her residential areas near the airport.
This property is the last and only buffer area between Woodland Subdivision and
other residential areas and the Kenai airport and float plane basin. The City of
Kenai removed the only other buffer area to build the extremely noisy float plane
basin. The City of Kenai should condemn this property and purchase it for a fair
price from the owner as an airport buffer area, rather than allow another high
intensity subdivision development. The Ciry has already been sued over increased
airport noise, and the risk to Kenai taxpayers of more suits because of the increase in
airport noise over the last few years will only increase as the City approves marginal
developments such as this one.
4. The infrastructure cannot currently support this high density development.
The water system in this area has very poor quality water and water pressure.
This high density development will only add to this problem.
Thank you for consideration of this submission.
3
ORDINANCE
AMENDING THE CITY OF KENAI PLANNING AND ZONING AND BUILDING
PERMIT CODES
i n 1. The Kenai Planning and Zoning code, Sec. 14.20.030, and the official zoning map, is
amended to establish the Airport Zone, which encompasses an area described as faIlows: Sections 2$, 29,
30, 3i, 32, 33, T6N, R11W, and Sections 4, S and 6, TSN, R11W, S.M., Kenai Recording District,
Third Judicial District, State of Alaska. This zone overlays all other zones established in this area under
the Kenai Zoning Code.
ion 2. For a period of two years from the date of enactment of this ordinance by the voters, or
two years from the date of enactment on an ordinance by the Kenai City Council pursuant to the City of
Kenai Charter, Article 11, Sec. 11-3, no action shall be taken under the Kenai Planning and Zoning Code,
Title 14„ by the Kenai City Council; or any board, commission or employee of the City of Kenai, in the
Airport Zone, or the area described as Sections 28, 29, 30, 31, 32, 33, T6N, R11 W, and Sections ~l, 5
and 6, T5N, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska.
Section 3, If any provision of this ordinance is found to be illegal, void or unenforceable as a
matter of law, that provision shall be severed from the rest of this ordinance.
TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and Che Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
TO: PLANNING AND ZONING COMMISSION
PETITION TQ AMEND CITY OF KENAI CODE
} The undersigned, resident{s} of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Comanission and the Kenai City Council, pursuant to KMC 14.2Q.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
Date Name (s~ n, pant) Residence Address
TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to fire
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.27D. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
,Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
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TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAT CODE
The undersigned, residents} of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.27p. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
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TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, residents} of the City o#' Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
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TO: PLANNING AND ZONING COMMISSION
PETITION TO- ,4MEND CITY OF KENAI CODE
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The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 1.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
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TO: PLANNING AND ZONING COMMISSION
PETYTION TO AMEND CYTY OF KENAI CODE
The undersigned, residents} of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
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PETITION TO AMEND CITY OF KENAI CODE
The undersigned, residents} of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium an action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning
activities in this zone.
Date am1~e s~ n, rent ddress
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boazds, commissions and employees regarding planning and zoning~~~
activities in this zone,
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TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning ~-
activities in this zone.
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PETITION TO AMEND CITY OF KENAI CODE
The undersigned, residents} of the-City of Kenai, hereby submit the attached ordinance to the
PIanning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270, This
/ ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning
activities in this zone.
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TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, residents} of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 14.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium on action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
ate ame s~ n, rant Residence Address
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TO: PLANNING AND ZONING COMMISSION
PETITION TO AMEND CITY OF KENAI CODE
The undersigned, resident(s) of the City of Kenai, hereby submit the attached ordinance to the
Planning and Zoning Commission and the Kenai City Council, pursuant to KMC 1.20.270. This
ordinance establishes a Kenai airport zone, and imposes a two year moratorium an action by the City of
Kenai and its boards, commissions and employees regarding planning and zoning activities in this zone.
Date ame si n, rent es~dence Address
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