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HomeMy WebLinkAbout2012-02-08 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 8, 2012 - 7:00 p.m. Work Session Begin Review of the Background Report for the Comprehensive Plan 6 p.m. - 7 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Agenda Approval c. Consent Agenda d. *Excused Absences ➢ Jeff Twait *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *January 25, 2012 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ12 -01 — Preliminary Plat — Lot 1, Poore Subdivision (A resubdivision of Government Lots 6 & 7, located within the SW 1/4 S6, T5N, R10W Seward Meridian) Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. b. PZ12 -02 - Section Line Easement Vacation Plat Associated with Tract A, Kenai Landing Cottages Subdivision. Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. PZ12 -03 — A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend section 14.20.145 "Recreation Zone(R)" to incorporate changes to the land use table KMC 14.22.010 for purposes of consistency. Discussion. Set public hearing. b. PZ12 -04 — A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend KMC 14.22.010 "Land Use Table," to allow Bed and Agenda February 8, 2012 Page 2 Breakfast in the Recreation Zone as permitted. Discussion. Set public hearing. c. PZ12 -05 — A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.150, "Conditional Use Permits," To expand the authority of the Planning & Zoning Commission to consider requests for extensions of permits in situations where the Conditional Use Permit has lapsed or expired due to non -use; to extend the time for extensions from 6 months to up to one (1) year each; and, to provide an express appeal process. Discussion. Set public hearing. 8. PENDING ITEMS: a. Ordinance No. 2597 -2011 — Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.) 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: February 22, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ate. CITY OF KENAI PLANNING & ZONING COMMISSION JANUARY 25, 2012 -- 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Twait called the meeting to order at approximately 7 :00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Swearing in of Commissioner Peterson Mayor Porter swore in Commissioner Kenneth Peterson and he took his seat on the dais. 1 -c. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, P. Bryson, J. Rowell, H. Knackstedt, K. Koester, K. Peterson, C. Smith Staff /Council Liaison present: Assistant Planner N. Carver, Council Member T. Navarre A quorum was present. 1 -d. Agenda Approval MOTION: Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. MOTION: Consent Agenda Commissioner Bryson MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -f. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES -- January 11, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT - None. 4. CONSIDERATION OF PLATS - None. 5. PUBLIC HEARINGS - None. 6. UNFINISHED BUSINESS - None. 7. NEW BUSINESS - None. 8. PENDING ITEMS 8 -a. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.) 9. REPORTS 9 -a. City Council - Council Member Navarre reviewed the action agenda from the January 4, 2012 Council meeting included in the packet. 9 -b. Borough Planning - Commissioner Bryson reported the meeting had been cancelled and he had no report. 9 -c. Administration - Carver noted there would be work sessions upcoming on the background information for the comprehensive plan. 10. PERSONS PRESENT NOT SCHEDULED - None. 11. INFORMATION ITEMS 11 -a. 2011 Annual CLG Report 12. NEXT MEETING ATTENDANCE NOTIFICATION -- February 8, 2012 Commissioner Twait requested an excused absence from the February 8 meeting. 13. COMMISSION COMMENTS & QUESTIONS - None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:15 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk STAFF REPORT To: Planning & Zoning Commission Date: January 26, 2012 Res: PZ12 -01 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 262 -5573 43335 Kalifornsky Beach Road, Suite #10 Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — Lot 1, Poore Subdivision A subdivision of Government Lots 6 & 7, Located within the SW % Section 6, T5N, RIOW, Seward Meridian 4300 Eagle Rock Drive 04906007 RR — Rural Residential Residential Rural Residential This plat subdivides 1.83 acres from a 55.313 acre parcel creating a new Lot 1 with the remaining acreage being unsubdivided. The property is located in the Rural Residential zone. The minimum lot size in the zone is 20,000 square feet. The new lot exceeds the minimum lot size for the zone and meets all other development standards for the Rural Residential zone. The property is located at the end of Eagle Rock Drive, which is a maintained road. The plat extends Eagle Rock drive so that Lot 1 has dedicated access and provides access to the boat launch located at the end of Eagle Rock Drive. The surveyor is not proposing to dedicate a cul -de -sac as any future subdivision will require extension of the right -of -way. The City will not require any future development to the dedicated access at this time because it encompasses existing developed access. The parcel is served by onsite water and sewer. An installation agreement is not required. The surveyor did not conduct an as -built survey with this plat. Based on aerial photography and other dimensions provided in the plat (60 -foot wide right -of -way), it appears the dedication of Eagle Rock Drive may create an encroachment into the required 25 -front setback. PZ 12 -01 Comments Page 2 RECOMMENDATIONS This is a simple plat that creates two parcels from one larger one. The resulting parcels meet all requirements for the Rural Residential zone. The property is located at the end of Eagle Rock Drive, which is a maintained road. The parcel is served by onsite water and sewer. An installation agreement is not required. This plat dedicates an extension of Eagle Rock Drive to provide dedicated access to Lot 1. Based on the dimensions provided in the plat, it appears the dedication may create an encroachment to the structure located on Lot 1 into the required 25 -foot front setback. Any encroachment must be rectified prior to recording of the plat. Recommend approval with the following requirements: 1. Provide verification of the distance from the structure (located on Lot 1) to the property line. This information is required to determine if an encroachment will be created with the dedication of Eagle Rock Drive. 2. If distances obtained show an encroachment will be created with the plat, an application for a variance to the front setback requirement must be submitted and approved by the Kenai Planning & Zoning Commission prior to recording of the final plat. 3. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 4. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights -of -way. 5. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 6. Renumber remaining notes accordingly. ATTACHMENTS: 1. Resolution No. PZ12 -01 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -01 the of SUBDIVISION PLAT KENAI ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached pIatLOT 1, POORE SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onJANUARY 19, 2012, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed tcthe City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. (See Contingencies.) 8. Street names designated on the plat are correct. 9. CONTINGENCIES: • See Page 2. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES LOT 1, POORE SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 8, 2012. CHAIRPERSON: ATTEST: Resolution PZ12 -01 Page 2 Contingencies: 1. Provide verification of the distance from the structure (located on Lot 1) to the property line. This information is required to determine if an encroachment will be created with the dedication of Eagle Rock Drive. 2. If distances obtained show an encroachment will be created with the plat, an application for a variance to the front setback requirement must be submitted and approved by the Kenai Planning & Zoning Commission prior to recording of the final plat. 3. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 4. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights - of -way. 5. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 6. Renumber remaining notes accordingly. N[+ 9111,TDE0 NORTH CACLCRbCI(Oil t 3 B u 161. 0 %!IM 6'00'! Z.. Lim © YAi 'TWj 0E 0F'bLl AiMlllii EIN 01lv.:A41W' �L:.: A- :'Y'bf lfieMM MiEMIT=P4711. 11111:17M CRR}7PICATA' OF RTTRVRYOR 1 heed Illy Mel; I eon ProPedY re hest .d le pra t monopole bed mosey The Slab et INWC MN plat e a n, Um male by me Mown hero actually man es M. monument* d, nd all d*er40ns ond other d.la.. erre cornet to Um namol standards m Stole oe A0 ,. rAl.yem In LUMP 911 0L0/8U1 MONUMENT RECOVERED 'rem . roe .ro. ram, 2000 GLMALM 2201AMNT OF RECORD /a r.rrar..r.e, ® PRMARY MONMENT SET Ms SURYEYrwr. rm.., ..rm., et PRIMARY MONUMENT REM% r.rr.' r.row rAer/ m PRIMARY MONUMENT OF RECORD • SECONDARY MMIUMENT SET MIS SURKYarr.rerrr.w Now, O SECONDARY M000.01T RECOVENEDr.WNr.rww...r.e, O SECONDARY MONUMENT 0' RECON0earr.,rAr•.r.e, SECONDARY M0NU1ENT a RECOROrwr.rrw.. rams, o DOT/Pr CONCRETE ROW WARMER (.rr,MIArs..e•=e.rae, A CEMERC CONTROL MONIMEM RECOSSREDr.wr.Ari.w.rre, ® CECOEOC CONTROL IMMINENT OF RECORD RECORD PER SUBUIN0ON PEAT NO. EMT! RECORD PER SISOM0ON PLAT NO. 1179. 1 1 RECORD PER SUB8N40N PEAT NO. PM" QLJ 1) 70290 4 u•• ue recreational, rrknibl agl2Mu,. aid 2) Bulen9 Setter. - Art boa of 20 NM M reorlred from a .tot MgAe -et-era) one o War .an40,4 b Meow. by 0.14.1 cn of the *790o92ale P1gm09 Cwrnmleeen. Eby hate el Alma maintained of ROW�Pe � under approved t)Frent 10 41 et V. 001809 rWael odpnnt to rights-of-my b oleo a utNlY see 000t Me permanent Mixture shad be conMructed • placed IM0n a uIIMy sawn.. shish would Interfere with the Melly of a INFRy to ur M. merriment *Me MUM MM .Dmvle01 may be located within a 44ign0led tool 6220(4 sea N such b the 0(.A development mat earl eM1A TAN 21 el Me Kea P.Feub 8•2090 Cod. el 0Mtneee, y b 4Nermlne the emotion of IM property awry he reg0tred paler to eaeNxlbn. 0)ROaa nowt meet the design and cneructIn Moeda rt*Dy20ed by the Bowgl In air to be considered for w ile.. m red incluelen In the road ma0l.nga. Keenan. EVAMIFWATFR CSPOS. 001 1. Set cond/lln4 water teem, 1.0314, red ea 4 01 m nsIt r .arteme 00.0000 dime. el ye -i a Mp ex reeidenas awl meeting the regulatory requirements el the Need Pen... O0000,. My other type et meb .ab.elr treatment and MMpae. practice In Ma., end the design t M approved registered to the Ale* Dept. 1 En*Umrewl Cnwervotbn. Engnw Usage 1 Date d el the Sne el Mem M Water • at Water fumeMe bee bored of the The approximate I e1 Mean Nlph Water or OflUy Nigh }Anlr. as Man, is for canputat 0,. Dm ontg of Um tlle rat Ube* me thek Nl n MM natural M aen 4)Portbro of ML subs.Mt. ere MM. the Kenai P.0wlo 9•.009 5011. Ahobahaue Sb.wn Heb0al Pretest. Area Dwvelapm.t may he Ordinance*. under Chair 21.18 Kenai Pn.cia BaruN9b Code of ORRTTPTC4TR OF OPWRR007P 0207 071004 1 HEREBY CERTIFY THAT 1 AM THE OWNER OF WE REAL PROPERTY SHOWN AND DESCRIBED HETEON AND THAT I HEREMY ADOPT TM PIAM OF SUBOIN40N AND BY M' FREE CONSENT DEDICATE ALL RIGNIS -OF -WAY AND PUBUC 7 ..AREAS TO PUBLIC USE AND GRANT AU. EASEMENTS 10 ME LISE NRCODA A POORE 0300 EAGLE ROC( 0L KENN, AK 99811 (PTARYS ACA1OWL80PMRNT MID WAWA A POORE SUBSCRIBED AND SAM BEFORE IE 7X10 DAY OF 2012 NOTARY PU*JC FOR ALASKA MY COMMISSION DARES_ PLAT APPROVAjr MS PLA1 WAS APP9OVE0 BY ME KENI 70000100 BOROUGH PLANNING COMMISSION AT THE MTETNG Of KEN.. PENINSULA BOROICI1 AUTHORIZED USN0AL KPB FILE No. POORE SUBDIVISION A eaedh2Mn of &Immannt Lob 8 red 7 Locet.0 .RI4n the 009/4 Section 8, 144, R10W, Sem.M Magln, City of Kenai, Kral Recording Ob0,Mt Renal Pe.* Borough. AOMka Containing 09.313 Now INTEGRITY SURVEYS, INC. 43335 K -B.0n Rd. Suite 10 S.M., Masker 99069 B ND. 21110.5 JO ORA.N: 19 Jnuar) 201 SURVEYED SCALE 200' Rao dG T 211195 79.5 STAFF REPORT To: Planning & Zoning Commission Date: January 26, 2012 Res: PZ 12 -02 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 262 -5573 43335 Kalifornsky Beach Road, Suite #10 Soldotna, AK 99669 Requested Action: Section Line Easement Vacation Plat Associated with Tract A, Kenai Landing Cottages Subdivision Legal Description: Tract A, Kenai Landing Cottages Subdivision Street Address: 2101 Bowpicker Lane KPB Parcel No.: 04901023 Existing Zoning: IH — Heavy Industrial Land Use: Commercial Land Use Plan: Industrial ANALYSIS: The owner of this property is submitting an application to State of Alaska, Department of Natural Resources, Division of Mining, Land, and Water to vacate the 66 -foot section line that runs through this property. Section line vacations must be reviewed and approved by the local platting authority and the request submitted to the State of Alaska, Department of Natural Resources. The proposed vacation is shown on the attached section line easement vacation plat. The owner proposes to provide an alternate public access via a 50 -foot public access easement. The City recommends against dedication of a right -of -way which would require development to City standards and the City would then be responsible for maintenance. The plat also dedicates a portion of the 33 -foot section line to provide dedicated access to the access easement. This is identified as Old Cannery Road. The City has reviewed the dedication and will not require development of the dedicated portion of the section line since there is already developed access to the public access easement. The vacation will eliminate a long - standing problem wherein buildings were built across the section line. These buildings are part of the original cannery and predate the City's PZ12 -02 Comments Page 2 building code requirements. RECOMMENDATIONS: This plat identifies the proposed section line vacation that transverses the Kenai Landing property. The plat also dedicates a portion of the section line to provide dedicated access to the proposed 50 -foot public access easement. The City of Kenai has reviewed the proposed section line easement vacation and alternative public access easement with the property owner and surveyor and support the proposed vacation. Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZ12 -02 2. Preliminary Plat 3. Aerial thcclyuf KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -02 SECTION LINE EASEMENT VACATION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat SECTION LINE EASEMENT VACATION PLAT ASSOCIATED WITH TRACT A, KENAI LANDING COTTAGES SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on JANUARY 26, 2012, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned 11-1 — Heavy Industrial and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES SECTION LINE EASEMENT VACATION PLAT ASSOCIATED WITH TRACT A, KENAI LANDING COTTAGES SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 8, 2012. CHAIRPERSON: ATTEST: Hoei �icAW `77t I"^° 10 C=. N 11 07 I1 — _ , (S8955'59 1) i .8+--7-r-----::::::::;- — --:': OLD CANNERY (7n.I8) J01- 23 ROAD SJ�� Lu Z o 10 a P 1 Titifl i)0 88W14. LOST 8 a (S8956'04'E 1281.65') 565.3Ta A, g a S.IEEF�O s( lT 38811080811889 0 614 • 0 (1 itErGEND 00/5.0 MONUMENT RECOVERED ow/Bed MONUMENT OF RECORD PRIMARY MONUMENT SET 116S SURVEY PRIMARY MCNUYENT RECOVERED PRIMARY MOM/MENT OF RECORD SECONDARY MONUMENT SET THIS SUMEY 5/11 DEBAR SECONDARY MONUMENT RECOVEED 5/5 MBAR 1C00ARY MONUMENT OF RECORD 5/5 REHAB SEGONDARY MONUMENT OF REODRO 5/5 DEBAR RECORD PER 110411 LANCING COTTAGES 9,OW90R PLAT N0. 2005 -29 AL TRACT AI 4.506 ocOA OLD CANNERY R �iy 33' ROW OWICATEED THIS PU _ol (58955'59'E 880.2011 CERTIFICATE VO10 HEREBY CODIFY TAT: I AM PROPERLY REGISTERED AND INCENSED TO PRACICE LAND SIJRWINC IN 151 STATE OF ALA0U, IBS PLAT RfPRE9 015 A 9. 1117 MADE BY ME OR UNDER MY DIRECT 91704110084. TE MOLIMERIS SHOWN HEREIN ACTUALLY E6ST AS DESCRIBED. AND ALL DIMEN9515 AND OTHER DETAILS ARE CORRECT TO E 6MEN90N5 AND OTHER DETAILS ARE O1RECT TO /E NORMAL STANDARDS OF PRACICE OF LOUD 5U0VE1015 IN THE STATE OF Al19Ct 11,�:4NP6Yia,T u.1a j� v `\ ■1 U�1 rF`t7- r7 p�- hyy �-'� Se�ctlm TUn` / A wr t-M Y Nba 1r (N90710'00'E 466.09) LOT 1 UNE TABLE WAKING LENGTH L1 12 H00T4D1'E 05255'4'0 552954'0 13 00. 3200' 2200' SECTION LEE EASEMENT VACATION CIIIITTLICATPLABERMIL BEGOT M*N'.T10K 10A RA TF R YAv DEPARTMENT OF ANSPDRTAIDH R PPIR44' FArv11M5 THE VACABON STATEMENT, AS DIM HEREON, HAS BEEN REWEIRO BY THE CENTRAL REGIONAL OFFICE AND 15 HEREBY RECOMMENDED FOR APPROVAL BY THE 001MS901ER. RECOMMENCED BY DATE TRIM 511040E MIFF LOOT -CF-WAY Men. STA1T CF M PR OT WARM OF MI6NG V,EIO WA4H THE RACOON STATEMENT, AS 9104E 10061, HAS OE0I 0016(6 D BY 044 641001 OF WRING, LAVA AND WATER AND 15 HEREBY RECOMMENDED FOD APPROVAL BY 100 COUIR59011ER. RECOMMENDED BY TIE; ARDBIFC11n 0VI1DI4 OF MINIM 14441 ARO WA= THE STATE OF ALASKA AC11110 BY AND TROUGH THE COMMISSIONER OF THE DEPARTMENT OF NATURAL RESOURCES AND 10 CON00911ER O' THE on.rantENT OF FACLDEL DOES HEREBY STT*10 0( PUBLIC ARE THAT THE STATE OF ALASKA VACATES AND RELEASES ALL RIGHTS AND T11LE TO ANY TURD ALL 11811015 O' SEC1DII UK EASEMENTS FOR PUBLIC HIGHWAYS RESDO0 10 E UNDER AS 19.10.010 (SPEORC AREA GETNFAIED BY DIAGONAL HATCHING ON THIS PUl) APPROVED OATS COMASSIONER INPARTYPNT OF 1RANSPGWATAION AND PUBLIC FACE/TES SECT /ON LINE EASEMENT VACAT /ONPLAT PLAT APPROVAL THIS PLAT WAS APPROVE* BY THE MIN PE*1SU1A 40140194 PLANNING COMMISSION AT THE 0011140 OF KERN PENINSULA BOROUGH A0711011I2E0 051001 l*CINITY MAP CERTIFICATE OF OWNERSHIP AND DEDICATION 1. 151 UNDERSIGNED, HEREBY CODIFY 111AT VENN LANDING INCORPORATED, IS THE OWNER OF 110 REAL PROPERTY 510054 AND DESCRIBED HEREON AND ON 6ENALF CF THE 50131 LANDING INCORPORATED, I HEREBY ADOPT THIS PLAN OF AROPAROI A140 BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND GRANT ALL FA91ER15 TO T11E USE 91091. SIEVE AOU, 0601)0 NT 9304 WONNG, INC 01) SPEDARD ROAD 91110 201 ANCHORAGE AR 4417 NOTARYS ACANOWLWDCMSNT FOR SUBSCRIBED AND MORN BETRDE ME 1X15 DAY OF 2012 NOTARY PUBLIC FOR ALASKA MY COMMISSION EMPIRES BE HEREBY CODIFY THAT RE HAVE AN EOUITY MEREST AS BENER1DAME5 04 1)E HEN_ PROPFR11 510484 AND 06CRIBED HEREON AND THAT WE 161581' *001041EOGE DRS PLAN OF 5VBOM90N JOHN 90.080, 410E PRESI0EN BU 00.9111*, PRESID9 11 NORTNRI8 BANK WARDS 001E PACKING 0400010 ROTARY'S ACA7I0NLEDCMENT FOR SUBSCRIBED AND 04001 BEFORE ME 1445 DAY OF 2012 NOTARY PUBLIC FOR ALASKA MY C6AJ1S90N EYRIES NOSERYS ACANOWLEDCUENT RAMMED ARO SINN BEFORE ME TINS DAY OF 2012 NOTARY PUBLIC FCR ALASKA Ire COMM159OU 010905 Plat • So. DIM 20 Dato ,tine 8rD Ft NQ. 2012 -77 ME OF VL4 11481 OF SURYETOR BP9Wn4q INTEGRITY (111121.01111 INC. NA*0RN9RY REACH R0. GdMq $0430.15 j10 5'OLDOITIA, AX 99660 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER SECTION LINE EASEMENT VACATION PLAT 455004TE0 NTH TAM A 16]444 LANDING COTTAGES SUBOM091 YI40 TIE $1 /A 506, 109. 0118 S 1QOAL RECORDING 6STICT, µAST* IRA N11 BY. 91 .e4 APPROVAL RECOMMENDED TAR WA. HATIHNG MALE 1''. 10' COIN EFILE SN P 4050 SLEV.Ory JOB 210100 nu No. EV -9-TY7 • Nike ci"/ KENAI, ALASKA "Viffa e with a Past, et with a Fitti 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 eC Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: February 1, 2012 SUBJECT: PZ12 -03 - Proposed Amendment to KMC 14.20.145, "Recreation Zone" (R) Attached is the draft resolution that proposes amendments to section 14.20.145, "Recreation Zone" to incorporate changes to the Land Use Table KMC 14.22.010 for consistency and format changes. A public hearing has been scheduled for the February 22nd Commission meeting. 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -03 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, "Recreation Zone," and 14.22.010, "Land Use Table," each identify permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 14.20.145, these Code sections are inconsistent; and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20.145 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone; and, WHEREAS, it is also desirable to update the format of section 14.20.145 to create uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking requirements, etcetera) are amended; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -03 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to the provisions of this chapter. [(1) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS. ] Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations. Uses as allowed by this chapter. (f) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -03 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. Section 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this clay of , 2012 CHAIR: ATTEST: New Text Underlined; ]DELETED TEXT BRACKETED] 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to provisions of this chapter. (e) Accessory Uses: As defined (see Definitions). (f) Home Occupations. Uses as allowed by this chapter. (g) Development Requirements: As described in Development Requirements Table. (h) Parking Requirements: As required by this chapter. (i) Signs: Signs may be allowed in conformance with KMC 14.20.220. 14.20.145 Recreation Zone (R). (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses and Structures: (1) Ball fields; (2) Exercise trails and facilities; (3) Parks and playgrounds; (4) Picnic facilities; (5) Recreation facilities, shelters, bathhouses; (6) Recreation cabins; (7) Single - family and duplex residences; (8) Trails; (9) Visual corridors and viewpoints; (10) Watersheds; (11) Bunkhouses and lodges; (12) Charter or guiding services. (c) Permitted Accessory Uses and Structures: (1) Boardwalks; (2) Parking -not to include Iarge trucks or trailer vans; (3) Essential services (as defined in KMC 14.20.320(b); (4) Watchman or caretaker dwelling. (d) Conditional Uses and Structures: (1) Boat harbors, docks, wharves, launching ramps; (2) Fuel facilities for river boat traffic; (3) Convenience or grocery outlets; (4) Marinas, including boat rentals; (5) Aquaculture; (6) Charter or guiding services; (7) RV parks; (8) Multi- family units; (9) Hotels, bed and breakfasts; (10) Restaurants, (e) Prohibited Uses and Structures: Any use or structure not of a character indicated under permitted principal use or conditional use shall be prohibited. (f) Miningutn Lot Requirements: Shall follow the requirements for the Rural Residential (RR). (g) Required Off - Street Parking and Loading: Adequate off - street parking and loading shall be provided in connection with any permitted use in accordance with the provisions of KMC 14.20.250. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. tMrec#of KENAI, ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, "Recreation Zone," and 14.22.010, "Land Use Table," each identify permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 14.20.145, these Code sections are inconsistent; and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20.145 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone; and, WHEREAS, it is also desirable to update the format of section 14.20.145 to create uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking requirements, etcetera) are amended; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 03, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). New Text Underlined; [DELETED TEXT BRACKETED' Ordinance No. * -2012 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures; As allowed in Land Use Table and subject to the provisions of this chapter. [(1) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS.] WI Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations. Uses as allowed by this chapter. (f) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KMC 14.20.220. Section 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED] \theciynf KENAI, ALASKA "Village with a Past, Cc with a Futur 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 1 I I I 1 1992 MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: February 1, 2012 SUBJECT: PZ12 -04 - Proposed Amendment KMC 14.22.010 — "Land Use Table" Attached is the draft resolution that proposes amending KMC 14.22.010 "Land Use Table," to allow bed & breakfast in the Recreation Zone as a permitted use instead of requiring a conditional use permit. A public hearing has been scheduled for the February 22nd Commission meeting. \ y thccii o f KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12-04 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section 14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: 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. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -04 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.070(f, this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of , 2012 CHAIR: ATTEST: New Text Underlined; [DELETE D TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU One Family Dwelling C18 P P P P PP P2' S' S2 S2 C22 P P P S' /C21 Two /Three Family Dwelling C'8 P P P P P P P21 S' C C C22 P P PS'/C21 Four Family Dwelling C18 P C3'29 P N N P P21 S1 C C C22 NP CS'/C21 Five /Six Family Dwelling C18 C3 N P N N P P21 S1 C C N N P C S' /C21 Seven or More Family Dwelling C18 C3 N C3 N N P P2' S1 C C N N P CS'/C21 Townhouses° C18 C'- C3'2° C3 C3 C3 C3 C C CC C22 C C C C Mobile Home Parks6 NC N C C C C C C C C N C N N C Planned Unit Residential Development C18 C C29 C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RRI RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales NC N N N N C P P P P N N N N P Automotive Service Stations NC N N N N C P P P P N C N N P Banks N C N C N N C P P P C N C C C P Business /Consumer Services NC N C N N C P P P C N C C C P Guide Service NC N C N N C P P P P N P P C P Hotels /Motels NC N C N N C P P P C N C P C P Lodge NC N C N N C P P P C N P P C P Professional Offices N C C 29 C N N P P P P P N C P P p Restaurants NC N C N N C P P P C N C C C P Retail Business N26 C N C N N C P P P P S24 S24 CC P Wholesale Business N C N C N N C C P P P N S24 CC N Theaters /Commercial Recreation NC N C N N C P P C C N P C C P New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A Page 1 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P20 C N C N N C P P P P N C N N C Automotive Repair NC N C N N C P P P P N I N N N P Gas Manufacturer /Storage N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating / Assembly N C N C N N C C P P P N C C N C Mini - Storage Facility NC N C N N C C P P P N N N C C Storage Yard NC N C N N C C P P P N N N N C Warehouses NC NC N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RR] RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C29 C C C P P P P P P C P C P Churches* C P10 P'° P'° P'° PI° P'° P'° P1° C C P P10 P P P Clinics CC NC C C C P PP C CC C P P Colleges* C C C 29 C C C C P P C C P C C C P Elementary Schools* C C C29 C C C C P PC C PC CC P Governmental Buildings C C C29 C C C C P P P C P C C P P High Schools* C C C29 C C C C P P C C P C C C P Hospitals* CC NC C C C P P P C C C C C P Libraries* C C C29 C C C C12 P P P C P C P C P Museums C C C29 C C C C P P P C P C P C P Parks and Recreation P CO29 C 0 0 0 P P P P P P P C p Assisted Living CC CC C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding" CC NC C N N C C C C N C N C C Bed and Breakfasts CC CC C C 0 C C C C N [CJP C 0 P Cabin Rentals CC N C N N N P P P C N P P C P Cemeteries CC N C N N N N C C C N C C N N Crematories /Funeral Homes N C N C N N C C C C C N C CC C Day Care Centers12 C C C 29 C C C C P P P C C C C P P Dormitories /Boarding Houses CC NC C C P P21 S C P P23 C C C P Essential Services PP P P P P P P P P P p p PP p Farming/General Agriculture * ** P P NN N N N N N N P N P NN N Greenhouses /Tree Nurseries13 CC NC C C C P P P C N C C C P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A Page 2 KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N C C C C P P P P N C P P P Assemblies15 (Large: Circuses, Fairs, Etc.) C C N C C C C 1315 P15 P'5 P'5 P15 C P N P'5 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N C C C C P P P C N C PC P Nursing, Convalescent or Rest Homes N C N C C C C P P C C C C CC P Parking, Off - Street P P P P P P P P P P P P P PP p Parking, Public LotsI2 C C N C C C C C C C C C C C C C Personal Services25 C C N 0 C C 0 P P P P C C P P' C27 P Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** 25 P C N C C C C P P P P P C CC C Recreational Vehicle Parks C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C N C NN N Surface Extraction of Natural Resources" C C N C N N C N C C C N C NN N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the ]imitations imposed under KMC 3.10,070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single- family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A Page 3 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A Page 5 the city u/ KENAI, ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 04, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: 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. New Text Underlined; [DELETED TEXT BRACKETED) Ordinance No. * -2012 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.070(0, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL Ill ED R TSH LC CMU One Family Dwelling C18 P P P P P P p21 S1 S2 S2 C22 P P P S' /C21 Two /Three Family Dwelling C18 P P P P P P P2' S' C C C22 P P P S' /C21 Four Family Dwelling C18 P C3'29 P N N P P21 S1 C C C22 N P C S' /C21 Five /Six Family Dwelling C18 C3 N P N N P P21 SI C C N N F C S' /C21 Seven or More Family Dwelling C18 C3 N C3 N N P P2' SI C C N N P C S' /C2' Townhouses" C18 CI C3.29 C3 C3 C3 C3 C C C C C22 CC C C Mobile Home Parks6 N C N C C C C C C C C N C N N C Planned Unit Residential Development' C18 C 029 C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Automotive Sales N C N N N N C P P P P N N N N P Automotive Service Stations N 0 N N N N C P P P P N C N N P Banks N C N C N N C P P P C N C C C P Business /Consumer Services N C N C N N C P P P C N C C C P Guide Service N C N C N N C P P P P N P P C P Hotels /Motels N C N C N N C P P P C N C P C P Lodge N C N C N N C P P P C N P P C P Professional Offices N C C29 C N N P P P P P N C P P P Restaurants N C N C N N C P P P C N C C C P Retail Business N26 C N C N N C P P P P S24 S24 C C P Wholesale Business N C N C N N C C P P P N S24 C C N Theaters /Commercial Recreation N C N C N N C P P C C N P C C P New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 Attachment A Page 1 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P20 C N C N N C P P P P N C N N C Automotive Repair NC N C N N C P P P P N N N N P Gas Manufacturer /Storage NN N C N N N N N C9 C9 NN NN N Manufacturing/Fabricating / Assembly N C N C N N C C P P P N C C N C Mini- Storage Facility NC N C N N C C P P P N N N C C Storage Yard NC NC N N C C P P P N N N N C Warehouses NC N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C29 0 0 0 P P P P P P C P C P Churches* C P10 P'0 P'0 P'° P'0 P'° P'° P'° C C P P'° P P P Clinics CC NC C C C P P P C C C C P P Colleges* 0 0 029 0 C C C P P C C P C C C P Elementary Schools* C C C 29 C C C C P P C C P C C C P Governmental Buildings C C C29 0 C C C P P P C P C C P P High Schools* C C C 29 C C C C P P C C P C C C P Hospitals* CC NC C C C P P P C C C C C P Libraries* 0 C 029 0 C 0 012 P P P C P C P C P Museums 0 0 0 29 0 C C C P P P C P C P C P Parks and Recreation P C C29 C C C C P P P P P P P C P Assisted Living CC CC C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding' CC NC C N N C C C C N C N C C Bed and Breakfasts CC C 0 C C C C C C C N [C]P C C P Cabin Rentals CC NC N N N P P P C N P PC P Cemeteries CC N C N N N N C C C N C C N N Crematories /Funeral Homes N C N C N N C C C C C N C CC C Day Care Centers 12 C C C 29 C C C C P P P 0 0 c C P P Dormitories /Boarding Houses C C N C C C P P21 S C P P23 C C C P Essential Services P P PP P P P P P P P P P P P p Farming/General Agriculture * ** P P NN N N N N N N P N P N N N Greenhouses /Tree Nurseries" CC NC C C C P P P C N C C C P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 Attachment A Page 2 KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRl RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N C C C C P P P P N C P P P Assemblies15 (Large: Circuses, Fairs, Etc.) C C N C C C C P15 P15 P15 P15 P15 C P N P15 Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N C C C C P P P C N C P C P Nursing, Convalescent or Rest Homes N C N C C C C P P C C C C CC P Parking, Off - Street P P P P P P P P P P P P P P P P Parking, Public Lots12 C C N C C C C C C C C C C CC C Personal Services25 C C N C C C C P P P P C C P P/ C.27 P Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** 28 P C N C C C C P P P P P C CC C Recreational Vehicle Parks C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C N C NN N Surface Extraction of Natural Resources" C C N C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined; (DELETED TEXT BRACKETED] Ordinance No. -2012 Attachment A Page 3 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10, Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11, Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off -street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or panting aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. -2012 Attachment A Page 5 KENAI, ALASKA Village with a Past a with a fittur 6 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I I I( I 1992 MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: February 2, 2012 SUBJECT: Code Amendment— KMC 14.20.150 Council Member Molloy is sponsoring an ordinance that would amend KMC 14.20.150 to provide for the extensions of Conditional Use Permits. Attached is the draft ordinance and resolution. A public hearing on the proposed amendment has been scheduled for the February 22nd Commission meeting. Attachments: 1. PZ2012 -05 2. Draft Ordinance KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 12 -05 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE SECTION 14.20.150, "CONDITIONAL USE PERMITS," TO EXPAND THE AUTHORITY OF THE PLANNING & ZONING COMMISSION TO CONSIDER REQUESTS FOR EXTENSIONS OF PERMITS IN SITUATIONS WHERE THE CONDITIONAL USE PERMIT HAS LAPSED OR EXPIRED DUE TO NON -USE; TO EXTEND THE TIME FOR EXTENSIONS FROM 6 MONTHS TO UP TO ONE (1) YEAR EACH; AND, TO PROVIDE AN EXPRESS APPEAL PROCESS. WHEREAS, under the Kenai Zoning Code, owners and lessees of real property located in the City of Kenai may obtain a conditional use permit to allow an owner to use their property under certain conditions that help assure that a conditional use is compatible with the other uses in the zoning district and with the surrounding conditions in the neighborhood; and, WHEREAS, under the Kenai Zoning Code, KMC 14.20.150(i), a conditional use permit lapses twelve (12) months after its approval if the property owner or lessee does not obtain a building permit or does not initiate the permitted use; and, WHEREAS, under KMC 14.20.150(i), a conditional use permit also automatically expires if the conditioned use is initiated by the property owner or lessee but then the use ceases to continue that conditioned use for a period of one year or longer; and, WHEREAS, the City's Planning and Zoning Commission may grant time extension for permits for up to six months if the property owner or lessee applies for an extension before the lapse or expiration of the permit and upon a finding by the Commission that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit; and, WHEREAS, unless the property owner or lessee files their request for an extension of their conditional use permit prior to lapse or expiration of the permit, and that extension is approved, the lapse or expiration of the permit is automatic and the City Code does not require the City to notify the property owner or lessee that the conditional use permit will lapse or expire (although the current practice is to provide such notice); and, WHEREAS, property owners and lessees may not always be aware of the automatic lapse or expiration of their permits, particularly where there may be questions about when a particular use initiated has ceased according to the City; and New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -05 Page 2 of 6 WHEREAS, conditional use permits are significant property rights upon which property owners and lessees rely by investing their time and money in their property, thereby contributing to the growth of economic activity in the City of Kenai; and, WHEREAS, poor economic conditions and other circumstances may cause a property owner or lessee to cease a conditioned use for a period of time until the economic conditions or circumstances improve, and the property owner or lessee then may desire to re- initiate the conditioned use; and, WHEREAS, in order to support business and other property investment in the community it is in the best interests of the City to provide the Commission with more flexibility to consider requests for extensions of longer than 6 months as well as under circumstances where the permit would have already automatically lapsed or expired; and, WHEREAS, to balance the interests of the City with respect to maintaining the integrity of neighborhoods and the interest of the property owner or lessee with respect to protecting their investment in a property, the Commission should also be able to entertain applications for extensions of a permit unless the City provided the property owner with express, written notice that the permit will automatically lapse or expire, in which case the property owner will have 90 days to request an extension of time to continue the permit; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use 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 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. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -05 Page 3 of 6 (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; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, 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. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The 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 rnet 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. (e) 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. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -05 Page 4 of 6 (f) (g) 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. 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 paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) 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. 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) THE COMMISSION MAY GRANT TIME EXTENSIONS NOT TO EXCEED SIX (6) MONTHS EACH UPON A FINDING THAT CIRCUMSTANCES HAVE NOT CHANGED SUFFICIENTLY TO WARRANT RECONSIDERATION OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. A REQUEST FOR AN EXTENSION MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. A PUBLIC HEARING SHALL NOT BE REQUIRED PRIOR TO GRANTING AN EXTENSION OF TIME.] ([3]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 year each upon a (i) New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -05 Page 5 of 6 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 subparagraph (1) or that the permit has expired under subparagraph (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. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). (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 subparagraph (3), above, the time for appeal of the administrative official's determination of lapse or expiration shall not run until such time as the Commission has made a final decision on the request for a stay. ([4]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) 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 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ2012 -05 Page 6 of 6 Dated at Kenai, Alaska this 22nd day of February 2012. CHAIR: ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] the city of KENAI, ALASKA Sponsored by; Council Member Molloy CITY OF KENAI ORDINANCE NO. * -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.150, "CONDITIONAL USE PERMITS," TO EXPAND THE AUTHORITY OF THE PLANNING 86 ZONING COMMISSION TO CONSIDER REQUESTS FOR EXTENSIONS OF PERMITS IN SITUATIONS WHERE THE CONDITIONAL USE PERMIT HAS LAPSED OR EXPIRED DUE TO NON -USE; TO EXTEND THE TIME FOR EXTENSIONS FROM 6 MONTHS TO UP TO ONE (1) YEAR EACH; AND, TO PROVIDE AN EXPRESS APPEAL PROCESS. WHEREAS, under the Kenai Zoning Code, owners and lessees of real property located in the City of Kenai may obtain a conditional use permit to allow an owner to use their property under certain conditions that help assure that a conditional use is compatible with the other uses in the zoning district and with the surrounding conditions in the neighborhood; and, WHEREAS, under the Kenai Zoning Code, KMC 14.20.150(i), a conditional use permit lapses twelve (12) months after its approval if the property owner or lessee does not obtain a building permit or does not initiate the permitted use; and, WHEREAS, under KMC 14.20.150(i), a conditional use permit also automatically expires if the conditioned use is initiated by the property owner or lessee but then the use ceases to continue that conditioned use for a period of one year or longer; and, WHEREAS, the City's Planning and Zoning Commission may grant time extension for permits for up to six months if the property owner or lessee applies for an extension before the lapse or expiration of the permit and upon a finding by the Commission that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit; and, WHEREAS, unless the property owner or lessee files their request for an extension of their conditional use permit prior to lapse or expiration of the permit, and that extension is approved, the lapse or expiration of the permit is automatic and the City Code does not require the City to notify the property owner or lessee that the conditional use permit will lapse or expire (although the current practice is to provide such notice); and, WHEREAS, property owners and lessees may not always be aware of the automatic lapse or expiration of their permits, particularly where there may be questions about when a particular use initiated has ceased according to the City; and WHEREAS, conditional use permits are significant property rights upon which property owners and lessees rely by investing their time and money in their property, thereby contributing to the growth of economic activity in the City of Kenai; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 2 of 6 WHEREAS, poor economic conditions and other circumstances may cause a property owner or lessee to cease a conditioned use for a period of time until the economic conditions or circumstances improve, and the property owner or lessee then may desire to re- initiate the conditioned use; and, WHEREAS, in order to support business and other property investment in the community it is in the best interests of the City to provide the Commission with more flexibility to consider requests for extensions of longer than 6 months as well as under circumstances where the permit would have already automatically lapsed or expired; and, WHEREAS, to balance the interests of the City with respect to maintaining the integrity of neighborhoods and the interest of the property owner or lessee with respect to protecting their investment in a property, the Commission should also be able to entertain applications for extensions of a permit unless the City provided the property owner with express, written notice that the permit will automatically lapse or expire, in which case the property owner will have 90 days to request an extension of time to continue the permit; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Forrn: This is a Code ordinance. Section 2. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use 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 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 3 of 6 (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; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, 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. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The 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. (e) 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 4 of 6 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. 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 paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) 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. 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) THE COMMISSION MAY GRANT TIME EXTENSIONS NOT TO EXCEED SIX (6) MONTHS EACH UPON A FINDING THAT CIRCUMSTANCES HAVE NOT CHANGED SUFFICIENTLY TO WARRANT RECONSIDERATION OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. A REQUEST FOR AN EXTENSION MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. A PUBLIC HEARING SHALL NOT BE REQUIRED PRIOR TO GRANTING AN EXTENSION OF TIME.] ([3]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. (i) New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 5 of 6 (j) J3) The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one 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 subparagraph (1) or that the permit has expired under subparagraph (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. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). (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 subparagraph (3), above, the time for appeal of the administrative official's determination of lapse or expiration shall not run until such time as the Commission has made a final decision on the request for a stay. ([4]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. 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 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 6 of 6 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: , 2012 Adopted: , 2012 Effective: , 2012 New Text Underlined; [DELETED TEXT BRACKETED] 7� ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 2012 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp : /fwww . .ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. APPROVED. Ordinance 2606 -2012 - Increasing Estimated Revenues and Appropriations by $3,214.81 in the General Fund for State Traffic Grant Overtime Expenditures. 2. APPROVED. Ordinance 2607 -2012 - Increasing Estimated Revenues and Appropriations by $10,990.27 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 3. APPROVED. Resolution No. 2012 -04 - Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. 4. APPROVED. Resolution No. 2012 -05 - Awarding a Bid to B &B Landscape for the Project Entitled, "Kenai Leif Hansen Memorial Park Landscape Improvements - 2012," for the Basic Bid Amount of $18,498. City of Kenai Council Meeting Agenda Page 1 of 4 February 1, 2012 5. APPROVED. Resolution No. 2012 -06 - Authorizing a Budget Transfer of $9,100 within the Water and Sewer Special Revenue Fund - Waste Water Treatment Plant Department. 6. APPROVED. Resolution No. 2012 -07 - Authorizing a Budget Transfer within the Airport Fund - for the Purchase of Radios. 7. APPROVED. Resolution No. 2012 -08 - Authorizing a Budget Transfer within the General Fund - for External Legal Assistance Related to Land Issues. 8. APPROVED. Resolution No. 2012 -09 - Authorizing a Budget Transfer within the General Fund - for Upgrades to the Audio System of the City's Council Chambers. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of January 18, 2012 F. UNFINISHED BUSINESS 1. AMENDED & APPROVED. Action /Approval - Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. G. NEW BUSINESS 1. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - FEBRUARY 15, 2012. *Ordinance No. 2608 -2012 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. 2. APPROVED BY CONSENT AGENDA. *Liquor License Renewal - Katina's Greek & Italian Restaurant, License #4533 3. NO ACTION TAKEN / PLACED ON THE FEBRUARY 15TH AGENDA FOR DISCUSSION. Action /Approval - 2012 City Council Meeting Schedule 4. APPROVED. Action /Approval - Bills to be Ratified 5. APPROVED. Action /Approval - Purchase Orders Exceeding $15,000 6. WORK SESSION SCHEDULED - FEBRUARY 15th, 5:30 P.M. Discussion - Schedule Work Session to Discuss the Facility Management Agreement for the Kenai Visitors and Cultural Center. City of Kenai Council Meeting Agenda Page 2 of 4 February 1, 2012 7. WORK SESSION SCHEDULED - FEBRUARY 21St, 6:00 P.M. Discussion - Schedule Work Session to Discuss Tree Removal of Obstructions in the Approach /Departure & Other Airport Services. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. REMOVED BY APPROVAL OF AGENDA. EXECUTIVE SESSION - Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] M. PENDING ITEMS 1. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. [Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.] N. ADJOURNMENT City of Kenai Council Meeting Agenda Page 3 of 4 February 1, 2012 INFORMATION ITEMS 1. Correspondence to City Council regarding City Dock Boat Launch Fee & Parking Annual Pass Senior Citizen Discounts 2. Purchase Orders between $2,500 and $15,000 for Council Review 3. Budget Transfer in Capital Projects in Excess of $5,000 - None 4. 2012 Gaming Permit - Kenai Elks Lodge 2425 The agenda and supporting documents are posted on the City's website at www.ci.kencti.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 -283 -8231. City of Kenai Council Meeting Agenda Page 4 of 4 February 1, 2012