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HomeMy WebLinkAbout2012-02-22 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 22, 2012 - 7:00 p.m. Work Session 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 Y Phil Bryson *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. *February 8, 2012 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ12 -06 — Kenai Industrial Park Subdivision (Resubdivision of 42.313 acres M/L situated in the NW 1/4 Section 33, T6N, R11 W S.M). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. S. PUBLIC HEARINGS: 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. 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 Breakfast in the Recreation Zone as permitted. 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. Agenda Page 2 February 22, 2012 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 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 (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: a. City Council b. Borough Planning c. Administration Y Annual Report — Extraction of Natural Resources 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Comprehensive Plan Newsletter 12. NEXT MEETING ATTENDANCE NOTIFICATION: March 14, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 8, 2012 -- 7:00 P.M. CITY COUNCIL CHAMBERS VICE -CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES 1. CALL TO ORDER: Vice -Chair Knackstedt called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Vice -Chair Knackstedt led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. MOTION: Agenda Approval P. Bryson, J. Rowell, H. Knackstedt, K. Koester, K. Peterson, C. Smith Chair J. Twait (excused) City Planner M. Kebschull, Assistant Planner N. Carver, Council Member R. Molloy Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Bryson MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Jeff Twait 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 25, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT - None. 4. CONSIDERATION OF PLATS 4 -a. PZ12 -01 - Preliminary Plat - Lot 1, Poore Subdivision (A resubdivision of Government Lots 6 & 7, located within the SW 1/4 S6, T5N, R1 OW Seward Meridian) Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12 -01 and Commissioner Peterson SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet pertaining to the proposed preliminary subdivision plat which provided the following recommendations to amend subdivision plat as proposed: • 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. • 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. • Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. • 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. • Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. • Renumber remaining notes accordingly. City Planner Kebschull advised that she had discussed the possible encroachment with Vice -Chair Knackstedt and that there were two options provided for under KMC 14.10.070, Subdivision Design Standards, that the Commission could consider: 1. Make a recommendation to decrease the proposed 60 foot ROW extension, Planning and Zoning Commission Meeting February 8, 2012 Page 2 of 5 "Planning & Zoning Commission, may, in its discretion by majority vote of its members, lessen this distance to not less than fifty (50) feet "; or 2. "When minor streets adjoin unsubdivided property, a half street at least thirty (30) feet in width may be dedicated and whenever subdivided property adjoins a half street, the remainder of the street shall be dedicated." The Commission discussed the proposed subdivision and agreed the topography and wetlands in the area restricted development in the area. MOTION TO AMEND: Commissioner Bryson MOVED to amend PZ12 -01, pursuant to staff recommendation of supporting the less than full dedication of the right -of -way width in accordance with KMC 14.10.070 and that topography and wetlands restrict any further development. Commissioner Smith SECONDED the motion. Kristine Schmidt, 513 Ash Avenue, spoke in opposition of the amendment. VOTE ON AMENDMENT: PASSED UNANIMOUSLY VOTE ON MAIN MOTION AS AMENDED: PASSED UNANIMOUSLY 4 -b. MOTION: 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. Commissioner Koester MOVED to approve PZ12 -02 and Commissioner Bryson SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet pertaining to the section line easement vacation and recommended approval with no contingencies. VOTE: PASSED UNANIMOUSLY 5. PUBLIC HEARINGS - None. 6. UNFINISHED BUSINESS - None. 7. NEW BUSINESS 7 -a. PZ12 -03 - A resolution of the Kenai Planning & Zoning Commission Planning and Zoning Commission Meeting February 8, 2012 Page 3 of 5 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. City Planner Kebschull reviewed the memorandum included in the packet noting the resolution's proposed amendments to KMC 14.20.145 and KMC 14.22.010 are for consistency and format changes. Public Hearing was set for February 22, 2012. 7 -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 Breakfast in the Recreation Zone as permitted. Discussion. Set public hearing. City Planner Kebschull reviewed the memorandum included in the packet. Public Hearing was set for February 22, 2012. 7 -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. City Planner Kebschull reviewed the memorandum included in the packet and Council Member Molloy, sponsor of the proposed legislation, provided further explanation of the proposed code amendment. Public Hearing was set for February 22, 2012. 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 (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 Planning and Zoning Commission Meeting February 8, 2012 Page 4 of 5 in this work product during the Comprehensive Plan Process.) 9. REPORTS 9 -a. City Council - Council Member Molloy reviewed the action agenda from the February 1, 2012 Council meeting included in the packet and provided a brief summary related to Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. 9 -b. Borough Planning - Commissioner Bryson reported the meeting had been cancelled and he had no report. 9 -c. Administration - Kebschull advised staff would be forwarding notification to residents and requesting feedback related to the Angler project and reminded commissioners to proceed with caution in further discussion on such matters. Kebschull reported the Judge affirmed the decision of the Board of Adjustment on the Oral Argument of Disque Appeal. Kebschull noted a newsletter publication will be completed and forwarded to all property owners within the city related to the Comprehensive Plan review. 10. PERSONS PRESENT NOT SCHEDULED - None. 11. INFORMATION ITEMS - None. 12. NEXT MEETING ATTENDANCE NOTIFICATION - February 22, 2012 Commissioner Bryson requested an excused absence from the February 22nd meeting. 13. COMMISSION COMMENTS & QUESTIONS - None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 8:05 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk Planning and Zoning Commission Meeting February 8, 2012 Page 5 of 5 STAFF REPORT ct To: Planning & Zoning Commission Date: February 9, 2012 Res: PZ12 -06 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK 99669 262 -4218 Requested Action: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — Kenai Industrial Park Subdivision - Resubdivision of 42.313 ac., M/L situated in the NW 1/4 section 33 T6N, R11 W, S.M. 700 Marathon Road 00450109 Light Industrial Commercial Airport Industrial This plat subdivides 42.313 acres from the original 139.20 acres creating a subdivision containing 19 lots. The lots range in size from approximately an acre to 7.665 acres. The parcel is zoned (IL) Light Industrial. There is no minimum lot size for lots in the Light Industrial zone. Development standards for the zone are based on the building, fire, and zoning codes. The new lots are being designed with sufficient size to support industrial - type uses. The property is located off Marathon Road. Marathon Road is maintained by the City to the intersection of Willow Street. The subdivision includes dedication of a 60 -foot right - of -way for access to interior lots. Marathon Road is dedicated to the northern boundary of this subdivision which extends a previous dedication. Marathon Road is paved. This is a City of Kenai development. The subdivision is being designed and engineered. The City will install City water and sewer to serve the lots. The road will be built to City standards and ready to pave; however, paving will not be done in this phase. The approaches onto Marathon Road will be paved. An installation agreement will not be required. The purpose of an installation agreement is to ensure that infrastructure in new subdivisions is completed so the City does not have PZ12 -06 Comments Page 2 to assume responsibility for construction of the utilities and roads. Because the City is the property owner, an installation agreement would serve no purpose. The City plans to complete the improvements during the 2012 construction season. RECOMMENDATIONS This plat subdivides 19 lots from one large parcel. The lots will be owned by the City of Kenai Airport and leased to industrial -type businesses. The resulting parcels meet all requirements for the Light Industrial zone. The parcels are located off Marathon Road. The majority of the parcels will be accessed via the newly constructed road. The parcels will be served by City water and sewer. An installation agreement is not required. Recommend approval as submitted. ATTACHMENTS: 1. Resolution No. PZ12 -06 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -06 the c# / SUBDIVISION PLAT KENAI. SKA 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 platKenai Industrial Park Subdivision as referred to the City of Kenai Planning and Zoning Commission onJANUARY 19, 2012, and received fromMCLANE CONSULTING GROUP. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Light Industrial and therefore subject to said zone conditions. 2. Water and sewer: City water & sewer are being extended to serve this subdivision 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency annunt 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 encroachmentsexist. 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, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVEKENAI INDUSTRIAL PARK SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 22, 2012. CHAIRPERSON: ATTEST: S00.07'001 SEC 32 BASIS OF BEARING GLO DATUM 1 SEC 33 1 / '''1 1 1 1 2BARON PARKSUBD. BI 1 TRACT BARON PARK SUED. 1 1 1 2007 REPEAT TRACT Al I � 6651 top on 1 BUCCANEERCPIpElINE rem n°w.3ph"' fie+. ei.3f -� i -'4` u,T,7dd ,T,76—,A-,,,ON LINE 1NTERTIE fNATcaMIS~ 2640.54' WASTEWATER DISPOSAI Pions for wostewo ter disposal [hot meet regulatory requirements are on Poe at the Deportment of Environmental Conservation. REMAINDER NW 114 SEC 33 LYING WEST OF MARATHON ROAD 17.85 AC. MIL 1216.03• eO.m sappy aat serape dymd .y.fen.,lm he porn.. nh Im mhlam,eiee WN apnea. nwkamwasol le MC 12 and 1e MC e0. 2)Na fearnoneni 462022 OM be mne22u. 22 pawed 000 on •262 01 nedelyderee vela the eater m of velty ad. 1atmeepfnal raw mew 0e 09, of Mena Ceeplef 12IDnhe 6660, movirsmaros i1 oaea4d Datum 4 bet• a on toral000Mbaae 0kh eta 111Nv.ast cams of Sodas 160 ame.N 10002101aU. /Sam bearing rater lamn wet be Seal. 33 to n° S 2•0206' E emadrp b 6402 eaNmw moat 3, V.alal De.mN NOM, Need en NG; BM 021 akw0..n Yalta. ...nave n4 sea., 0l40110022)00021006&22. eumSme en ea tie foetus Wined nail, of to fire along Vienna Mae el Poke, o.Inwasef n. Wd9011.2 ea lewema 11.i001002.e2002 as ubq toe 4p et ea north Rage bolt 92464 by. oM.aledX Mang eb•wlon 0160.51 IL CITY OF KENAI TRACT A -1-A KN -0970051 Plat # CERTIFICATE OF OWNERSHIP AND DEDICATION We 00,066 1119 amt we are Ih 60,0..0 es the mat 9.1960)9 swabbed heel, and ors hereby oalpl 9,Is C10n 1 sebd is on and by 1.. 4066 coneent 4621x211 all emghts -of -way 0111 tl 4029,0 0.066 to 920 use 204 9.201 111 easements to the se shorn. CITY OF KENAI UNSUBDIVIOED PORTION OF SEC 33 T614 R11 W NOTARY'S ACKNOWI EDGFMENT FCR: Bokser462 end swan before me this — 009 of 2012. ley eommNsan espVes I z3 �z �g I � m� raI� p1 AT APPROVAI 1 4101 Tha plot was approved by the 00041 PENIN5140 8020161 PLANNING 0010415900 al the mMe1q of KENAI PENMSUIA 9060201 by 2012, tory Pub00 for the Rote of Alaska 420,0040E 0X10110 KENAI /NDUSTR /AL PARK SUED /V /S /ON City of Kenai. awns 215 Mato Street Kenai, AK 49611 LOCATION 42.313 AC. MIL SITUATED IN THE NW ...SECTION 33 T. 6 N., R. 11 W„ S.M„ AK. AND THE CITY OF KENAI AND KENAI PENINSULA BOROUGH IN THE KENAI RECORDING DISTRICT. nee 'itY M N e fwWwY xen0a'Nea�01 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -03 5G. 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(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of , 2012 CHAIR: 1'EST: 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 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: (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) AquaruIture; (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) Minimum 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. the 4, 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.] { 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. (0 [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(f), 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] 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. 510 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, 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; [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 IH ED R TSH LC CMU One Family Dwelling C1s P P P P P P P21 S' S2 s2 c22 P p P S' /C21 Two /Three Family Dwelling C18 P P P P P P P27 S' C C C22 PP PSI/C21 Four Family Dwelling C1s P C3'29 P N N P P2' S' C C C22 NP CSI/C21_ Five /Six Family Dwelling C18 C3 N P N N P P2' S' C C N N P CSI/C21 Seven or More Family Dwelling C18 C3 N C3 N N P P2' SI C C N N P CSI/C2' Townhouses" CIa C3 C3'29 C3 C3 C3 C3 C C C C 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 RR1 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 NC 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 C29 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 C C P Wholesale Business NC N C NN C C P P P N S24 C C 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 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 N C N C N N C P P P P N 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 / N Assembly C N C N N C C P P P N C C N C Mini - Storage Facility N C N C N N C C P P P N N N C C Storage Yard N C N C 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 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 pro Pi° pro pro p'° pro pro C C P P'° p p p Clinics C C N C C C C P P P C C C C P P Colleges* C C C29 C C C C P P C C P C C C P Elementary Schools* C C C29 C C C C P P C C P C C C P Governmental Buildings C C C29 C 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* C C N C 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 C 29 C 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 RR] RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding" CC N C C N N C C C C N C N C C Bed and Breakfasts CC CC C C C C C C C N [C]P C C p Cabin Rentals CC N C N N N P P P C N P P C p Cemeteries C C 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 C C C Day Care Centers 1 2 C C C 29 C C C C P P P C C 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 N N N N N N N N P N P NN N Greenhouses /Tree Nurseries17 C C N C C C C P P P C N C C C P 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 1H ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N C C C C P P P P N C P P P Assemblies'5 (Large: Circuses, Fairs, Etc.) C C N C C C C P15 p15 pis p15 pis 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 NC 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" P- Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** 28 P C N C C C C P P P P PC 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 N N N Surface Extraction of Natural Resources17 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 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 anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. in the are 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. I4. 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 I4.20.255 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 thec 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 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. Severabilitv: 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(fl, 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 RSI RS2 RU CC CG IL IH ED R TSH LC CMU One Family Dwelling C18 P P P P P P P2' S' S2 s2 c22 P P P s' /C21 Two /Three Family Dwelling C18 P P P P P P P21 S' C C C22 PP PSI/CI Four Family Dwelling C18 P C3'29 P N N P P21 S' C C C22 NP CSI/C21 Five /Six Family Dwelling C18 C3 N P N N P P2' S' C C N N P C S'/C2' Seven or More Family Dwelling C18 C3 N C3 N N P P2' S' C C N N P COO Townhouses4 C18 C4 C3'29 C3 C3 C3 C3 C C C C C22 C C C C Mobile Home Parks' NC N C C C C C C C C N C N N C Planned Unit Residential Development' Cls C C29 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 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 NC 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 NC 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] 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 RRI RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P2° C N C N N C P P P P N C N N C Automotive Repair N C 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 N C 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 RRI RS RSI RS2 RU CC CG IL 111 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 p10 p10 pio pIo pio p10 p10 C C p pI0 P P P Clinics C C N C C C C P P P C C C 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 P C C P C C C P Governmental Buildings C C C29 C 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* C C N C 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 C 29 C 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 RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding" CC N C C N N C C C C N C N C C Bed and Breakfasts CC CC C C C C C C C N [C]P C C 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 Centers" 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 pp 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" C C N C C C C P P P C N C C C P 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 RRI RS RS1 RS2 RU CC CG IL III 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 Pis pis Pis Pis 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 PP p Parking, Public Lots'Z 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/ c27 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 N N N Surface Extraction of Natural Resources17 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 ]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 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 anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. t. See "Townhouses" section. in the are 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 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 }t 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 `ihcuYynfj KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -05 50 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 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 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 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] 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 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 & ZONING COMMISSION TO CONSIDER REQUESTS FOR EXTENSIONS OF PERMITS IN SITUATIONS WHERE THE CONDITIONAL USE PERMIT HAS LAPSED OR EXPRIED 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. 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] Ordinance No. k -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. (i) Expiration — Extensions — Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. [(2) 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. * -2012 Page 5 of 6 (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 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(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] qcc ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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 No. 2608 -2012 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. 2. APPROVED. Resolution No. 2012 -10 - Awarding a Contract to American Marine Corporation for the Project Entitled Kenai Boating Facility Cathodic Protection and Pile Repairs 2012 for the Total Amount of 564,851.52. 3. APPROVED. Resolution No. 2012 -11 - Awarding a Bid to Norris and Sons Contractors for Two (2) 10cy -12cy End Dump Trucks for the Total Amount of 560,000. E. MINUTES 1. APPROVED BY CONSENT AGENDA AS AMENDED. *Regular Meeting of February 1, 2012 City of Kenai Council Meeting Action Agenda Page 1 of 3 February 15, 2012 F. UNFINISHED BUSINESS 1. REGULAR MEETING SCHEDULE AMENDED & SPECIAL MEETINGS/WORK SESSIONS SCHEDULED. Discussion /Approval - 2012 City Council Meeting Schedule G. NEW BUSINESS 1. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 7, 2012. *Ordinance No. 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by 5100,000 in the Trails Construction Capital Project Fund. 2. APPROVED. Action /Approval - Bills to be Ratified 3. APPROVED. Action /Approval - Purchase Orders Exceeding H. COMMISSION /COMMITTEE REPORTS 1. NEW MEMBER APPOINTED. 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 15,000 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. DIRECTION PROVIDED TO LEGAL COUNSEL REGARDING LEGAL MATTERS. 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 of Kenai Council Meeting Action Agenda Page 2 of 3 February 15, 2012 City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] 2. DIRECTION PROVIDED TO ADMINISTRATION TO ENGAGE IN A PERS TERMINATION STUDY. Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion - City Manager Employment Agreement. [AS44.62.310(c)(2)] 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. 9:00 P.M. ADJOURNMENT ******************************* * * * * * * * * * ** * * * * * * * * * ** * * * * ** * ** *gar * * * * * *** * * * * * * * * * * ** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Budget Transfer in Capital Projects in Excess of $5,000 - None 3. Public Notice of a Council Work Session to Discuss the Kenai Municipal Airport Tree Obstruction Removal Project on Tuesday, February 21, 2012. 4. Public Notice of a Council Work Session to Discuss the Kenai Convention and Visitors Bureau Inc and Kenai Chamber of' Commerce Merger and the Facilities Management Agreement for the Kenai Visitors and Cultural Center on Wednesday, February 15, 2012. 5. Chill It's A Drill - Tsunami Exercise The agenda and supporting documents are posted on the City's website at www, ci. keriai. 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 -7535 ext 231. City of Kenai Council Meeting Action Agenda Page 3 of 3 February 15, 2012 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James (sham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 Lisa Parker PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 February 13, 2012 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL gib C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are considered routine and non - controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. if you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. Time Extension Request a. Davidhizar Subdivision No. 2 KPB File 2010 -057 [Integrity /KMDHIZAR, LLC] Location: City of Soldotna *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Philip Bryson, City of Kenai b. Joanne Collins, Anchor Point / Ninilchik *7 Minutes a. January 9 & 23, 2012 Plat Committee Minutes b. January 9, 2012 Planning Commission Minutes D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacate Allview Avenue (changed from Woodfin Avenue Resolution SN 2004- 04) a 30 -foot public right -of -way and the associated 10 -foot utility easement adjacent to Lots 1 thru 9 (lots are subject to replat), dedicated by Woodfin Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor Subdivision (Plat KN 84 -179); within Section 15, Township 5 North, Range 9 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2012 -008. Petitioners: Ron and Jean Ann Henry of Sterling, Alaska. Location: On Allview Avenue in Sterling 2. Vacate the west 487 feet, more or less of Mooring Drive, a 60 -foot public right -of -way including the 50 -foot temporary turnaround located at the west end of Mooring Drive and any associated utility easements along the south boundary of Tract A as dedicated by Lofsdell Acres Subdivision (Plat KN 76- 74), and along the north boundary of Tract One -B as dedicated by Birch Hill Subdivision (Plat KN 72 -65); within Section 18, Township 5 North, Range 10 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2012 -012. Petitioners: Stephen L. & Cheryl A. Beeson and Robert & Sue Tachick of Soldotna, Alaska. Location: On Mooring Drive in Soldotna 3. Ordinance 2011 -42 authorizing a land exchange with the City of Seward in support of the city's public utility services. (Postponed from the December 12, 2011 meeting.) G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Resolution 2012 -05; A Conditional Use Permit pursuant to KPB 21.18 for the replacement of a pre- existing pedestrian bridge across Humpy Creek along the Emerald Lake Loop Trail in Kachemak Bay State Park within the 50 -foot Habitat Protection District of an anadromous stream leading to Kachemak Bay, ten (10) miles ENE of the Homer Small Boat Harbor, located in Section 15, T6S, R11W, S.M., AK, (KPB Parcel I.D. #193 - 040 -03). 2. Resolution 2012 -09; A Conditional Use Permit pursuant to KPB 21.18 to install 170 -feet of chain -link fence, a portion of which is within the Habitat Protection District of the Kenai River; and to place three regulatory signs on that portion of fence. This project is located on the left bank of the Kenai River at river mile 23.6, on Tract A1A, Soldotna Airport Prop Funny River Rd Realignment Addn Pt 1, Section 34, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I. D:060- 340 -21). H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS - None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 2 preliminary plats. K. OTHER /NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS 2 NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Meeting Minutes - December 14, 2011 - January 11, 2012 - January 25, 2012 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, February 27, 2012 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce February 7, 2012 February 21, 2012 7:00 p.m. Cooper Landing Cooper Landing Community Hall February 8, 2012 March 7, 2012 6:00 m. p' Hope / Sunrise Hope Social Hall February 9, 2012 March 8, 2012 7;00 m. p The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907 - 714 -2200 Phone: toll free within the Borough 1 -800- 478 -4441, extension 2215 Fax: 907 - 714 -2378 e -mail address: planninq(a�borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 3 MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 Mari Anne Gross Southwest Borough Term Expires 2014 Sandra Holsten East Peninsula Term Expires 2013 James !sham Sterling Term Expires 2012 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 ALTERNATES: Harry Lockwood Ridgeway Term Expires 2013 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. February 13, 2012 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences 3. Minutes a. January 9 and 23, 2012 Plat Committee Minutes PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Bay View Swan Cove Addn. KPB File 2012 -014 [Ability /Norberg] Location: City of Homer 2. Barnett Sub Quiet Creek Addn. No. 2 KPB File 2012 -013 [Imhoff /AK USA FCU] Location: City of Homer F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, February 27, 2012 in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907- 714 -2215 Fax: 907- 714 -2378 Phone: toll free within the Borough 1- 800 - 478 -4441, extension 2215 e -mail address: planning(borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept \t /-eriy'f KENAI, ALASKA Tillage with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 h, Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 I (1 1 1992 MEMO: with a Future' TO: Planning & Zoning Commission I FROM: Marilyn Kebschull, Planning Administration DATE: February 3, 2012 SUBJECT: Annual Reports — Extraction of Natural Resources There are currently seven active gravel pits operating in the City under Conditional Use Permits. The operators have submitted yearly reports as required by code. The following is a brief synopsis of the 2011 operations: 1. The Cone pit operates under grandfather status. Mrs. Cone completed the reporting requirements for the operation. There are several parcels included in this extraction operation. Mrs. Cone reported approximately 2,251 cubic yards of pit run material and approximately 2, 536 50/50 mix materials was extracted from this site this past year. Mrs. Cone advised that reclamation activities included leveling and sloping of excavated areas. The report shows ten (10) percent of reclamation has been completed. Meeks Sand and Gravel continued to lease and operate the pit. The lease does not require a transfer of the Conditional Use Permit. 2. Foster Construction holds permits to excavate from two areas. The oldest gravel pit is located off Beaver Loop Road in the Angler Acres area. This pit is now owned by Angier Enterprises, a corporation formed by the Fosters. Mr. Foster reported approximately 355 cubic yards of sand and gravel was extracted at this site for construction of a house pad and driveway on Ames Road. Reclamation at the site is estimated at 1 -2 percent (1 -2 %) for the year and included haling in materials to fill an area of the pit with 200 cubic yards of material hauled and spread. No seeding was accomplished. This site is being reclaimed for as a future the Planned Unit Residential Development. The Fosters are continuing to work with legal representation to complete the documents required for the development. Annual Report Page 2 Extraction of Natural Resources The second pit permit that Foster Construction operates is located off Beaver Loop Road between the Krogseng and Doyle pits. This pit is now owned by Twin Rivers Resources with Mr. Foster being the main contact. The report for this pit notes approximately 51,030 cubic yards of material excavated this year for various construction projects. The report notes that side slopes were top soiled and seeded and that lake construction is 45 percent (45 %) complete. 3. Pat Doyle, Beaver Loop Sand & Gravel, operates off Beaver Loop Road next to Foster Construction. This pit is operated under grandfather status. Mrs. Doyle completed the report. Mrs. Doyle reports approximately 52,511 cubic yards of pit run gravel was extracted this year. The report notes approximately 60 percent of reclamation completed but there is no description of the reclamation activity. There is also a storage yard at the site for Doyle Construction. 4. Daniel Krogseng, AA Dan's Construction operates off Beaver Loop Road next to Foster Construction. Mr. Krogseng reported approximately 13,743 cubic yards of gravel was extracted last year. Mr. Krogseng advises that they are continuing to excavate the lake and due to the continuing excavation, no reclamation was completed in 2011. 5. Zubeck, Inc. operates from two parcels located in Hollier Subdivision. The pits are behind Cone's property. The report notes approximately 17,480 cubic yards of gravel and 80 cubic yards of top soil was excavated during the year. No reclamation activities took place in 2011. This site is operated under grandfather status. 6. Michael Pelch operates a pit located off Beaver Loop Road across from the Foster's Angler Acres pit. Mr. Pelch reports no material was excavated during 2011. The report notes approximately 40 percent (40 %) of the reclamation has been completed including planting trees and removing beetle -kill trees. The report notes the continuing problem with trash and debris being dumped at the pit and that trash and two abandoned vehicles were removed from the site. Keiwi 42030 Kenai Comprehensive Plan Update Your City, Your Plan — Get involved! City Planning and Zoning Department If you have questions or comments about the Comprehensive Plan revision, please contact: Marilyn Kebschull, AICP City Planner 210 Fidalgo Avenue, Kenai, Alaska 99611 Phone (907) 283-8235 Fax (907) 283-3014 mkebschull@kenai.ak.us Updafed Information: For current news about the plan revision you can follow us on Facebook or check out the link at the City of Kenai's Planning and Zoning Department's webpage: http,__ www.ci.kenai.ak.usj Camp Plan Update.pdf City of Kenai Mission Statement: "To serve fhe citizens of Kenai through listening and leading; to promote growth and continually improve services by balancing the wishes of the community with responsible management." April 2011 Public Meeting at the Senior Center Why the Plan is Being Updated It has been over eight years since the Comprehensive Plon was updated. Because the plan drives land use decisions for the City of Kenai, it is important to update the plan with current information and priorities. The Planning and Zoning Commission and the City Council implement the Comprehensive Plan through permit decisions and through amendments to the Title 14, Planning and Zoning, Kenai Municipal Code. How You Can Be Involved Submit a Comment The Planning Team welcomes your ideas about planning for land use in the City of Kenai. One way to provide input is to fill out a comment form available on the City's website: http: /; /www.ci.kenai.ak.us/ Comp Pion Comment Form.pdf. You can mail or deliver your comments to City Hall at 210 Fidalgo Ave., Kenai, AK 99611. Kenai a ittlebei 1-AmetfcaCiij 1! 0 2011 February 2012 Volume 1, Issue 1 Planning Team City of Kenai Planner Marilyn Kebschull, AICP is heading up the Comprehensive Plan revision along with Nancy Carver, Planning Assistant. The City has retained consultants Glenn Gray of Glenn Gray and Associates and Eileen Bechtol, AICP of Bechtol Planning and Development to assist with the plan revision. Public Outreach The Planning Team has been conducting an extensive public outreach effort to gather input from the community. This information will be used to frame important issues and develop goals, objectives, and strategies to implement the plan. In addition to the April 23, 2011 public meeting, the Planning Team has met with City staff, members of the City's boards and commissions, and local organizations, includ- ing a meeting with the business community held on June 8. Contact Marilyn Kebschull to schedule a meeting with your group. Complete the Survey Kenai residents are encouraged to participate in an online survey to help shape the goals and objectives of the plan and to develop strategies to implement those goals and objectives. You can pick up a hard copy of the survey at City Hall or the library or fill it out online: http:/ ww•.:.surveymonkey.com /, /kenaicompplan. Next Steps The Planning and Zoning Commission review of the plan will occur in several stages. The Commission has completed a review of the proposed land use map which will be used to guide future changes to the zoning districts. In early February the Commission began review- ing a draft of the initial chapters of the plan that provide background information. After that, the Commission will review the goals, objectives, and strategies. Once the public review draft of the plan is complete, the Planning Department will initiate a formal comment period and hold a public meeting. After revising the draft to respond to public comments, the plan will be reviewed by the Commission and its recommendation will be forwarded to the City Council for review and adoption. After adoption, the City Council will forward the plan to the Kenai Peninsula Borough for adoption into the borough code. City of Kenai 210 FideIgo Avenue Kenai, Alaska 99661 Phone: 907- 283 -7535 Fax: 907 - 283 -3014 Email: mkebschull(C1ci.kenai.ak.us VILLAGE WITH A PAST - CITY WITH A FUTURE. We're on the Web! http: / /www.ci.kenai.ak.us/ Comp_Plan_Update.pdf What We've Been Hearing There is no shortage of ideas and opinions about how Kenai should plan for its future. The following bullets summarize comments received on the major issues. • Economic Development: Develop a diverse economic base, promote new business opportunities and industrial development, establish business - friendly policies, and ex- pand tourism. • Infrastructure and Services: Expand water and sewer systems, build a strong road system, develop a convention cen- ter, and fix the bluff erosion problem. • Zoning: Review and amend current zon- ing designations to promote the best uses in individual zoning districts. Define com- mercial and residential areas and im- prove public involvement in zoning and land use decisions. • Neighborhoods: Protect property rights, limit conditional uses in neighborhoods, develop buffers between commercial and residential areas, and restrict incom- patible commercial uses. • Open Spaces: Continue to promote parks, trails, green space, and fish and wildlife habitat. • Sustainability: Make the city a model for energy efficiency and sustainability. Message from Pat Porter, Mayor The Council and I would like to thank you for your patience and input into development of our new Kenai Comprehensive Plan. The Plan is developed by listening to our residents, business owners, and community volunteers as well as the youth of Kenai. Your suggestions for improvements and your vision for the future are greatly needed. One of the final phases is to gather information through a community survey of the services provided throughout town. We are dedicated to preserving the quality of life, while still promoting key eco- nomic growth initiatives that will support today and tomorrow's families. Please take a moment to complete the online survey: http: Na.surveyrnonkey.corr, kenoicompplan.