HomeMy WebLinkAbout2012-07-25 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 25, 2012 - 7 :00 p.m.
Work Session
6 p.m. - 7 p.m. & continue after the regular meeting.
Work session will adjourn no later than 9 p.m.
> Comprehensive Plan - Future Land Use Map
> Amend KMC 14.22.010 - Land Use Table
> Amend KMC 14.20.230 - Home Occupations
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*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. *July 11, 2012
b. *July 11, 2012 Work Session Summary (Information Only)
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
a. PZ12 -19 — A resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Kenai Municipal Code Section 14.22.010, "Land Use Table,"
for all zones by amending three uses, add language to Footnote 13 to provide consistency
between Title 14 and Title 3, and deleting three uses. Discussion/Set Public Hearing.
b. PZ12-23 — A resolution of the Kenai Planning and Zoning Commission recommending
Kenai City Council amend Section 14.20.230, "Home Occupations," to clarify that
appeals regarding Home Occupation Permits shall be made in accordance with KMC
14.20.290, "Appeals -Board of Adjustment," and to make other technical changes to
provide uniformity with the Kenai Zoning Code, KMC Chapter 14.20. Discussion/Set
Public Hearing.
Agenda
July 25, 2012
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. NEXT MEETING ATTENDANCE NOTIFICATION: August 8, 2012
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Page 2
CITY OF KENAI
PLANNING & ZONING COMMISSION
JULY 11, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:00 p.m.
1 -a. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
1 -b. Roll Call
Roll was confirmed as follows:
Commissioners present:
Commissioners absent:
Staff/ Council Liaison present:
Chair J. Twait, H. Knackstedt, K. Koester,
K. Peterson, P. Bryson
C. Smith (excused), J. Rowell
City Planner M. Kebschull, Planning Assistant
N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall
A quorum was present.
1 -c. Agenda Approval
Twait noted the following changes to the agenda:
ADD TO:
ADD TO:
MOTION:
1 -e. Excused Absences Commissioner Rowell
9 -a. Council Report
Action Agenda of July 10 Council Meeting
Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1 -d. Consent Agenda
MOTION:
Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner
Bryson SECONDED the motion. There were no objections. SO ORDERED.
1 -e. *Excused Absences
Clifford Smith
• James Rowell (added at start of meeting)
Approved by consent agenda.
*A11 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
2 -a. June 27, 2012
2 -b. June 27, 2012 Work Session Summary (Information Only)
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT
3 -a. Dorothy Gray, Holy Assumption Virgin Mary Russian Orthodox Church -
Preservation Grant - Project Update.
Ms. Gray reviewed a summary of the project included in the packet, noting the outbuilding
would include a mechanical room, public restroom and gift shop.
4. CONSIDERATION OF PLATS -- None.
5. PUBLIC HEARINGS -- None.
6. UNFINISHED BUSINESS
6 -a. Discussion /Recommendation -- 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.)
City Planner Kebschull reviewed her memorandum included in the packet.
MOTION:
Commissioner Koester MOVED to request Council postpone action on Ordinance No.
2597 -2011 to an undetermined date to provide time for completion of the comprehensive
plan review so that recommendations from the implementation plan can be considered
prior to recommending an amendment. Commissioner Peterson SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
JULY 11, 2012
PAGE 2
VOTE: MOTION PASSED UNANIMOUSLY.
7. NEW BUSINESS -- None.
8. PENDING ITEMS -- None.
9. REPORTS
9 -a. City Council -- Mayor Porter reviewed the July 10, 2012 Council meeting.
9 -b. Borough Planning -- No report.
9 -c. Administration -- Kebschull reviewed the Quarterly Reports included in the
packet, noted receiving a grant to attend training in Spokane, and reported construction
would begin on the utilities for the Denaina Health Clinic this summer.
10. PERSONS PRESENT NOT SCHEDULED
Kristine Schmidt, 513 Ash Avenue -- reported public participation was not easy during
the work sessions.
11. INFORMATION ITEMS
PZ12 -18 - Landscape /Site Plan - Quick Lane - 250 Airport Way
Planning & Zoning Resolutions 2nd Quarter 2012
Code Enforcement 2nd Quarter 2012
Building Permits 2nd Quarter 2012
12. NEXT MEETING ATTENDANCE NOTIFICATION
12 -a. July 25, 2012
No commissioners requested an excused absence from the July 25 meeting.
13. COMMISSION COMMENTS & QUESTIONS -- None.
14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
approximately 7:26 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
JULY 11, 2012
PAGE 3
at)
WORK SESSION SUMMARY
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
July 11, 2012
6 p.m. - 7 p.m.
1. Call to Order
Chair Twait called the meeting to order at approximately 6 p.m.
2. Roll Call
Confirmed as follows:
• Commissioners present: J. Twait, H. Knackstedt, P. Bryson, K. Peterson, K. Koester
• Commissioners absent: C. Smith, J. Rowell
• Staff /Council Liaison present: City Planner M. Kebschull, Planning Assistant N. Carver,
Mayor Porter
3. Approval of Agenda: Commissioner Knackstedt made a motion to approve agenda as submitted,
seconded by Commissioner Peterson.
4. *Public Participation — Comprehensive Plan — Implementation Plan — None
(Commission agreed to relax restriction for public participation).
5. Commission Discussion: Comprehensive Plan — Implementation Plan
> Kebschull reviewed minor changes from June 27, 2012 meeting.
> Page 3 - 1 s` Paragraph:
• Typo "may not" and "would not" instead of wouldn't.
• Where did priorities descriptions come from?
• Not comfortable with description of Medium (Koester) and Low (Kebschull)
priorities. Add the word "These" Kebschull will continue to work on description.
> Page 5:
• Add programs offered by KPD & KFD.
> Page 7:
• Correct TSH acronym.
> Page 9:
• #10 — Remove "tax abatement and other forms of' (Bryson).
> Page 13:
• Remove "Identify areas not suitable for development" (Commission).
> Page 16
• Add State and Federal to 15` two strategies.
• Kebschull corrected wording in 2 "d strategy.
• Page 21
• Kebschull has not met with B. Frates about Parks & Rec.
• #22 — Add new strategy - Community Development Plans.
• Implement Parks & Recreation Plans - Have plans been adopted?
> Public meeting tentatively scheduled for Saturday, September 15, 2012.
• Consultants looking at different ideas to host public meeting "open house" type
forum, to attempt to meet different time frames i.e. (10 -noon) (2 -4pm).
Work Session Summary
July 16, 2012
Page 2
• Notification from email lists, Commissions.
• Notes from all group meetings are in the files.
• Outreach Plan will be at end of Plan.
• Commissioners & Ms. Schmidt went into the back room to see the original
zoning map.
> Next work session - revisit Land use Table and Definitions.
6. Commissioner Knackstedt made a motion to adjourned, seconded by Commissioner Bryson.
Work session ended at approximately 6:40 p.m.
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The
Commission may relax this restriction.
Notes taken by: Planning Assistant Carver
Nihr clty of,/
KENAI, ALASKA
V
Village with a Past, Ct with aFuture
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111,
1992
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: July 16, 2012
SUBJECT:
PZ12 -19 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND
THE KENAI MUNICIPAL CODE, CHAPTER 14.22, "LAND USE TABLE,"
TO MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE
REFERENCES TO CERTAIN USES (PARKING, PRINTING, AND
CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED
TOGETHER SO THEY ARE SEPARATELY - LISTED USES, AND
ADDING INTERNAL CODE REFERENCES.
The attached resolution recommends an amendment to KMC 14.22.010, "Land Use
Table." The recommended changes are those identified during review of the Land Use
Table for uses in the residential zones. In addition, I have included the category
"Commercial Kennel" which will be added to "Animal Boarding." This was a
recommendation after the adoption of Ordinance No. 2519 -2010.
Unless the Commission's recommends an alternate schedule, I have set this resolution
for public hearing on August 8th
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -19
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL
CODE, CHAPTER 14.22, "LAND USE TABLE," TO MAKE TECHNICAL CORRECTIONS
BY DELETING DUPLICATIVE REFERENCES TO CERTAIN USES (PARKING,
PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED
TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND ADDING INTERNAL
CODE REFERENCES.
WHEREAS, the Land Use Table currently lists a single category of
"Theaters /Commercial Recreation," yet these activities could be highly varied and
separating the two uses (while keeping the land use permissions the same for each
zoning districts) will better aid the public in the future in making determinations
about which activities included in these uses may be allowed in various zones within
the City; and,
WHEREAS, the category "Animal Boarding" should be amended to clarify that it
includes the use for a "Commercial Kennel "; and,
WHEREAS, adding a reference in Footnote 13 regarding the City's animal control
ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand
additional requirements adhere to animal control uses; and,
WHEREAS, it is no longer necessary to specifically list some uses, like printing and
charitable institutions, because those uses are already described and permitted
through other allowed uses; and,
WHEREAS, "Off- Street Parking" is regulated under KMC 14.20.250 so its separate
listing in the Land Use Table is unnecessary where parking lots are already covered
under a different entry in the Land Use Table; 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 shown on Attachment A:
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
C'$
P
P
P
P
P
P
p2'
S'
s2
s2
02
P
P
p
S'ic21
Two /Three Family
Dwelling
CI$
P
P
P
P
P
P
P2'
S'
C
C
C22
PP
PSI/C21
Four Family Dwelling
C°
P
C3•29
P
N
N
P
P21
S'
C
C
C22
N
P
C
S' /C2I
Five /Six Family Dwelling
C18
C3
N
P
N
N
P
P2'
SI
C
C
N
N
P
C
S' /C2'
Seven or More Family
Dwelling
Cis
C3
N
C3
N
N
P
P2'
S'
C
C
N
N
P
CSI/C2'
Townhouses"
Cis
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'
CI$
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
N
C
N
C
N
N
C
P
PP
C
N
C
C
C
P
Business /Consumer
Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Guide Service
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
Sea
C
C
P
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
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. PZ12 -19 — 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
NC
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
NN
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
RS1
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
p'°
p10
P1°
p10
p'°
p'0
pH/
p'0
c
C
P
13i0
P
P
P
Clinics
CC
NC
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
C2'
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
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
CC
NC
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
C
C
C 29
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
C
C
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding /Commercial
C
C
N
C
C
N
N
C
C
C
C
N
C
NC
C
Kennel"
Bed and Breakfasts
CC
CC
C
C
C
C
C
C
C
N
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
NC
N
C
NN
C
C
C
C
C
N
C
CC
C
Day Care Centers12
C
C
C 29
C
C
C
C
P
P
P
C
C
C
C
P
p
Dormitories /Boarding Houses
CC
N
C
C
C
P
P2'
S
C
p
p23
C
CC
P
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General
Agriculture * **
PP
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
CC
P
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Page 2
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
MISCELLANEOUS
LAND USES
C
RR
RR1
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
Assembliest5 (Large:
Circuses, Fairs, Etc.)
C
C
N
C
C
C
C
P15
P15
P"
P15
P"
C
P
N
P15
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
N
C
C
C
C
P
P
C
C
C
C
CC
P
[PARKING, OFF - STREET]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
Parking, Public Lots12
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
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 limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2. One (1) single - family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal
uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property
values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage
spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — 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. Animal Boardin¢ and Commercial Kennels require a kennel license. (See KMC Chapter 3.15.)
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
Permitted(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Self - Service
Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 — Attachment A
Page 4
Personal services not set forth in the above matrix are conditional uses.
28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC
14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a)
driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -way and that driveway access
is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the
driveway access as shown on an as -built drawing/survey of the parcel.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. PZ12 -19 - Attachment A
Page 5
Sponsored by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. * -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.22, "LAND USE TABLE," TO
MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE REFERENCES TO
CERTAIN USES (PARKING, PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING
OUT USES GROUPED TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND
ADDING INTERNAL CODE REFERENCES.
WHEREAS, the Land Use Table currently lists a single category of
"Theaters /Commercial Recreation," yet these activities could be highly varied and
separating the two uses (while keeping the land use permissions the same for each
zoning districts) will better aid the public in the future in making determinations
about which activities included in these uses may be allowed in various zones within
the City; and,
WHEREAS, the category "Animal Boarding" should be amended to clarify that it
includes the use for a "Commercial Kennel "; and,
WHEREAS, adding a reference in Footnote 13 regarding the City's animal control
ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand
additional requirements adhere to animal control uses; and,
WHEREAS, it is no longer necessary to specifically list some uses, like printing and
charitable institutions, because those uses are already described and permitted
through other allowed uses; and,
WHEREAS, "Off- Street Parking" is regulated under KMC 14.20.250 so its separate
listing in the Land Use Table is unnecessary where parking lots are already covered
under a different entry in the Land Use Table; and,
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, section 14.22.010, 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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012
Page 2 of 2
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.
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
08
P
P
P
P
P
P
Pei
S'
S2
S2
C22
P
P
P
S' /C21
Two/Three Family
Dwelling
C18
P
P
P
P
P
P
P2'
S'
C
C
C22
P
P
PSI/CI
Four Family Dwelling
C18
P
C3.29
P
N
N
P
P2'
S'
C
C
C22
N
P
C
S'/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
0
N
C3
N
N
P
P2'
S'
C
C
N
N
P
CSI/C2'
Townhouses4
C18
CA
03.29
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'
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
111
ED
R
TSH
LC
CMU
Automotive Sales
NC
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
NC
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer
Services
NC
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Guide Service
NC
N
C
N
N
C
P
P
P
P
N
P
P
C
p
Hotels/Motels
N
C
N
C
N
NC
P
P
P
C
N
C
P
C
P
Lodge
NC
N
C
N
N
C
P
Pp
C
N
P
P
C
P
Professional O f f i c e s
N
C
C29
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Wholesale Business
NC
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
Theaters[ /COMMERCIAL
RECREATION]
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
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
RR1
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
NN
NN
N
Manufacturing/Fabricating/
Assembly
NC
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini - Storage Facility
NC
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
NC
NC
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
NC
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[CHARITABLE
INSTITUTIONS]
[C]
[C]
[C29]
[C]
[C]
[C]
[Pi
[P]
[P]
[Pi
[P]
[P]
[C]
[P]
[C]
[P]
Churches*
c
P10
p'°
p10
p10
p10
p10
p1°
pH/
c
c
p
p1°
p
p
p
Clinics
CC
NC
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
C 29
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
C29
C
C
C
C
P
P
C
C
P
C
CC
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
C'2
P
P
P
C
P
C
P
C
P
Museums
C
C
C2J
C
C
CC
P
P
P
C
P
C
PC
P
Parks and Recreation
P
C
C29
C
C
C
C
P
P
P
P
p
p
p
C
p
Assisted Living
CC
CC
C
C
C
C
C
C
C
C
C
C
C
C
MISCELLANEOUS
LAND USES
C
RR
RR1
RS
RSI
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Animal Boarding /Commercial
CC
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Kennel"
Bed and Breakfasts
CC
C
C
C
C
C
CC
C
C
N
P
CC
P
Cabin Rentals
C
C
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
NC
N
C
N
N
C
C
C
C
C
N
C
CC
C
Day Care Centers12
C
C
C"
C
C
CC
P
PP
C
C
C
C
P
P
Dormitories/Boarding Houses
CC
NC
C
C
P
P21
S
C
p
P23
C
CC
P
Essential Services
PP
PP
P
P
P
P
P
P
P
P
P
P
P
p
Farming/General
Agriculture***
PP
NN
N
N
N
N
N
N
P
N
P
N
N
N
Greenhouses/Tree
Nurseries13
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
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
MISCELLANEOUS
LAND USES
C
RR
RR1
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
Assemblies's (Large:
Circuses, Fairs, Etc.)
C
C
N
C
C
C
C
P's
P's
P's
P's
P's
C
P
N
P'5
Fraternal Organizations/
Private Clubs /Social Halls
and Union Halls
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
Nursing, Convalescent or
Rest Homes
N
C
N
C
C
C
C
P
P
C
C
C
C
CC
P
[PARKING, OFF- STREET]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
[P]
Parking, Public Lots12
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services
C
C
N
C
C
C
C
P
P
P
P
C
C
P
P/
C.27
P
Communications Towers &
Antenna(s), Radio/TV
Transmitters /Cell Sites** 28
P
C
N
C
C
C
C
P
P
P
P
P
C
CC
C
Recreational Vehicle Parks
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of
Natural Resources16
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of
Natural Resources"
C
C
N
C
N
N
C
N
C
C
C
N
C
NN
N
See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of2000)
** 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]
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. Animal Boarding and Commercial Kennels require a kennel license. (See KMC Chapter 3.15.)
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property
in a residential zone.
b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public
streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144 -2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27.
Limited Commercial Zone
Personal Services
Permitted(P)
Conditional Use(C)
Art Studios
X
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Self- Service
Laundries
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
New Text Underlined; [DELETED TEXT BRACKETED]
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
tiff et"/ of/
KENAI, ALASKA
Wage with a Past a with a Futurb
MEMO:
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
1992
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administratiory
DATE: July 10, 2010
SUBJECT: PZ12 -23 — Amendment to KMC 14.20.230 — Home Occupations
Administration is proposing an amendment to KMC 14.20.230 which would clarify the
procedure for processing applications for Home Occupation Permits and appeals.
Administration has prepared the resolution and draft ordinance and is prepared to
process the amendment for a public hearing at the Commission's meeting on
August 8th
Does the Commission want to proceed with scheduling a public hearing on August 8th?
the of
KENAIv ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ12 -23
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.230, "HOME
OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION
PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS -
BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO
PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20.
WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an
appeal process of an administrative official's decision to the Planning and Zoning
Commission (Commission); and,
WHEREAS, the Commission makes the final determination about whether to grant or
deny a home occupation permit and the typical process for appealing a decision of the
Commission is set out in KMC 14.20.290; and,
WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for
appealing a decision of the Commission with respect to home occupations; and,
WHEREAS, it is also desirable to update the format of section 14.20.230 to create
uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative
officials and to make other technical corrections; 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:
14.20.230 Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that
are compatible with other permitted uses and with the residential character of a
neighborhood, and [WHICH] that are clearly secondary or incidental to the residential
use of the main building. In general, a home occupation is an accessory use so located
and conducted that the average neighbor, under normal circumstances would not be
aware of its existence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses only so long as all the development
requirements listed in this section are observed.
(b) Uses Permitted. Subject to the development requirements of this section, home
occupations include, but are not limited to, the following uses:
(1) Art studio[.]Z
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ2012 -23
Page 2 of 3
(2) Day care of no more than eight (8) children under the
including children related to the caregiver[];
(3) Dressmaking[];
(4) [MILLINERY.]Sewing and tailoring;
(5) [BEAUTY PARLOR.]Barbers and beauticians; and,
(6) Tutoring and musical instruction.
(c) Uses Prohibited. The following uses are prohibited as home
(1) Commercial auto, small machine, and boat repair[];
(2) Commercial kennels or similar uses[];
(3) Convalescent homes for the care of more than two (2)
(4) Mortuaries[];
(5) Private schools with organized classes[.];
(6) Real estate office[.]; and,
(7) Restaurants.
(d) Development Requirements.
(1) Not more than one (1) person outside the family shall be employed in the
home occupation.
(2) No more than thirty percent (30 %) of the gross floor area of all buildings on
the lot shall be used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal
building, or other buildings which are accessory thereto. Any building used
for a home occupation shall be wholly enclosed.
(e) Permit Application.
(1) An application for a home occupation permit shall be filed in writing with
the City Planning and Zoning Department and signed by the person
requesting to operate the home occupation.
(2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds
the application meets the criteria of KMC 14.20.230 and recommends that
the Commission should grant the permit, the official shall place
consideration of the application [IT SHALL BE PLACED] on the consent
agenda of the Planning and Zoning Commission. Otherwise, the
administrative official shall place consideration of the application as a
regular new business item on the Commission's agenda. Applications listed
on the consent agenda are considered routine and will be approved by one
motion. There will be no separate discussion of the application unless a
member of the Commission 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.
A finding by the Planning and Zoning [ADMINISTRATION] Commission that
an application does not meet the criteria of KMC 14.20.230 [AND THE
DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in
accordance with KMC 14.20.290. [TO THE PLANNING AND ZONING
COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY
CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.]
(4) Notice of the consideration by the Commission of a home occupation permit
application shall be published once at least two (2) days prior to the meeting
in a paper of general circulation in the City of Kenai.
age twelve (12),
occupations:
patients[];
(3)
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution PZ2012 -23
Page 3 of 3
(f) Permits Nontransferable. A home occupation permit granted under this section
[SHALL] is not [BE] transferable to another person or location.
(g) Exemption. No home occupation permit shall be required for:
(1) Activities or business which are carried on solely by use of phones,
computers and mail or delivery services; or
(2) A state - approved relative home day care provider that provides care to no
more than five (5) children (including the care giver's own children) under
the age of twelve (12) of which no more than two (2) may be under thirty (30)
months of age and who are the care giver's grandchildren, great -
grandchildren, sibling (only if living in a separate residence), niece or
nephew (not a great niece or nephew), and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by members of
the public to the home.
(h) Fire Code Inspections.
(1) Day care facilities shall be inspected by the Fire Marshal for compliance with
the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they
shall be inspected every other year by the Fire Marshal. Failure to comply
with the fire code (KMC 8.05) shall be grounds for the suspension or
revocation of the facilities' home occupation permit.
(2) Residences which are the subject of a home occupation permit application
(other than day care facilities) may be required to be inspected by the Fire
Marshal for compliance with the fire code (KMC 8.05) prior to approval of the
permit, if the Fire Marshal determines it is necessary for public safety.
Dated at Kenai, Alaska this day of , 2012
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Planning 86 Zoning Commission
CITY OF KENAI
ORDINANCE NO. * -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS,"
TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE
MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF
ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE
UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20.
WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an
appeal process of an administrative official's decision to the Planning and Zoning
Commission (Commission); and,
WHEREAS, the Commission makes the final determination about whether to grant or
deny a home occupation permit and the typical process for appealing a decision of the
Commission is set out in KMC 14.20.290; and,
WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for
appealing a decision of the Commission with respect to home occupations; and,
WHEREAS, it is also desirable to update the format of section 14.20.230 to create
uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative
officials and to make other technical corrections; and,
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 14.20.230 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 14.20.230, Home Occupations, is hereby amended as follows:
14.20.230 Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that
are compatible with other permitted uses and with the residential character of a
neighborhood, and [WHICH] that are clearly secondary or incidental to the residential
use of the main building. In general, a home occupation is an accessory use so located
and conducted that the average neighbor, under normal circumstances would not be
aware of its existence other than for a sign as permitted in this chapter. Home
occupations are permitted accessory uses only so long as all the development
requirements listed in this section are observed.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012
Page 2 of 4
(b) Uses Permitted. Subject to the development requirements of this section, home
occupations include, but are not limited to, the following uses:
(1) Art studio[.]=
(2) Day care of no more than eight (8) children under the age twelve (12),
including children related to the caregiver[.];
(3) Dressmaking[.];
(4) [MILLINERY.]Sewing and tailoring;
(5) [BEAUTY PARLOR.]Barbers and beauticians; and,
(6) Tutoring and musical instruction.
(c) Uses Prohibited. The following uses are prohibited as home occupations:
(1) Commercial auto, small machine, and boat repair[.];
(2) Commercial kennels or similar uses[.];
(3) Convalescent homes for the care of more than two (2) patients[.];
(4) Mortuaries[.];
(5) Private schools with organized classes[.];
(6) Real estate office[.]; and,
(7) Restaurants.
(d) Development Requirements.
(1) Not more than one (1) person outside the family shall be employed in the
home occupation.
(2) No more than thirty percent (30 %) of the gross floor area of all buildings on
the lot shall be used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal
building, or other buildings which are accessory thereto. Any building used
for a home occupation shall be wholly enclosed.
(e) Permit Application.
(1) An application for a home occupation permit shall be filed in writing with
the City Planning and Zoning Department and signed by the person
requesting to operate the home occupation.
(2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds
the application meets the criteria of KMC 14.20.230 and recommends that
the Commission should grant the permit, the official shall place
consideration of the application [IT SHALL BE PLACED] on the consent
agenda of the Planning and Zoning Commission. Otherwise, the
administrative official shall place consideration of the application as a
regular new business item on the Commission's agenda. Applications listed
on the consent agenda are considered routine and will be approved by one
motion. There will be no separate discussion of the application unless a
member of the Commission 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.
(3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that
an application does not meet the criteria of KMC 14.20.230 [AND THE
DENIAL OF PLACEMENT ON THE CONSENT AGENDA] may be appealed in
accordance with KMC 14.20.290. [TO THE PLANNING AND ZONING
COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY
CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.]
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012
Page 3 of 4
(4) Notice of the consideration by the Commission of a home occupation permit
application shall be published once at least two (2) days prior to the meeting
in a paper of general circulation in the City of Kenai.
(f) Permits Nontransferable. A home occupation permit granted under this section
[SHALL] is not [BE] transferable to another person or location.
(g) Exemption. No home occupation permit shall be required for:
(1) Activities or business which are carried on solely by use of phones,
computers and mail or delivery services; or
(2) A state- approved relative home day care provider that provides care to no
more than five (5) children (including the care giver's own children) under
the age of twelve (12) of which no more than two (2) may be under thirty (30)
months of age and who are the care giver's grandchildren, great -
grandchildren, sibling (only if living in a separate residence), niece or
nephew (not a great niece or nephew), and which involve no outside sign,
little or no increase in traffic, and with only occasional visits by members of
the public to the home.
(h) Fire Code Inspections.
(1) Day care facilities shall be inspected by the Fire Marshal for compliance with
the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they
shall be inspected every other year by the Fire Marshal. Failure to comply
with the fire code (KMC 8.05) shall be grounds for the suspension or
revocation of the facilities' home occupation permit.
(2) Residences which are the subject of a home occupation permit application
(other than day care facilities) may be required to be inspected by the Fire
Marshal for compliance with the fire code (KMC 8.05) prior to approval of the
permit, if the Fire Marshal determines it is necessary for public safety.
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.
PAT PORTER, MAYOR
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. * -2012
Page 4 of 4
Sandra Modigh, City Clerk
Introduced: , 2012
Adopted: , 2012
Effective: , 2012
New Text Underlined; [DELETED TEXT BRACKETED]
ACTION AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 18, 2012
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http:/ / Wv%W.ci.kenai.ak :os
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. Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and
Appropriations by $20,000 in the Airport Fund and in the Airport
Improvement Capital Project Fund for the Airfield Marking Improvement
Project.
APPROVED BY SUBSTITUTE ORDINANCE
E. MINUTES
1. *Work Session Notes of July 10, 2012
APPROVED BY CONSENT AGENDA
2. *Regular Meeting of July 10, 2012
APPROVED BY CONSENT AGENDA
F. UNFINISHED BUSINESS -- None
G. NEW BUSINESS
1. Action /Approval -- Purchase Orders Exceeding $1 5,000
APPROVED UNANMIOUSLY
qa
2. Action /Approval -- Assignment of Lease Between the City of Kenai and
Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an Approximately
13,037 Square Foot Area as Depicted on Tract A -1, Replat Tract "A"
Kenai Spur- Airport Lease Property, North East 1/4, Section 5, Township
5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai
Recording District, Kenai Peninsula Borough, Alaska.
APPROVED UNANMIOUSLY
3. Action /Approval -- City Attorney Position Description
APPROVED AS AMENDED
4. Discussion -- Scheduling a City Council Work Session to Discuss and
Identify Capital Project Priorities Based on Appropriations Received from
the State of Alaska.
WORK SESSION SCHEDULED ON AUGUST 1, 5:30 P.M. (PRIOR TO
REGULAR MEETING)
5. *Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map
by Rezoning, Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B,
and that Portion of Lot A -1 -B Being Utilized for a Fire
Industrial /Structural Training School (Parcel #'s 04501019, 045010020,
and 04501021) from Education (ED) to Light Industrial (IL).
APPROVED BY CONSENT AGENDA / PUBLIC HEARING SCHEDULED
ON AUGUST 1, 2012
6. *Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and
Appropriations by $ 10,000 in the Park Improvements Capital Project
Fund for Capital Improvements in Municipal Park.
APPROVED BY CONSENT AGENDA / PUBLIC HEARING SCHEDULED
ON AUGUST 1, 2012
7. *Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and
Appropriations by $61,566 in the General Fund City Manager and Parks
Departments for the Receipt of a Grant from the State of Alaska
Department of Environmental Conservation for Bacteria Level Monitoring
on the City's Beaches During the 2012 Personal Use Fishery,
APPROVED BY CONSENT AGENDA / PUBLIC HEARING SCHEDULED
ON AUGUST 1, 2012
8. *Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and
Appropriations by $4,960 in the General Fund Parks Department for an
Increase in a Previously Awarded Grant from the State of Alaska
Department of Environmental Conservation for Bacteria Level Monitoring
on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery.
APPROVED BY CONSENT AGENDA / PUBLIC HEARING SCHEDULED
ON AUGUST 1, 2012
City of Kenai Council Meeting Agenda Page 2 of 3
July 18, 2012
9. *Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and
Appropriations by $6,500.00 in the General Fund for a Library Grant.
APPROVED BY CONSENT AGENDA / PUBLIC HEARING SCHEDULED
ON AUGUST 1, 2012
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4, Library Commission
5, Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
A. Kenaitze Indian Tribe Health Center
B. Planning Commission Training
C. Department Director Mid -Month Reports
2. City Attorney
3. City Clerk
A. 2012 City Election Notices
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per
speaker)
2. Council Comments
L. EXECUTIVE SESSION -- None
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 (RS 1),
Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential
RR -1, and the Urban Residential (RU) Zoning Districts.
[Clerk's Note: At its November 16, 2011 meeting, Council postponed
Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the
ordinance was referred back to the Planning and Zoning Commission
so the Commission could continue to consider the changes proposed in
this work product during the Comprehensive Plan process.]
N. ADJOURNMENT
8:55 P.M.
City of Kenai Council Meeting Agenda Page 3 of 3
July 18, 2012
MEMBERS:
Alice Joanne Collins
Anchor Point / Ninilchik
Term Expires 2013
Mari Anne Gross
Southwest Borough
Term Expires 2014
Harry Lockwood
Ridgeway
Term Expires 2013
Robert Ruffner
Kasilof / Clam Gulch
Term Expires 2012
ALTERNATES:
James (sham
Sterling
Term Expires 2012
Jason Tauriainen
(July Only)
Northwest Borough
Term Expires 2014
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
5:30 p.m. July 16, 2012
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers
- Chairman & Vice Chairman
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member /Alternate Excused Absences
3. Minutes
a. June 25, 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. Wilshire Acres 2012
KPB File 2012 -082 [Ability /Cunningham]
Location: North of East End Rd on Greer Rd.
K -Bay APC
2. Eagle Estates 2012 Replat
KPB File 2012 -087 [Ability /Thrall]
Location: On Birdwatch St. in Anchor Point
Anchor Point APC
3. Soldotna Junction Sub Lancaster 2012 Addn.
KPB File 2012 -083 [McLane /Lancaster]
Location: City of Soldotna
4. Georgine Lake Sub Satathite Replat
KPB File 2012 -084 [Integrity / Satathite]
Location: On Koala Lane in Nikiski
5. Sterling Air Park Phase One
KPB File 2012 -085 [Integrity /Christensen]
Location: On Jacobsen Avenue in Sterling
6. McGahan Industrial Airpark Sub No. 6
KPB File 2012 -086 [Integrity /McGahan]
Location: South of Kenai Spur Hwy. in Nikiski
7 McFarland Sub Katzenberger Addn.
KPB File 2012 -088 [Integrity / Katzenberger]
Location: On Monica St. in Sterling
8. Van Sky Sub No. 5
KPB File 2012 -089 [IntegrityNan Sky]
Location: On Jeffery Ave. in North Kenai
9. Isaak Sons Sub 2012 Addition
KPB File 2012 -090 [Integrity /Isaak]
Location: On Jefferson Ave. in Soldotna
10. Barabara Heights Sub 2012 Replat
KPB File 2012 -091 [Integrity /George, Suydam]
Location: On South Boone Lane in Seldovia
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, August 13, 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: planningaborough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
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
VACANT
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
July 16, 2012 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
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.
*1. Time Extension Request - None
*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
*7.
a. Vacant, City of Soldotna
b. Rick Foster, City of Homer
Minutes
a. June 25, 2012 Plat Committee Minutes
b. June 25, 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 a portion of Wystmour Drive and a portion of Winsor Lane (renamed
to Gamble Street per street name Resolution 2007 -01); 30- foot right of way
dedications and associated 10 -foot utility easements along the south and
east boundaries of Tract 4E Wilshire Acres Subdivision Shibe — Green
Addition (Plat HM 87 -26) originally dedicated by Wilshire Acres Subdivision
(Plat HM 74- 1200); and vacate the 10 -foot utility easement along the west
boundary of Tract A of Rice -Finch Tract A Subdivision (Plat HM 75 -29);
Jason Tauriainen
PC Member
Northwest Borough
Term Expires 2014
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
within Section 27, Township 5 South, Range 12 West, Seward Meridian and
the Kenai Peninsula Borough, Alaska. KPB File 2012 -076. Petitioner: Ross
C. Bright of Seattle, Washington. Location: On Wystmour Drive and Gamble
St. in Homer, Alaska
2. Ordinance 2012- 19 -16; An ordinance approving the acquisition of real
property along Salmon Creek for Flood Mitigation and appropriating $27,700
from Seward Bear Creek Flood Service Area for the acquisition of four
parcels and approving a contribution from the Conservation Fund for the
acquisition of five additional parcels along Salmon Creek.
3. Resolution 2012 -_; Resolution authorizing a lease of 2,400 sq ft of garage
space at 3800 Sterling Hwy on behalf of Kachemak Emergency Services for
temporary fire station purposes.
4. Resolution 2012 -34; Application for a Conditional Land Use Permit for a 12.8
acre material site located on the West Side of Cook Inlet in the Drift River
area on KPB Tax Parcel ID #: 221 - 110 -22; T 6N R 17W SEC 1 -12 SEWARD
MERIDIAN AN SECS 1 THRU 12 LYING NORTH OF SOUTHERLY
MEANDER LINE OF DRIFT RIVER
5. Resolution 2012 -27; Application for a variance from KPB 21.29.050.A.6, the
Conditional Land Use Permit requirements pertaining to excavation within
100 feet of certain water bodies. Requested in conjunction with the material
site permit application for KPB Tax Parcel ID #: 221 - 110 -22; T 6N R 17W
SEC 1 -12 SEWARD MERIDIAN AN SECS 1 THRU 12 LYING NORTH OF
SOUTHERLY MEANDER LINE OF DRIFT RIVER
G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
1. Resolution 2012 -28; A variance application pursuant to KPB 21.18 to enclose
an existing structure by adding walls and a floor to the existing frame and
roof. This project is within 50 -feet of the ordinary high water mark of the
Kenai River and within the Poachers Cove boat basin. This project is located
near the right bank of the Kenai River at River Mile 17.1 along a boat basin
on Lot 171, Poachers Cove Planned Unit Development, Section 19, T. 5 N.,
R. 10 W., S.M., AK, (KPB Parcel I.D.: 057 - 487 -70).
2. Resolution 2012 -29; A variance application pursuant to KPB 21.18 for the
construction of a 28 -foot by 48 -foot cabin within 50 -feet of the ordinary high
water mark of the Kenai River within the Poachers Cove boat basin. This
project is located near the right bank of the Kenai River at River Mile 17.1
along a boat basin on Lot 172, Poachers Cove Planned Unit Development,
Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D.: 057- 487 -69).
3. Resolution 2012 -31; Public notice is hereby given that an application for a
conditional use permit has been received to construct 25 -feet of additional
elevated light penetrating (ELP) walkway within the 50 -foot Habitat Protection
District of the Kenai River.
4. Resolution 2012 -32; Public notice is hereby given that an application for a
conditional use permit has been received to place reflective mile markers
along the banks of the Kenai River to assist emergency services within the
50 -foot Habitat Protection District of the Kenai River.
5. Resolution 2012 -33; Public notice is hereby given that an application for a
conditional use permit has been received to install a utility line to be trenched
from the meter at Castaway Cove which is within the 50 -foot Habitat
Protection District of the Kenai River.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the 10 -foot utility easement along the northern boundary of Tract 1
and vacate the 20 -foot utility easement centered on the line common to Tract
1 and Tract 2 (retaining the east 175 -feet of said 20 -foot easement), granted
by Swan View Subdivision (Plat KN 74 -44); within Section 6, Township 5
North, Range 8 West, Seward Meridian, Alaska, within the Kenai Peninsula
Borough. KPB File 2012 -068. Petitioners: Robert Kuiper and Judy Hummel
of Sterling, Alaska. Location: Off Otter Trail Rd. in Sterling
2. Vacate the 20 -foot utility easement centered on the line common to Lots 99B
and 100B granted by Nikolaevsk Village No. 11 (Plat HM 90 -23); within
Section 24, Township 4 South, Range 14 West, Seward Meridian, Alaska,
within the Kenai Peninsula Borough. KPB File 2012 -081. Petitioners:
Vladimir Martushev and Sira Ashley Fefelov of Nikolaevsk, Alaska. Location:
On Nikolaevsk Road in Anchor Point area
SPECIAL CONSIDERATIONS
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 10 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
NO ACTION REQUIRED
1 Kenai Planning & Zoning Commission Minutes
- June 27, 2012
- May 23, 2012
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, August
13, 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
August 7, 2012
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
August 8, 2012
6:00 p.m.
Hope / Sunrise
Hope
Social Hall
August 9, 2012
7:00 p.m.
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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(c�borough.kenai.ak.us
web site: www. borough .kenai.ak.us /planningdept
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