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Home My WebLink AboutResolution No. PZ2012-19CITY 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 t Kdsr� eai,, Alaska th is8th day of August, 2012 CHAIR New Text Underlined; [DELETED TEXT BRACKETED] M "'Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -22 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Clint Hall USE: Assisted Living Facility LOCATED: 701 North Forest Drive - Tract 37, Killen Estates Addition No 1 (Street Address /Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04321015 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: July-5,2012 2. This request is on land zoned: RS - Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: August 8, 2012. 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED ASSISTED LIVING FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST &2012. /-1 I CN:I:\ 1.7 �1:7.Y�]`►tr! %� 71:1 �� ' &A.i%�`� M 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[.], 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 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.] (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. New Text Underlined; [DELETED TEXT BRACKETED) Resolution PZ2012 -23 Page 3 of 3 (fJ 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. Dat d at fennai, Alaska this 8th day of August, 2012 CHAI ATTEST: New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI PLANNING AND ZONING COMM RESOLUTION NO. PZ12 -24 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat FRESH START SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onJuly 25, 2012, and received from Integrity Surveys WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS —Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does notcreate nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE FRESH START SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUG SST 2012. ATTEST: