HomeMy WebLinkAbout2001-05-23 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
KENAI SENIOR CITIZEN'S CENTER
May 23, 2001 - 7:00 p.m.
http:llwww, ci.kenai.ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. 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: MAY 9, 2001
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZO1-20--KENAI TOWNSITE 2001 REPEAT-Submitted by Johnson Surveying, P.O.
Box 27, Clam Gulch, Alaska 99568.
5. PUBLIC HEARINGS:
a. Resolution PZO1-21 recommending to the Council an Ordinance amending KMC
14.20.321 to provide: 1) That applicants must provide evidence of being current on all
city obligations prior to issuance of a permit; 2) To provide for an annual report
summarizing on-site activity for the year; 3) Setting forth standards for revocation of
condition use permits for non-compliance with the terms of the permit, violations of the
Kenai Zoning Code, or delinquency in city obligations.
b. Resolution PZO1-22 recommending to the Council an Ordinance amending KMC 14.20.150
to provide: 1) That applicants must provide evidence of being current on all city obligations
prior to issuance of a permit; 2) To provide for an annual report summarizing on-site activity
for the year; 3) Setting forth standards for revocation of condition use permits for non-
compIiancewith the terms of the permit, violations of the Kenai Zoning Code, or delinquency
in city obligations.
6. OLD BUSINESS:
7. NEW BUSINESS:
$. PENDING ITEMS:
a. Resolution No. 2001-32 - A resolution of the Council of the City of Kenai, Alaska, that
the contract for planning services -City of Kenai Comprehensive Plan be awarded to
Kevin Waring Associates for the total not-to-exceed amount of $79,748.
Planning & Zoning Commission
Agenda
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
ll. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
13, COMMISSION COMMENTS & QUESTIONS:
Page 2
May 23, 200I
14. ADJOURNMENT:
CITY OF KENAI
PLANNING 8s ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
MAY 9, 2001 - 7:00 P.M.
CHAIRMAN RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Goecke called the meeting to order at approximately 7: p.m.
1-a. Roll Call
Members Present: Bryson, Nord, Erwin, Morse, Jackman, Goecke
Members Absent: Glick
Others Present: Councilman Bannock, Public Works Manager La Shot,
Contract Secretary Roper
1-b. Agenda Approval
MOTION:
Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Commissioner Morse SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- April 25, 2001
Minutes were approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLAT5 -- None
ITEM 5: PUBLIC HEARINGS -- None
ITEM 6: OLD BUSINESS -- None
ITEM 7: NEW BUSINESS
7-a. City Clerk Memo May 3, 2001, Re: Change to Planning and Zoning
Meeting of May 23, 2001.
The memo from Clerk Freas provided some options regarding a date and/or location
change for the May 23, 2001 Planning and Zoning meeting. The change is necessary
in order to accommodate the public interviews of the City Manager candidates. After a
brief discussion, the Commission decided to hold the meeting on May 23, 2001 at the
Kenai Senior Center.
7-b. Discussion -Ordinance amending KMC 14.20.321 to provide: l1
That applicants must provide evidence of being current on all city
obligations prior to issuance of a permit; 2) To provide an annual
report summarizing on-site activity for the year; 3J Setting forth
standards for revocation of conditional use permits for non-
. compliance with the terms of the permit, violations of the Kenai
Zoning Code, or delinquency of city obligations.
Councilwoman. Porter explained the proposed ordinance change had been
recommended as there was currently no mechanism for policing conditional use
permits to assure the business is still in operation or that terms of the permit are
being met. Porter continued, Administration prepared correspondence to current
listed permit holders only to find that many of them were no longer in operation. The
proposed change would require a permit holder to annually submit aone-page report
verifying their mode of operation, that they are current on city obligations (sales tax,
Borough taxes, etc.), and whether or not they are still in business. The procedure
would also prompt permit holders to request any changes to their mode of operation.
After a brief discussion, the Commission agreed this was a good idea and La Shat
indicated it would be on the next meeting agenda in the form of a resolution.
7-c. Discussion -Ordinance amending KMC 14.20.150 to provide: 1}
That applicants must provide evidence of being current on all city
obligations prior to issuance of a permit; 2~ To provide an annual
report summarizing on-site activity for the year; 3) Setting forth
standards for revocation of conditional use permits for non-
compliance with the terms of the permit, violations of the Kenai
Zoning Code, or delinquency of city obligations.
It was noted this change was exactly the same as Item 7-b but it addressed bed and
breakfast operations. The Commission felt the same about this change and it will
appear on the next meeting agenda.
7-d. PZ01-19 - A resolution of the Planning and Zoning Commission
recommending to the Council of the City of Kenai, Alaska, that the
contract for planning services -City of Kenai Comprehensive Plan
be awarded to Kevin Waring Associates for the total not-to-exceed
amount of $79,748.
MOTION:
Commissioner Nord MOVED to approve PZOI-19 and Commissioner Morse
SECONDED the motion.
There were no public comments. Commissioner Nord asked if the amount included
the noise overlay at the airport. La Shot replied that it did, but if there would be more
PLANNING & ZONING COMMISSION MEETING
MAY 9, 2001
PAGE 2
than incorporating the Master Plan noise contours as an overlay, there may be
additional cost involved. Commissioner Bryson asked who was involved in the final
review of the proposal. La Shot answered, Marilyn Kebschull, Carl Glick, Barb Nord,
Airport Manager Cronkhite and himself.
VOTE:
B son Yes Erwin Yes Glick Absent
Nord Yes Morse Yes Jackman Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 8: PENDING ITEMS -- None
ITEM 9: CODE ENFORCEMENfi -- None
Chairman Goecke requested Item 11, Persons Present Not Scheduled be heard before
Item 10, Reports.
ITEM 11: PERSONS PRESENT NOT SCHEDULED
Councilwoman Porter stated she was absent when the new sign code was voted on
and her concern with the sandwich signs was not voiced. Porter requested the
Commission give consideration to revisiting this portion of the sign code and perhaps
include that sandwich signs be given a time limit as to how long they are displayed or
that the owners be required to take the signs down durirn.g non-business hours. Porter
brought in a sandwich sign that only contained hours of operation and nothing more.
She indicated the sign was placed in the State right-of--way in front of the business for
at least two years.
ITEM 10• REPORTS
10-a. City Council -- Councilman Bannock reported on actions taken at the
May 2, 2001 City Council meeting, referring to the meeting action agenda which was
included in the packet.
10-b. Borough Planning -- Commissioner Bryson stated the Planning
Commission did not meet prior to this meeting.
10-c. Administration -- No report.
ITEM 12: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 13: INFORMATION ITEMS
PLANNING & ZONING COMMISSION MEETING
MAY 9, 2001
PAGE 3
13-a. KPB Habitat Permit ~KRC#3557) -Tract 3, Anglers Acres Subdivision,
Lowe Addition (Kent)
ITEM 14: COMMISSION COMMENTS & QUESTIONS
Com~rr~issioner Nord announced that she would not be present at the next meeting
Commissioner Bryson stated there would be a public hearing on the bike/pedestrian
path at Bridge Access on Tuesday, May 15+~ in the City of Kenai Council Chambers.
Bryson encouraged everyone to attend to voice their concern or offer their support of
the project.
ITEM 15: ADJOURNMENT
MOTION:
Commissioner Morse MOVED to adjourn. There were no objections. SO ORDERED.
The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
MAY 9, 2QQ 1
PAGE 4
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ01 • 20
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 KENAI TOWNSITE 2001 REPEAT was referred
to the City of Kenai Planning and Zoning Commission on May 7. 2001 and
received from Johnson Surveyinq.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned CC -Central Commerical 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.
6. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE iT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE KENAI TOWNSITE 2001
REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, , 2001.
CHAIRPERSO ~~
ATTEST:
STAFF REPORT
To: Planning & Zoning Commission
Date: May 9, 2001 Res: PZ01-20
GENERAL INFORMATION
Applicant:
Johnson Surveying
P.O. Box 27
Clam Gulch, Alaska 995fi8
Requested Action: Preliminary Piat
Legal Description: Lots 5 & 7, Blocic 15 Original Townsite
Street Address: 906 & 908 Mission Ave.
KPB Parcel No.: 4709105 & 4709107
Existing Zoning: Central Commercial
Current Land Use: Central Commercial) Residential
Land Use Plan: Historical Townsite
ANALYSIS
This preliminary plat is privately owned property. The KENAI TOWNSETE
2001 REPEAT bears the legal description of "Kenai Townsite" and is actually
in the "Original Townsite" Subdivision. Lot 5A is surrounded to the West
and North by commercial use property and is currently vacant. Lot 7A has a
residential structure on it with commercial and multi-family use property to
the North and residential use property to East. The new Comprehensive Plan
will re-evaluate the zoning in this area.
City Engineer:
No installation agreement needed. Water and Sewer is available to both lots.
Building Official:
No comments.
E;1Wpdocs1PZ20011Comments and Res10120 Comment.dac
RECOMMENDATIONS
Approval.
ATTACHMENTS:
1. Resolution Na. PZ01-20
2. Preliminary Plat
E:1Wpdocsll'Z20011Comments and Res10120 Comment.doc
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CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ01-21
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING
TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 14.20.321 (BED
AND BREAKFAST ESTABLISHMENTS) BE AMENDED TO PROVIDE: 1) THAT
APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY
OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL
REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH
STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON-
COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE Kenai
ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS.
WHEREAS, applicants far bed and breakfast conditional use permits should be
required to provide proof of being current on financial obligations to the city prior to
issuance of a conditional use permit;
WHEREAS, bed and breakfast conditional use permit holders should be required to
submit annual reports outlining the on-site activity in order to assist the city in
monitoring compliance;
WHEREAS, procedures for revocations of out-of-compliance bed and breakfast
conditional use permits should be better defined for the benefit of both the city and
permit holders.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that KMC 14.20.321 is amended as attached.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, Alaska,
PASSED BY THE PLANNING & ZONING
ALASKA, this 23rd day of MAY, 2001.
~tJ
Chairman
COMMISSION OF THE CITY OF KENAI,
ATTI~T:
Suggested by: Council Member Pat Porter
CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.321 (BED AND BREAKFAST ESTABLISHMENTS) TO PROVIDE: 1} THAT
APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY
OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2} TO PROVIDE FOR AN ANNUAL
REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH
STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON-
COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE KENAI
ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS.
WHEREAS, applicants for bed and breakfast conditional use permits should be
required to provide proof of being current on financial obligations to the city prior to
issuance of a conditional use permit;
WHEREAS, bed and breakfast conditional use permit holders should be required to
submit annual reports outlining the on-site activity in order to assist the city in
monitoring compliance;
WHEREAS, procedures for revocations of out-of-compliance bed and breakfast
conditional use permits should be better defined for the benefit of both the city and
permit holders.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.321 is amended as appears on Attachment A.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this T day of
2001.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
14.20.321 Bed and breakfast establishments.
(a) Intent: It is the intent of this chapter to permit bed and breakfast establishments by
conditional use which is compatible with other permitted uses, with the residential character of a
neighborhood, and which is clearly secondary or incidental to the residential use of the main
building.
(b) Provided that these establishments shall be owner-operated, not more than one person
outside the family shall be employed in the bed and breakfast; rent out no more than thirty
percent (30%} of the total floor area; have adequate off-street parking for owner and alI guests;
and shall meet all other requirements as set forth by the Planning and Zoning Commission at the
time of public hearing.
{c} The bed and breakfast establishment must meet all area, height, and setback requirements of
the zones in which they are allowed according to the Land Use Table.
d Issuance of the ermit. Followin a royal b the Commission the administrative official
shall not issue the permit until the expiration of the 15-da}~ 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. .~ sales
#axt property tax, lease payments, utilitYpayments~ ,the city or has entered into an approved
pa~plan with the city on any obligations owed and the applicant is in compliance with the
payment elan and (if the permit is for a use required #o collect sales tax) must show a valid
borou h sales tax account. If a timel a eal is filed ursuant to KMC 14.20.290 the ermit
shall not be issued unless authorized bythe Board of Adjustment.
~e)_Yeariy reports. The permit holder shalI,submit a~arl~porE beh?veen October 1 and
December 31 to the administrative official. Such report shall include a summary of the on-site
activity.
(fl Revocation far non-compliance/ Compliance notices. If the administrative official 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, propert~ax, utility_payments, lease paymentsl to the city unless the
applicant has entered into an approved payment with the cit, on an~gations owed and the
applicant is in compliance with the_p_ayment plan, the official may revoke the permit. The official
shall. not revoke the permit until the permit holder has been notified and given reasonable
opportunity to correct. the defici_enc s~ or to_provide information relating to or rebutting the
alle~d deficiency(sl. Appeals from decisions of the administrative official under this section
shall be made in accordance with_t_he provisions of K1VIC 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.
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZO1-22
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING
TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC 14.20.150 (CONDITIONAL
USES) BE AMENDED TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE
EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE
OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE
ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF
CONDITIONAL USE PERMITS FOR NON-COMPLIANCE WITH THE TERMS OF THE
PERMIT, VIOLATIONS OF THE Kenai ZONING CODE, OR DELINQUENCY IN CITY
OBLIGATIONS.
WHEREAS, applicants for conditional use permits should be required to provide praaf
of being current on financial obligations to the city prior to issuance of a conditional
use permit;
WHEREAS, conditional use permit holders should be required to submit annual
reports outlining the on-site activity in order to assist the city in monitoring
compliance;
WHEREAS, procedures for revocations of out of compliance conditional use permits
should be better defined for the benefit of both the city and permit holders.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.150 is amended as attached.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska,
PASSED BY THE PLANNING 8v ZONING
ALASKA, this 23rd day of MAY, 200 i .
a
Chairman
COMMISSION OF THE CITY OF KENAI,
ATTE T:
Suggested by: Council Member Pat Porter
CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.150 (CONDITIONAL USES) TO PROVIDE: 1) THAT APPLICANTS MUST
PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO
ISSUANCE OF A PERMIT; 2~ TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING
ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR
REVOCATION OF CONDITIONAL USE PERMITS FOR NON-COMPLIANCE WITH THE
TERMS OF THE PERMIT, VIOLATIONS OF THE KENAI ZONING CODE, OR
DELINQUENCY IN CITY OBLIGATIONS.
WHEREAS, applicants for conditional use permits should be required to provide proof
of being current on financial obligations to the city prior to issuance of a conditional
use permit;
WHEREAS, conditional use permit holders should be required to submit annual
reports outlining the on-site activity in order to assist the city in monitoring
compliance;
WHEREAS, procedures for revocations of out of compliance conditional use permits
should be better defined for the benefit of both the city and permit holders.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.150 is amended as appears on Attachment A.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~,,,, day of
2001.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
14.20.150 Conditional use permits.
(a) Intent. It is recognized that there are some uses that maybe 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 maybe granted, the procedures
specif ed in this chapter must be followed.
(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.
{c} Public Hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of KMC 14.20.2$0 of this title.
{d) Review Criteria. Prior to granting a 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;
(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_ofthepermlt. Following approval by the Commission, the administrative official
shall not issue the,_,permit until the expiration, of the 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.~. sales
tax, property tax, lease payments, utilitYpayments} to the city or has entered into an approved
parent plan with the city on anyobligations 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
borou h sales tax account. If a time] a eal is filed ursuant to KMC 14.20.290 the ermit
shall not be issued unless authorized by the Board of Adjustment.
(fl Yearly reports. The permit holder shall submit a ,may report between October 1 and
December 31 to the administrative official. Such report shall include a summary of the on-site
activity. .
(g~Revocation for non-compliance/ Compliance notices. If the administrative official
determines, based on the .~ early review or any other investigation undertaken by the offcial 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
an,~gations~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 official may revoke the permit. The
official shall not revoke the permit until the permit holder has been notified and given reasonable
0 ortunit to correct the deficienc s or to rovide information relatin to or rebuttin the
alIeg_ed, deficiency(s). Appeals from decisions of the administrative official 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 paragrapt_shall send
a notice of compliance to the Commission and the permit holder.
[e](~ 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 a filing fee.
([ff 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 ofthe
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} A conditional use permit shall automatically expire if for any reason the conditioned use
ceases for a period of one (1}year or longer.
(4) A conditional use permit is not transferable from one (1) parcel of land to another.
Conditional use permits maybe 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.
CITY OF KENAI
1~ ~~ ~~ ~ ~~~~,
210 FIDAfrGO AVE., SUl7E 200 KENAI, AE.ASKA 99611-7'794
TELEPHONE 907-283-7535
FAX 90T-263-3014
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
240 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
http:llwww.ci.kenai.ak.us
PUBLIC HEARING NOTICE
May 11, 2001
The following public hearings have been scheduled for the Planning and Zoning Commission
Meeting of May 23, 2009 ;
a. Resolution PZ01-21 recommending to the Council an Ordinance amending KMC 14.20.321
to provide: 1) That applicants must provide evidence of being current on all city obligations
prior to issuance of a permit; 2) To provide for an annual report summarizing on-site activity
for the year; 3) Setting forth standards for revocation of condition use permits for non-
compliance with the terms of the permit, violations of the Kenai Zoning Cade, or
delinquency in city obligations.
b. Resolution PZ01-22 recommending to the Catancil an Ordinance amending KMC 14.20.150 to
provide: 1 }That applicants must provide evidence of being current on all city obligations prior to
issuance of a permit; 2} To provide for an annual report summarizing on-site activity for the year;
3}Setting forth standards for revocation of condition use permits for non-compliance with the
terms of the permit, violations of the Kenai Zoning Code, or delinquency in city obligations.
The Meeting will commence at 7:00 p.m. in the Kenai Senior Citizens Center. Anyone wishing to
present testimony concerning this application should do so at the hearing ar submit written
comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai Alaska 99611-
7794 prior to the hearing. Additional information may be obtained at City Hall, at the City's web
site (www.ci.kenai.ak.usl, or by contacting Marilyn Kebschull at 283-7535 extension 235.
Publish: May 16 & 18, 2001
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY
WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERES'T'ED PARTY
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO: PZO 1-19
AN RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING
TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE CONTRACT FOR
PLANNING SERVICES -CITY OF KENAI COMPREHENSIVE PLAN BE AWARDED TO
KEVIN WAKING ASSOCIATES FOR THE TOTAL NOT-TO-EXCEED AMOUNT OF
$79,748.
WHEREAS, the request for proposals was publicly advertised on March 7 and 11; and,
WHEREAS, Kevin Waring Associates' proposal was the only proposal received on
April 9, 2001; and,
WHEREAS, the proposal appears to be complete and the firm is qualified to perform
the pro,~ect; and,
WHEREAS, the recommendation frorn the Airport Manager, a representative from the
Planning & Zoning Comrxussion, and the City Administration is to award the contract
to Kevin Waring Associates for the total not-to-exceed amount of $79,748.
FASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
~SKA, this 9th day of May, 2001.
=-~ C , Z
~~' hairrnan
ATTEST:
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
MAY 1 fi, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httn: / /www. ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and wi11 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.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutest'
1. Monica Heath and Mt. View Third Grade Class -- Presentation of Quilt
ITEM C: PUBLIC HEARINGS
~ ~ 1. Ordinance No. 1908-2001 -- Increasing Estimated Revenues and
Appropriations by $302,000 for Wastewater Planning and Design
Including Plant Expansion.
2. Ordinance No. 1909-2001 -- Increasing Estimated Revenues and
Appropriations by $50,000 in the Water and Sewer wand and the Gill
Street Crossing Capital Project end for a New Water Main.
3. Ordinance No. 1910-2001 -- Amending the Definition of Hotel and
Adding Definitions far "Lodge" and "Guide Service" in the Kenai Zoning
Code (14.20.320).
4. Ordinance No. 1911-2001 -- Amending the Land Use Table to Add
"Lodge" and "Guide Service" to the Listed Uses.
5. Ordinance No. 1912-2001 -- Amending KMC 23.50.010 Employee
Classifications to Include New Position Titles.
6. Resolution No. 2001-31 -- Awarding the Bid to Tri City's Construction,
Inc. for Leif Hansen Memorial Park Sidewalks-2001 for the Total Amount
of $14,04Q.
-1-
Gl . 7. Resolution No. 2001-32 -- Awarding a Contract for Planning Services
for the City of Kenai Comprehensive Plan to Kevin Waring Associates for
the Total Not-To-Exceed Amount of $79,748.
~~`~ ~ 8. Ttesoiution No. 2001-33 -- Supporting the Efforts of the Alaska Pork
.~~ Project, Inc. in Seeking and Acquiring Fund for the Development of a
. Business PIan.
ITEM D: COMMISSION COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
ITEM E: MINUTES
1. *Regular Meeting of May 2, 2001.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
~~~~ 1. Bills to be Paid, Bills to be Raged
~~r~~ 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1913-2001 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2001 and Ending June 30, 2002.
"/"r 4. Approval -- Special Use Permit/Kenai Municipal Airport -- ATM
Machine/Reean D. Pitts.
ITEM I: ADMAITISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
-2-
5. Finance Director
6. Public Works Managers
7. Airport Manager
ITEM J:
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM K: ADJOURNMENT
-3-
210 FIDALGO, SUITE 2dd, KENAI, AK 99669-7794
(9d7) 283-7535
Lr'-~
Tp~ Denise Fr9on+: Marilyn Kebschull
Fax: 283-3299 Pages: 1
Prone: 283-7551 Date: May 17, 2001
Re: ADVERTISEMENT CC: FILE
p Urgent ^ Far Review p Please Comment ~ Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, May 21, 2401. This will be
charged against the open purchase order you have. Thanks.
CITY OF KENAI
PLANNING & ZONING COMMISSION
**AGENDA**
KENAI SENIOR CITIZEN'S CENTER
May 23, 2001 - 7:D0 p.m.
1. CONSIDERATION OF PLATS:
a. PZ01-20-KENAI TOWNSITE 2001 REPEAT-Submitted by Johnson Surveying, P.O. Box
27, Clam Gulch, Alaska 99568.
2. PUBLIC HEARINGS:
a. Resolution PZ01-21 recommending to the Council an Ordinance amending KMC 14.20.321
to provide: 1) That applicants must provide evidence of being current on all city obligations
prior to issuance of a permit; 2} To provide for an annual report summarizing on-site activity
for the year; 3} Setting forth standards for revocation of condition use permits for non-
compliancewith the terms of the permit, violations of the Kenai Zoning Code, or delinquency
in city obligations.
b. Resolution PZ01-22 recommending to the Council an Ordinance amending KMC 14.20.150
to provide: 1) That applicants must provide evidence of being current on all city obligations
prior to issuance of a permit; 2) To provide for an annual report summarizing on-site activity
for the year; 3) Setting forth standards far revocation of condition use permits for non-
compliance with the terms of the permit, violations of the Kenai Zoning Cade, or delinquency
in city obligations.
3. OLD BUSINESS.
a. NEW BUSINESS:
5. PENDING ITEMS:
a. Resolution No. 2001-32 - A resolution of the Council of the City of Kenai, Alaska, that the
contract for planning services -City of Kenai Comprehensive Plan be awarded to Kevin
Waring Associates for the total not-to-exceed amount of $79,748.
The public is invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai
Senior Citizen's Center. Additional information may be obtained at City Hall, at the City of Kenai web
Site (wsnnnc ri kena~, or by calling 283-7535 extension 235.
Marilyn Kebschull
Planning & Zoning Administration
Publish: Mav 21.2001
City of Kenai, 210 Fidafgo, Suite 200, Kenai, AK 99611-7794
Tv: Peninsula Clarion (Attn: Denise} From: Marilyn Kehschull
Fa~c 907-283-3299 Pages: Two
Phan 9D7-283-7551 Date: May 11, 2DD1
Re: PUBl.[C HEARING NOTICE CC: File
^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle
Denise: Run the following notice on May 16 and 18, 2001. Bill this under the open
purchase order. Thanks.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
210 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
http:llwww.ci.kenai.ak.us
PUBLIC HEARING NOTICE
The following public hearings have been scheduled for the Planning and Zoning Commission Meeting
of May 23, 2001:
a. Resolution PZ01-21 recommending to the Council an Ordinance amending KMC 14.20.321 to
provide: 1) That applicants must provide evidence of being current on all city obligations prior
to issuance of a permit; 2} To provide far an annual report summarizing on-site activity for the
year; 3) Setting forth standards for revocation of condition use permits for non-compliance with
the terms of the permit, violations of the Kenai Zoning Code, or delinquency in city obligations.
b. Resolution PZ01-22 recommending to the Council an Ordinance amending KMC 14.20.150 to
provide: 1 }That applicants must provide evidence of being current on all city obligations prior
to issuance of a permit; 2) To provide for an annual report summarizing on-site activity for the
year; 3) Setting forth standards for revocation of condition use permits for non-compliance with
the terms of the permit, violations of the Kenai Zoning Cade, or delinquency in city obligations.
The Meeting will commence at 7:00 p.m. in the Kenai Senior Citizens Center. Anyone wishing to
presen# testimony concerning this application should do so at the hearing or submit written comments
to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai Alaska 99611-7794 prior to
the hearing. Additional information may be obtained at City Hall, at the City's web site
(www.ci.kenai.ak.us), or by contacting Mariiyn Kebschull at 283-7535 extension 235.
Publish: May 16 & 18, 2001