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Home My WebLink About2007-08-08 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder KMC 12.20.030 Debris and junk .prohibited. MEEIZNG OF August 8, 2007 Kenai City Council Chambers 210 Fidalga Avenue August 8, 2007 @ 7 p.m. Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 12.20.430 BE AMENDED BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030(a} currently prohibits the keeping of various kinds of debris and junk on property within the City of Kenai; and WHEREAS, the City Code does not provide a precise definition of what constitutes "gaxbage, "junk" or "litter"; and WHEREAS, better definitions and descriptions of prohibited activity axe needed in KMC 12.20.03 0; and WHEREAS, it is in the best interest of the City of Kenai to amend KMC 12.30.030. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 12.20.030 as follows: 12.20.434 Debris and junk prohibited. {a} [NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBER, OTHER MATERIAL, OR ANY ACCUMULATION OF GARBAGE, MANURE, OFFALS, RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID OR SUBSTANCE, OR ANYTHING THAT IS OR MAY BECOME PUTRID OR OFFENSIVE TO BE OR REMAIN UPON HIS YARD, LOT, OR PREMISES, OR UPON ANY YARD, LOT, OR PREMISES O WNED OR CONTROLLED BY HIM.] The owner and the occupant of andprivate property in the city shall at all times maintain the premises free from significant accumulations of funk, ~arba~e or litter; provided, however, that this section shall not prohibit the storage afjunk or litter in authorized private receptacles for collection, or the storage of 'unk that is not visible to the ublic at lar e. A si nif cant accumulation of 'unk or_litter on andprivate property in the city contrary to this section is deemed to be a public nuisance. (b) No owner, lessee, agent tenant ar occupant shall allow or permit slash to be or remain upon any lot: 1}for longer than one hundred twenty (120) days within the RU, RS1, RS2, TSH, CC or CG zones; or 2) for longer than one PZ07-28 Resolution page 2 hundred twenty (120} days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. ~ Nothing_in this chapter shall be construed to limit the lawful operation of a junkyard or storage yard. This section does not amend, alter or._modify the rovisions of KMC 12.25 abandoned vehicles . As used in this chapter, the following words are„defined in this section: "Garbage" means all putrescible_wastes, exce t sewa e amend body waste, including food wastes resultina_from the handlin , preparation,.,cooking, or consumption of food or the cans, containers, wxappers, or ether tangible items wasted or used along with such materials." "Junk" means an worn-out wrecked sera ed artiall or fiili dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditionin be used for their on final oses includin but not limited to appliances, building material, chemicals, equipment furniture machiner metal ra s rubber a er used tires lastics and wood. "Litter" means all improperly discarded waste material, including_,but not limited to convenience food bevera e and other roduct acka es or containers constructed of steel, aluminum, glass, paper, plastic and other natural and s nthetic material thrown or de osited on the lands and waters within the boundaries of the cit . "Occu ant" means the erson in ossession of the real ro ert on which the 'unk or litter is located. "Occupant" includes tenant and lessee. "Owner" means the owner of the real pxopert.~which the funk or litter is located, or the agent of the owner. [(C}]"Slash" is defined as: branches and other residue left after the cutting of timber, Tree trunks trimmed free of roots and branches ax cut f rewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of Jules. CHAIRPERSON: ATTEST: 7125107 -Meeting Notes Bryson • Would like to schedule work session for discussion purposes. • Concern that ordinance broadens definition of junk • Concerned that the word "any" in definition doesn't allow for things not visible from the general public view. • Could be used as a tool for vindictive neighbors, • Lot size should be a consideration. • Zone should be considered. • Screening should be considered. Smagge Fullinck Wells Romain Asked Jason Steen if complaints have increased in the last two months. Mr. Steen advised that he has only been doing code enforcement for three months and i# had picked up significantly in the second month. Asked Steen if he looked for violations or only responded to complaints. Responded -Complaint driven. Asked Steen if most of the photos in the presentation were in the trailer park. Steen advised violations are in all parts of town. Questioned Steen if complainants concerned about property values or the mess. Both. Noted he felt the photos showed a mix of clutter and litter. Noted Steen's comment that he wasn't saying whether he was for or against and asked if the ordinance would make him more effective. Steen commented he felt his approach was important but if challenged the ordinance would give him more tools. MOTION: Commissioner Romain MOVED to approve PZ07-27 and Commissioner F~.illinck SECONDED the motion. VOTE: Sma e YES Lewis ABSENT Fullinck YES Romain YES Wells ABSENT Twait YES B son YES MOTION PASSED UNANIMOUSLY. 5-e. PZ07-28 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 12.20.030 be amended by better describing and defining what constitutes prohibited storage of "Junk," "Garbage" and "litter" under the City code. Kebschull reviewed the staff report, stating this resolution would give better definitions of junk, garbage and litter and would give the administration the tools to make better judgments when complaints are filed. Twait opened the meeting to public comment. Kristine Schmidt, 513 Ash Avenue -- Spoke in opposition of the resolution, stating issues should be enforced rather than made stricter. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ07-28 and Commissioner Bryson SECONDED the motion. Commission comments included: • The ordinance would help the enforcement officer do his/her job. • Problems need to be seen from the street and if an issue need arises requiring the Code Enforcement Officer to go onto property other than the front door, a search warrant would be needed to go onto private property. VOTE: Srna e NO Lewis ABSENT Fullinck NO Romain YES Wells ABSENT Twait YES B son NO PLANNING & ZONING COMMISSION MEETING JULY 11, 2007 PAGE 5