MEMORANDUM

TO: Ronald Wm. Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

FROM: Jack Brown, Assembly Member

DATE: March 15, 1999

SUBJECT: Amendments to Ordinance 99-01

Upon meeting with the administration and legal department, a consensus was reached to propose the following amendments to Ordinance 99-01. A substitute will be prepared and submitted in the packet for the April 6 meeting which is the date the second public hearing for this ordinance is scheduled. Community meetings in order to receive citizen input will be held throughout the borough in cooperation with the administration. The substitute will include the following changes.

1. The residential zone set forth in KPB 21.30.020 shall be redrawn to include lands outside of one-eighth of a mile on either side of the centerline of arterial roads (for example, Kalifornski Beach Road, Kenai Spur Highway, Sterling Highway, and Seward Highway). Borough records reflect that parcels which have been developed in this area are subject primarily to residential use. Commercial and industrial uses in this district must acquire a permit unless they qualify as a home occupation under KPB 21.30.030. Notice of the proposed hearing will be provided to property owners of parcels within 600 feet of the outer boundaries of the parcel subject to the permit request.

2. A section will be added allowing for registration of nonresidential uses where there is not a parcel with a residence within one-eighth of a mile from the outer boundaries of the parcel seeking a permit. It will not be necessary for these registered uses to meet the permit conditions or requirements. The borough will keep a record of registered uses so that people will know the nature of the existing use when they decide to buy property or move within close proximity to the registered commercial or industrial use.

3. A multi-use district will exist one-eighth of a mile on either side of the centerline of the right-of-way of all arterial roads within the borough. The land use trend in this area is commercial. All uses are allowed uses without a permit in this district. Residential subdivisions which are within this multi-use district may use local option zoning to maintain the residential character of their neighborhood. Additionally, a tax exemption authorized by AS 29.45.046(f) and Title 5 of the borough code will be offered to property owners in the multi-use district who enhance the exterior or aesthetic quality of the land or structure through alteration of the natural features of their land, new maintenance, repair, or renovation of an existing structure.

4. There will be an industrial zone located in the Nikiski area in the areas subject to petroleum processing, manufacturing, and other industrial uses.

5. State and federal park, refuge, national forest, and legislatively designated critical habitat area lands will be exempted from application of the ordinance.