HomeMy WebLinkAbout2016-05-04 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MAY 4, 2016, 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
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)
1. Steven L. Rouse, Executive Director, Kenai Peninsula Housing Initiatives
(KPHI) – Requesting Land Donation for the Development of Senior and Other
Needed Housing in Kenai. ...................................................................... Pg. 5
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2886-2016 – Accepting and Appropriating Funds Forfeited to
the Kenai Police Department. ................................................................. Pg. 7
2. Ordinance No. 2887-2016 – Accepting and Appropriating a Grant from the
Federal Aviation Administration for the Small Taxiways and Aircraft Tiedown
Rehabilitation 2015-2016 Project and Awarding a Construction Contract to
Knik Construction Company, Inc. ........................................................... Pg. 9
3. Resolution No. 2016-17 – Authorizing the Amendment of the City’s Public
Employee’s Retirement System Participation Agreement with the State of
Alaska to Exclude All Seasonal Employees. .......................................... Pg. 13
4. Resolution No. 2016-18 – Authorizing a Budget Transfer Within the General
Fund – Shop Department for the Modification and Upgrade of the Shop’s Air
Quality Monitoring System. .................................................................... Pg. 21
Kenai City Council Meeting Page 2 of 4
May 4, 2016
E. MINUTES
1.*Work Session of April 18, 2016 .............................................................. Pg. 23
2.*Regular Meeting of April 20, 2016 ........................................................... Pg. 25
F. UNFINISHED BUSINESS
1. Ordinance No. 2883-2016 – Amending Kenai Municipal Code Section
21.15.260 – Acquisition of Real Property, to Allow for Acquisition of Real
Property Outside the Airport Reserve as Airport Lands for Public Use, Including
Use for Establishing and Maintaining Buffer Zones. [Clerk’s Note: At its April 6
meeting, Council postponed introduction of this ordinance to the May 4
meeting. A motion to introduce is on the floor.] ...................................... Pg. 33
2. Ordinance No. 2884-2016 – Enacting Kenai Municipal Code Section
14.20.065 – Airport Light Industrial Zone, Amending Kenai Municipal Code
Section 14.22.010 – Land Use Table and Kenai Municipal Code Chapter 14.24
– Development Requirements Table, to add the Airport Light Industrial Zone.
[Clerk’s Note: At its April 6 meeting, Council postponed introduction of this
ordinance to the May 4 meeting. A motion to introduce is on the floor.]
.............................................................................................................Pg. 45
3. Ordinance No. 2885-2016 – Amending the Official Kenai Zoning Map by
Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport
Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban
Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and
Ratifying the Application to the Planning And Zoning Commission for the
Amendments. [Clerk’s Note: At its April 6 meeting, Council postponed
introduction of this ordinance to the May 4 meeting. A motion to introduce is on
the floor.] ............................................................................................... Pg. 83
4. Action/Approval – Schedule a Work Session to Discuss Amending the Official
Kenai Zoning Map by Rezoning 51 Parcels Owned by the City of Kenai,
Located within the Airport Reserve Boundary from Conservation Zone, Rural
Residential Zone, Suburban Residential Zone, and Light Industrial Zone to
Airport Light Industrial Zone and Ratifying the Application to the Planning And
Zoning Commission for the Amendments. [Clerk’s Note: At its April 6 meeting,
Council postponed introduction of this ordinance to the May 4 meeting. A
motion to introduce is on the floor.] ..................................................... Pg. 129
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ............................................. Pg. 131
Kenai City Council Meeting Page 3 of 4
May 4, 2016
2. *Ordinance No. 2888-2016 – Accepting and Appropriating a Federal Grant
from the US Department of Agriculture, US Forest Service Passed Through
the State of Alaska Department of Natural Resources, Division of Forestry.
.......................................................................................................... Pg. 133
3. *Ordinance No. 2889-2016 – Increasing Estimated Revenues and
Appropriations by $88,339 in the General Fund to Provide Supplemental Funds
for Fiscal Year 2016 due to an Unforseen Loss of Revenue From the Choice
Waiver Meal Program. ........................................................................ Pg. 137
4. Action/Approval – Purchase Orders Exceeding $15,000. ................. Pg. 141
5. Action/Approval – Assignment of Lease between Russell Winger and
Dewayne Benton for property described as Lot 3, Block 4, General Aviation
Apron, According to Plat 73-68. .......................................................... Pg. 145
6. Action/Approval – Authorizing the Third Amendment to Lease of Airport
Facilities between the City of Kenai and Alaska Realty Group, Inc. .... Pg. 151
7. Action/Approval – Approving a Special Use Permit for a Carnival at the
Softball Green Strip. ........................................................................... Pg. 157
8. Action/Approval – Schedule Annual Employee Performance Evaluation for
the City Manager. ............................................................................... Pg. 167
9. Discussion – Ballot Proposition Regarding the City’s Purchase of Lawton
Acres.
10. Discussion – City of Kenai Land Sales.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ................................................................................ Pg. 169
2. Airport Commission ............................................................................ Pg. 173
3. Harbor Commission ............................................................................ Pg. 177
4. Parks and Recreation Commission ..................................................... Pg. 179
5. Planning and Zoning Commission ...................................................... Pg. 181
6. Beautification Committee .................................................................... Pg. 191
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
• Space Rental at the Multi-Use Facility
• Bowling Alley RFP Update
2. City Attorney
3. City Clerk
Kenai City Council Meeting Page 4 of 4
May 4, 2016
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Federal Emergency Management Agency – Flood Hazard Determination
3. Applications for Airport Commission Appointment
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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CITY COUNCIL WORK SESSION
APRIL 18, 2016
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, T. Navarre, H. Knackstedt, B. Gabriel, M. Boyle
Others present: City Manager R. Koch, Finance Director T. Eubank and City Clerk S.
Modigh
Multipurpose Facility Expansion
Mayor Porter began the work session at approximately 5:30 p.m. and City Manager Koch
provided an overview of the work session topics.
Koch advised that the Multipurpose Facility Expansion would include a shared area with
restrooms, locker rooms, a pro shop and catering kitchen area. This new shared area would be
attached to the existing hockey rink and a new turf field building would be built. Chris Parker
from K&A Design Studios provided a more detailed review of the proposed expansion noting
that the most cost effective way to proceed would be in phases. It was noted that at this
conceptual phase, a discussion of what the turf field would be used for would be beneficial in
determining what type of material would be used.
City Manager Koch advised that a cost estimate was being worked on and the project’s
estimated around $6 million. Koch provided an outline with potential funding options proposing
this project be phased and put to a vote of the community for a general obligation bond in the
amount of $6 million for 20 years at 2.976 %. Finance Director Terry Eubank reviewed the
additional options to fund the project including property taxes and a mil rate increase, annual
sales tax increase, seasonal sales tax increases during specific calendar quarters. A
combination of property and sales tax were discussed as a possibility.
A running track located in the turf building was discussed and it was noted that would be
discussed at a later date. Location for adequate storage location was discussed to house
equipment as well as tables and chairs for functions other than sports.
Senior Center Financial Performance
City Manager Koch and Finance Director Eubank provided a summary of the past, present and
future financial performance of the Senior Center noting that the general fund would now be
needed to maintain the Senior Center’s operation and program. Eubank reviewed that facility’s
decreasing fund balance from FY201 to current noting that there has been a substantial
decrease in revenues due to individuals no longer qualifying for the Choice Waver Program.
Eubank estimated a need to provide funding to the Senior Center for FY2016 in the amount of
$88,000 and $166,000 for FY17.
City Manager Koch provided a spreadsheet outlining the financial analysis of NTS and Choice
Waiver Meal Programs for FY2014 through FY2016. It was noted that the NTS congregate
meals are a suggested donation
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Mayor Porter advised that during her research she found that other municipalities do not have
City employees maintain its Senior Center, but use a third part. Administration and Council
agreed that a review of how business is conducted at the Senior Center may need to be
addressed and that the reason for this work session topic was to eliminate from having this
discussion outside of the budget work session.
This topic was brought before Council to bring awareness on the matter and Administration
stated that they’d review this further and would like additional work sessions with Council at a
later date.
The Mayor thanked all that attended and Administration for their work on this matter.
The work session was adjourned at 7:00 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
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KENAI CITY COUNCIL – REGULAR MEETING
APRIL 20, 2016 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on April 20, 2016, in City Hall Council
Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Presentation of Colors by Cub Scout Pack No. 152.
3. National Anthem by Kenai Central High School Student Olivia Brewer.
4. Roll Call
There were present:
Pat Porter, Mayor Robert Molloy (absent)
Henry Knackstedt Tim Navarre
Terry Bookey Brian Gabriel, Vice Mayor
Mike Boyle
A quorum was present.
Also in attendance were:
**Hannah Drury, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
5. Agenda Approval
Mayor Porter noted the following items to be added to the packet:
Add to item G.7 Action/Approval – Council Confirmation of the Mayor’s nomination
to appoint T. Grant Wisniewski to the Parks & Recreation
Commission.
• Supporting Material
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Add to item G.8 Action/Approval – Outdoor Recreation Lodge d/b/a Cannery
Lodge Liquor License #5369 – Non-Objection of Premises
Extension.
Add to item E. 1 Meeting Minutes
• April 6, 2016 Minutes
MOTION:
Council Member Navarre MOVED to approve the agenda with requested additions to the packet
and additions of G.7 & G.8. to the agenda and requested UNANIMOUS CONSENT. Council
Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
6. Consent Agenda
MOTION:
Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*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
C. UNSCHEDULED PUBLIC COMMENTS
D. PUBLIC HEARINGS
1. Resolution No. 2016-15 – Consenting to the Vacation of Certain Rights-of-Way, Utility
Easements and Drainage Easements and Consenting to the Acceptance of Certain
Rights-of-Way and Utility Easements as Set Forth on the Plat of Dragseth Subdivision
2016 Addition, which is Attached here to as Exhibit “A”.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2016-15 and the motion was
SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested.
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Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment
was closed.
VOTE: There being no objections, SO ORDERED.
2. Resolution No. 2016-16 – Awarding an Agreement for Construction of Water System
Improvements 2015-2016 Reservoir #2.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2016-16 and the motion was
SECONDED by Councilor Boyle. UNANIMOUS CONSENT was requested.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1.*Regular Meeting of April 6, 2016
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS –
1. Resolution No. 2016-10 – Confirming the Assessment Roll on the VIP Drive Lid Street
Improvement Special Assessment District.
[Clerk’s Note: At its March 16 meeting, Council postponed the Resolution to the April
6 meeting allowing the City Manager to review to process and report to Council. A
motion to approve is on the floor. The Council may convene in executive session to
discuss this matter pursuant to AS 44.62.310(c)(1)(3) a matter of which the immediate
knowledge may have an adverse effect upon the finances of the City, and a matter by
which law, municipal charter, or ordinance are required to be confidential.]
• Substitute Resolution No. 2016-10 [Clerk’s Note: Council May Suspend the
Rules to Allow Public Testimony on the Substitute Resolution as there are
Substantial Proposed Amendments.]
MOTION:
Council Member Bookey MOVED to amend by substitute Resolution No. 2016-10 and the motion
was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
Mayor Porter opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
G. NEW BUSINESS
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1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Ordinance No. 2886-2016 – Accepting and Appropriating Funds Forfeited to the
Kenai Police Department.
Introduced by the consent agenda and public hearing set for May 4, 2016.
3. *Ordinance No. 2887-2016 – Accepting and Appropriating a Grant from the Federal
Aviation Administration for the Small Taxiways and Aircraft Tiedown Rehabilitation
2015-2016 Project and Awarding a Construction Contract to Knik Construction
Company, Inc.
Introduced by the consent agenda and public hearing set for May 4, 2016.
4. Action/Approval - Scheduling a Board of Adjustment Hearing for an Appeal Filed by
Thomas H. Wagoner on the Variance Granted by the Planning and Zoning
Commission for the Construction of Four-Plex on a Lot within the Rural Residential
Zone, which is Approximately 18,295 Square Feet in Size where 20,000 Square Feet
is Required; Located at 240 Fern Street, Otherwise Known as Lot 4, Block 2,
Thompson Park Subd. Addn. No. 1.
It was decided a Board of Adjustment hearing would be scheduled for 05/16/16 at 6:00 p.m.
5. Action/Approval – Authorizing a Special Use Permit to Provide Office Space in
the Fire Training Building to Kenai Peninsula United Way.
MOTION:
Council Member Gabriel MOVED to authorize administration to issue a Special Use Permit to
Kenai Peninsula United Way for office space lease in the fire training building and the motion was
SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
6. Action/Approval – Authorizing an Amendment of the Special Use Permit to
Hilcorp Alaska, LLC to Allow Additional Vehicle Parking at the Kenai Airport.
MOTION:
Council Member Bookey MOVED to approve the amendment of the Special Use Permit to Hilcorp
Alaska, LLC to allow additional vehicle parking at the Kenai Airport and the motion was
SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
7. Action/Approval – Council Confirmation of the Mayor’s Nomination to Appoint T.
Grant Wisniewski to the Parks & Recreation Commission.
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MOTION:
Council Member Bookey MOVED to confirm the Mayor’s nomination of T. Grant Wisniewski to
the Parks & Recreation Commission and the motion was SECONDED by Council Member
Knackstedt. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
8. Action/Approval – Outdoor Recreation Lodge d/b/a Cannery Lodge Liquor
License #5369 – Non-Objection of Premises Extension.
MOTION:
Council Member Knackstedt MOVED to approve the premises extension of the Cannery Lodge
Liquor License # 5369 pending review by the City Planner, City Attorney, and City Clerk and the
motion was SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested.
It was clarified that an objection would be filed with the Alcoholic Beverage Control Board if the
City Planner, City Attorney or City Clerk objected.
VOTE: There being no objections, SO ORDERED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported that the Council voted to support Borough Mayor
Navarre’s veto of a Kenai Peninsula Borough Resolution requesting a Senior Citizen’s
Task Force. It was also reported that distribution of meals, signage for eating meals
at the Senior Center and the FY17 Budget were discussed and survey results were
provided regarding home meal deliveries with mostly excellent or good comments
received.
2. Airport Commission – It was reported that the April 14 meeting was Larry Porter’s last
meeting at which Council Member Knackstedt presented a plaque. It was also
reported that there was discussion regarding the master plan, unmanned aircraft
systems (drones), and noise abatement procedures; also approved an amendment to
a lease for Alaska Realty Group. Next meeting, May 12.
3. Harbor Commission – No report.
4. Parks and Recreation Commission – No report.
5. Planning and Zoning Commission – It was reported that a Conditional Use Permit for
a marijuana retail store and cultivation facility establishment was approved after
continued public testimony and that the All Hazards Mitigation Plan was adopted; next
meeting April 27.
6. Beautification Committee – It was reported that volunteer plant day had been set for
June 4; that two grants had been received allowing for planting at the Gazebo at
Wildflower Field and food producing plants at the community gardens; next meeting
May 10.
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7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Met with Alaska Missions Group for clearing trees and shrubs
behind the Senior Center
• Met with Unocal Retirees
• Welcomed Cook Inlet Regional Citizen’s Advisory Council to Kenai
• Attended the Kenai Chamber of Commerce Fundraiser
• Attended the Comprehensive Plan Town Hall Meeting
• Requested discussion items for upcoming meetings; voting by mail
and a ballot proposition regarding the City purchasing Lawton
Acres.
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• Discussed legislative bills affecting the state’s budget.
• Explained that Wal-Mart was interested in sponsoring or being
involved in clean up day.
It was explained that discussions are ongoing regarding members for an airport land lease policy.
2. City Attorney – no report.
3. City Clerk – Volunteer Appreciation Dinner 5/3 at Cannery Lodge; reviewed upcoming
meetings.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Bob Peters provided a report on the Harbor Commission meeting; received information regarding
the Open Meetings Act and Robert’s Rules; working on a resolution to commend staff for work
during dipnet season; held a work session regarding the responsibilities and duties of the
Commission.
2. Council Comments
Councilor Knackstedt stated John Williams sent an email regarding refurbishing the fire truck,
noted there had been $9,000 in in-kind donations and asked for consideration of a donation during
the budget discussions.
Vice Mayor Gabriel thanked Cub Scouts Troop 152 and Olivia Brewer for their contributions to
the meeting.
Council Member Navarre thanked the Mayor for arranging the special programs for the meeting.
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Council Member Bookey noted work related obligations kept him away from the Harbor
Commission meetings; expressed concern with adding more signs in parks.
Council Member Boyle noted he would fill in at the Harbor Commission meetings if needed.
Student Representative Drury reported there were seventeen more school days; Student Council
elections upcoming; Student Councils of Soldotna High School and Kenai Central High School
met with Senator Lisa Murkowski.
L. EXECUTIVE SESSION – To Discuss an Unsolicited Offer to Purchase Airport Property
Lot 4A, Cook Inlet Industrial Air Park 2014 Replat, According to Plat 2014-21, a Matter of
which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances
of the City [AS 44.62.310(c)(1)].
MOTION:
Council Member Gabriel MOVED to go into executive session to discuss an unsolicited offer to
purchase airport property Lot 4A, Cook Inlet industrial Air Park 2014 Replat, according to Plat
2014-21 a matter of which the immediate knowledge would clearly have an adverse effect upon
the finances of the City [AS 44.62.310(c)(1)], and the motion was SECONDED by Council
Member Bookey.
The presence of the City Attorney, City Clerk & City Manager was requested.
VOTE:
YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in open session and it was noted that direction was given to the City Manager
to continue negotiation.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:52 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of April 20,
2016.
_____________________________
Sandra Modigh, CMC
City Clerk
**The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
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vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded
in the minutes. A student representative may not move or second items during a council meeting.
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Sponsored by: Council Member Molloy
CITY OF KENAI
ORDINANCE NO. 2883-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC SECTION 21.15.260-ACQUISITION OF REAL PROPERTY, TO ALLOW FOR
ACQUISITION OF REAL PROPERTY OUTSIDE THE AIRPORT RESERVE AS AIRPORT
LANDS FOR PUBLIC USE, INCLUDING USE FOR ESTABLISHING AND MAINTAINING
BUFFER ZONES.
WHEREAS, at present, KMC 21.15.260 authorizes the City to purchase or acquire an
interest in or lease real property for a public use, as City Airport Lands, only land that
is within the Airport Reserve; and,
WHEREAS, the use of real property to establish and maintain buffer zones is a public
use; and,
WHEREAS, City residents have expressed support for the City’s purchase of land both
within and outside of the Airport Reserve for the public purpose of establishing and
maintaining buffers or buffer zones that will remediate the impacts of airport-related
uses and development upon land within and surrounding the Airport Reserve, such as
mitigating the impacts of noise and fumes upon residential properties in residential
zones; and,
WHEREAS, the Airport Master Plan Phase 2 Report prepared for the City of Kenai
contains four (4) development concepts that include the City’s acquisition of land
outside the Airport Reserve for buffer zone(s); and,
WHEREAS, it is in the best interests of the City of Kenai to amend KMC 21.15.260 to
authorize the City to purchase or acquire an interest in or lease real property for a
public use, as City Airport Lands, both within and outside of the Airport Reserve,
including use to buffer private and public property from impacts of airport-related
uses and development by establishing and maintaining buffers or buffer zones.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 21.15.260 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 21.15.260-Acquisition of Real Property, is hereby
amended as follows:
21.15.260 Acquisition of [R]Real [P]Property.
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(a) The City, by authorization of the City Council, expressed in a resolution for
such purpose, may purchase or acquire an interest in or lease [, OR] real property
needed for a public use within or outside the Airport Reserve, including use for
establishing and maintaining buffer zones to remediate the impacts of airport-related
uses and development upon land within and surrounding the Airport Reserve, on such
terms and conditions as the Council shall determine, but no purchase shall be made
until a qualified appraiser has appraised the property and given the Council an
independent opinion as to the full and true value thereof.
(b) Because of the unique value of real property; the City need not acquire or lease
real property by competitive bidding.
Section 3. Severability: That 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: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 4, 2016
Enacted: May 18, 2016
Effective: June 18, 2016
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Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. 2884-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KENAI MUNICIPAL CODE SECTION 14.20.065 – AIRPORT LIGHT INDUSTRIAL ZONE,
AMENDING KENAI MUNICIPAL CODE SECTION 14.22.010 – LAND USE TABLE AND
KENAI MUNICIPAL CODE CHAPTER 14.24 – DEVELOPMENT REQUIREMENTS TABLE,
TO ADD THE AIRPORT LIGHT INDUSTRIAL ZONE.
WHEREAS, the City of Kenai Zoning Code does not have a Zoning District where airport
compatible uses as Principal Permitted Use, Conditional Use, Secondary Use, and Not
Permitted Uses have been identified which primarily serve aviation users and related
land-uses; and,
WHEREAS, Airports can have a widespread impact on surrounding areas and land-
uses; and,
WHEREAS, the City of Kenai, as a home rule municipality, has the authority to provide
responsible Zoning Regulations that promote the public peace, health, safety and
welfare; and,
WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from airport
hazards and to promote the health, safety and welfare of its citizens by regulating the
placement and operation of airports within City limits; and,
WHEREAS, it is in the best interest of the City of Kenai to create standards for
development to define the requirements by which construction of structures, buildings,
obstructions and other aviation compatible uses may be developed; and,
WHEREAS, it is in the best interest of the City of Kenai to incorporate regulations
imposed by the Federal Aviation Administration into the development regulations
requirements to ensure compliance; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss
revising the Kenai Zoning Code to create a Zoning District by which suitable parcels are
retained and available for future public and private airport-related development; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the
Airport Reserve Boundary as Airport Industrial, which identifies airport lands reserved
for the Kenai Municipal Airport and its future expansion, and tracts needed for present
and future aviation-related uses and activities; and,
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.20.320 - Definitions, to expand the definition of “Airport” to include paved
and gravel runways and helicopter touchdown and lift off areas as well as definitions for
“Airport Compatible Uses” and “Necessary Aviation Facilities”; and,
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WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.22.010 – Land Use Table, to add the Airport Light Industrial Zone and airport
compatible land-uses which are consistent with aviation land-uses and help to protect
the viability of the Kenai Municipal Airport; and,
WHEREAS, the Airport Commission and the Planning and Zoning Commission held joint
work sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss
the proposed ordinance to create the Airport Light Industrial Zoning District; and,
WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and
voted unanimously that they Council of the City of Kenai approve this Ordinance; and,
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9,
2016 and recommended the Council of the City of Kenai approve this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Enactment of Kenai Municipal Code Chapter 14.20.065: That Kenai
Municipal Code, Chapter 14.20.065 – Airport Light Industrial Zone (ALI), is hereby
enacted as follows:
14.20.065 Airport Light Industrial Zone (ALI)
(a) Intent: The ALI Zone is established to protect the viability of the Kenai Municipal
Airport as a significant resource to the community by encouraging compatible land
uses, densities and reducing hazards that may endanger the lives and property of
the public and aviation users. Industrial and Commercial uses which are usually
compatible with aviation users are permitted which have no nuisance effects upon
surrounding property, or which may be controlled to prevent nuisance effects upon
surrounding property. New residential uses are not permitted in this zone because
it is intended that lots classified in the ALI Zone are reserved for aviation-related
commercial and industrial uses.
(b) Principal Permitted Uses: Necessary Aviation Facilities and as allowed in Kenai
Municipal Code Section 14.22.010 - Land Use Table
(c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this
chapter and Kenai Municipal Code Section 14.20.150
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Not Permitted.
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(f) Development Requirements:
(1) No use shall be conducted in a manner which is noxious or injurious to
nearby properties by reason of the production or emission of dust, smoke,
refuse matter, odor, gas fumes, noise, vibration, or similar substances or
conditions, provided that the restriction against noise shall not apply to
uses located within two thousand (2,000) feet of the airfield runways.
(2) No outdoor open storage shall be located closer than twenty-five feet (25′)
to the adjoining right-of-way of any collector street or main thoroughfare.
(3) Wherever an Aviation Compatible Use abuts or is separated by an alley from
a residential zone, the use or building in the ALI Zone shall be screened by
a sight-obscuring eight-foot (8’) high fence or vegetation of good appearance
acceptable to the City of Kenai.
(4) No use shall be made of any land that will cause interference with
navigational signals or radio communications at the airport or with radio
or electronic communications between the airport and aircraft.
(5) No use, building or structure shall emit emissions of fly ash, dust, vapor,
gases or other forms of emissions that may conflict with any planned
operations of the airport or aircraft.
(6) All exterior lighting shall be installed in such a manner that will not shine
light or allow light glare to exceed the boundaries of the parcel on which it
is placed. All exterior lighting shall be positioned so that it is downcast and
shielded. These requirements shall not apply to lighting which is installed
for the purposes of aiding in aircraft navigation as required and approved
by the Federal Aviation Administration.
(7) No use shall be permitted that would foster an increase in bird population
and thereby increase the likelihood of a bird-impact problem as defined
under the most recent Federal Aviation Administration 150/5200 Advisory
Circular (AC), “Hazardous Wildlife Attractants on or Near Airports”.
(8) No structure, device or other object shall be placed or erected that makes
it difficult for pilots to distinguish between airport lights and other lights,
results in glare in the eyes of pilots using the airport, impairs visibility in
the vicinity of the airport, or otherwise endangers the landing, taking off or
maneuvering of aircraft.
(9) Except as necessary and incidental to airport operations, no building,
structure or object of natural growth shall be constructed, altered,
maintained, or allowed to grow so as to project or otherwise penetrate the
airspace surfaces as defined by the Federal Aviation Administration in:
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Federal Aviation Regulation (FAR) Part 77, “Safe, Efficient Use and
Preservation of the Navigable Airspace”; and under the most recent Federal
Aviation Administration Order 8260.3, United States Standard for Terminal
Instrument Procedures (TERPS) as shown in the City of Kenai Airport
Master Plan and on the City of Kenai Airport Layout Plan.
(10) Construction of any and all buildings, structures, or any obstructions,
whether permanent or temporary shall be subject to filing a “Notice of
Proposed Construction or Alternation” as required under Title 14, Code of
Federal Regulations, Part 77, of the United State Code.
(11) Other uses or activities determined to be incompatible with aviation and
aviation safety as determined by the City Manager or designee, Airport
Manager or designee, or Airport Commission, or City Council shall be
prohibited.
(12) Additional Requirements in Development Requirements Table.
(g) Parking Requirements: As required by this chapter and Chapter 21.05 – Airport
Administration and Operation.
Section 3. Amendment of Section Chapter 14.20.20 of the Kenai Municipal Code:
That Kenai Municipal Code, Section 14.20.320 – Definitions, is hereby
amended as follows:
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or parcel.”
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be
constructed to include the words “intended,” “arranged” or “designed to be
used or occupied.”
(b) Specific Definitions.
“Accessory [b]Building” means a detached building or structure, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to
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the main use of the land which is located on the same lot as the main building or use,
except as allowed by a conditional use permit. An accessory building shall be considered
to be a part of main building when joined to the main building by a common wall or
when any accessory building and the main building are connected by a breezeway.
“Accessory [u]Use” means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel of
land.
“Administrative [o]Official” means the person charged with the administration and
enforcement of this chapter.
“Agricultural [b]Building” means a building or structure used to shelter farm
implements, hay, grain, poultry, livestock, or other farm produce, in which there is no
human habitation and which is not used by the public.
“Agriculture” means the science, art, and business of cultivating soil, producing crops,
and raising livestock; farming.
“Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and
blimps take off and land. Aircraft may be stored or maintained at an airport. An airport
consists of at least one (1) surface such as a paved or gravel runway [FOR A PLANE TO
TAKE OFF AND LAND], a helicopter touchdown and lift off (TLOF) area, helipad, or water
runway for aircraft takeoffs and landings, and often includes buildings such as control
towers, hangars and terminal buildings.
“Airport Compatible Uses” means uses which include, but are not limited to: Hangars,
Fixed Base Operators, Aircraft Repair and Manufacturing, Aircraft Sales, other uses
Approved by the City of Kenai and the Federal Aviation Administration and compatible
with the current Airport Master Plan and the Airport Layout Plan.
“Alley” means a public way designed and intended to provide only a secondary means
of access to any property abutting thereon.
“Alteration” means any change, addition, or modification in construction, location, or
use classification.
“Animal [b]Boarding” means any building or structure and associated premises in
which animals are fed, housed, and/or exercised for commercial gain.
“Apartment [h]House,” see “Dwelling, multiple-family.”
“Area, [b]Building” means the total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings, exclusive of steps.
“Assemblage” means a large gathering of people for an event such as a concert, fair, or
circus.
“Assisted [l]Living” means a living arrangement in which people with special needs,
especially seniors with disabilities, reside in a facility that provides help with everyday
tasks such as bathing, dressing, and taking medication.
“Automobile [s]Sales” means the use of any building or structure and associated
premises for the display and sale of new or used automobiles, panel trucks or vans,
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trailers, or recreation vehicles and including any warranty repair work and other repair
service conducted as an accessory use.
“Automobile [s]Service [s]Station” means the use of any building or structure and
associated premises or other space used primarily for the retail sale and dispensing of
motor fuels, tires, batteries, and other small accessories; the installation and servicing
of such lubricants, tires, batteries, and other small accessories; and such other services
which do not customarily or usually require the services of a qualified automotive
mechanic.
“Automobile [w]Wrecking” means the dismantling of used motor vehicles or trailers or
the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked
vehicles.
“Automotive [r]Repair” means the use of any building or structure and associated
premises on which a business, service, or industry involving the maintenance, servicing,
repair, or painting of vehicles is conducted or rendered.
“Bank” means any establishment or building or structure used for a financial
institution that provides financial services for its clients or members. The term “bank”
includes savings and loan.
“Bed and [b]Breakfast” means a residential, owner-occupied dwelling in which rooms
are rented to paying guests on an overnight basis with no more than one (1) meal served
daily.
“Boarding [h]House” means a dwelling where the principal use is a dwelling by the
owner or keeper and where the owner or keeper provides lodging for three (3) or more
persons who are not members of the owner’s or keeper’s family and the lodgers pay
compensation to use one (1) or more rooms. The common parts of the building or
structure are maintained by the owner or keeper who may also provide lodgers with
some services, such as meals, laundry, and cleaning. Boarding houses are not motels
or hotels and are not open to transient guests.
“Building” means any structure built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
“Building Code” means the building code and/or other building regulations applicable
in the City.
“Building, [e]Existing” means a building erected prior to the adoption of the ordinance
codified in this chapter or one for which a legal building permit has been issued.
“Building [h]Height” means the vertical distance from the “grade,” as defined herein,
to the highest point of the roof.
“Building, [p]Principal or [m]Main” means a building or structure in which is
conducted the principal or main use on the lot which said building is situated.
“Business/[c]Consumer [s]Services” means the provision of services to others on a fee
or contract basis, such as advertising and mailing; building maintenance; employment
service; management and consulting services; protective services; equipment rental and
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leasing; commercial research; development and testing; photo finishing; and personal
supply services.
“Cabin [r]Rentals” means the renting out of one (1) or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a period
of less than thirty (30) consecutive days.
“Cemetery” means any property used to inter the dead in buried graves or in
columbarium, stacked vaults, or similar structures.
“Centerline” means the line which is in the center of a public right-of-way.
“Church” means a building or structure in which persons regularly assemble for
worship, ceremonies, rituals, and education pertaining to a particular system of beliefs.
The term “church” includes a synagogue or temple.
“City” means the City of Kenai, Alaska.
“Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that
is primarily devoted to the care of outpatients. Clinics can be privately operated or
publicly managed and funded, and typically cover the primary health care needs of
populations in local communities, in contrast to larger hospitals which offer specialized
treatments and admit inpatients for overnight stays.
“Collector [s]Street” means a street located and designed for the primary purpose of
carrying through traffic and of connecting major areas of the City. Unless otherwise
designated by the Commission, collector street shall be defined on the plan for streets
and community facilities in the comprehensive development plan.
“College” means an educational institution providing postsecondary (after high school)
education.
“Commercial [k]Kennel” has the same meaning given in KMC 3.05.010.
“Commercial [r]Recreation” means a recreation facility operated as a business and
open to the public for a fee.
“Commission” means the Kenai Planning and Zoning Commission.
“Communication [a]Antenna” has the same meaning given in KMC 14.20.255.
“Communication [t]Tower” has the same meaning given in KMC 14.20.255.
“Conditional [u]Use” means a use which is permitted under the terms of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land
Use Table.
“Condominium” means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
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(3) The undivided interests in the common elements are vested in the unit owners. In
the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or
more family dwellings. For example, a four (4) unit condominium building would be
treated as a four (4) family dwelling.
“Coverage” means that percentage of the total lot area covered by the building area.
“Crematory/[f]Funeral home” means building or structure used for preparation of the
deceased for display and/or interment and may also be used for ceremonies connected
with interment. Preparation may include cremation, which is the process of reducing
dead bodies to basic chemical compounds in the form of gases and bone fragments. This
is accomplished through burning—high temperatures, vaporization, and oxidation.
“Day [c]Care [c]Center” means an establishment where child care is regularly provided
for children for periods of less than twenty-four (24) hours, including the building
housing the facility and adjoining areas, and where tuition, fees, or other compensation
for the care of the children is charged.
“Dormitory” means a building, whether public or private, associated with a school,
college or university and designed, used, and arranged for private sleeping, studying,
and living accommodation for students.
“Dwelling” means a building or any portion thereof designed or used exclusively for
residential occupancy including one-family, two-family and multiple-family dwellings,
but not including any other building wherein human beings may be housed.
“Dwelling, [o]One-[f]Family” means any detached building containing only one (1)
dwelling unit.
“Dwelling, [t]Two-[f]Family” means any building containing only two (2) dwelling units.
“Dwelling, [m]Multiple-[f]Family” means any building containing three (3) or more
dwelling units.
“Dwelling [u]Unit” means one (1) or more rooms and a single kitchen in a dwelling
designed as a unit for occupancy by not more than one (1) family for living or sleeping
purposes.
“Elementary [s]School” means any school usually consisting of grades pre-
kindergarten through grade 6 or any combination of grades within this range.
“Essential [s]Service” means the erection, construction, alteration, or maintenance by
public utility companies or municipal departments or commissions, of underground or
overhead gas, electrical, steam, or water transmission or distribution systems,
collection, communication, supply, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and
other similar equipment and accessories in connection therewith. This definition shall
not be interpreted to include public buildings.
“Family” means any number of individuals living together as a single housekeeping
unit in a dwelling unit.
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“Farming” means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, [h]Height” means the vertical distance between the ground directly under the
fence and the highest point of the fence.
“Floor [a]Area” means the total of each floor of a building within the surrounding outer
walls but excluding vent shafts and courts.
“Fraternal [o]Organization” means a group of people formally organized for a common
object, purpose, or interest (usually cultural, religious or entertainment) that conducts
regular meetings and has written membership requirements.
“Frontage” means all the property fronting on one (1) side of a street between
intersection streets.
“Garage, [p]Private” means an accessory building or any portion of a main building
used in connection with residential purposes for the storage of passenger motor vehicles.
“Garage, [p]Public” means any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
“Gas [m]Manufacturer/[s]Storage” means the surface use of lands used in the
production, the mechanical transformation, or the chemical transformation of
hydrocarbon gas and includes uses for gas conditioning/compressor stations. “Storage”
means surface uses necessary for storage of produced or non-native natural gas.
“Governmental [b]Building” means a building or structure owned and operated by any
department, commission, or agency of the United States or of a state or municipality
and used to conduct official business of government.
“Grade ([g]Ground [l]Level)” means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet of a
public sidewalk, the ground level shall be measured at the sidewalk.
“Greenhouse” means a building or structure, usually a glassed or clear plastic
enclosure, used for the cultivation and protection of plants.
“Guest [r]Room” means any room in a hotel, dormitory, boarding, or lodging house
used and maintained to provide sleeping accommodations for one (1) or more persons.
“Guide [s]Service” means any activity on any premises used for collecting or returning
persons from recreational trips when remuneration is provided for the service.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms.
“High [s]School” means a secondary school usually consisting of grades 9 through 12
or any appropriate combination of grades within this range.
“Home [o]Occupation” means an accessory carried out for remuneration by a resident
in the resident’s dwelling unit.
“Hospital” means an institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured.
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“Hotel” means a building or group of buildings containing more than five (5) guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
“Junkyard” means any space one hundred (100) square feet or more of any lot or parcel
of land used for the storage, keeping, or abandonment of junk or waste material,
including scrap metals or other scrap materials, or for the dismantling, demolition, or
abandonment of automobiles, other vehicles, machinery, or any parts thereof.
“Library” means a collection of sources, resources, and services, and the structure in
which it is housed; it is organized for use and maintained by a public body, an
institution, or a private individual.
“Loading [s]Space” means an off-street space or berth on the same lot with a building
or structure to be used for the temporary parking of commercial vehicles while loading
or unloading merchandise or materials.
“Lodge” means a building or group of buildings containing five (5) or fewer guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without
meals.
“Lot” means a parcel of land occupied or to be occupied by a principal use and having
frontage on a public street.
“Lot, [c]Corner” means a lot situated at the junction of, and bordering on, two (2)
intersecting streets, two (2) platted rights-of-way, two (2) government easements, or any
combination thereof.
“Lot [c]Coverage” means that portion of the lot covered by buildings or structures that
require a building permit.
“Lot [d]Depth” means the horizontal distance separating the front and rear lot lines of
a lot and at right angles to its width.
“Lot [l]Line, [f]Front-[c]Corner [l]Lot” means the shortest street line of a corner lot.
“Lot [l]Line, [f]Front-[i]Interior [l]Lot” means a line separating the lot from the street.
“Lot [l]Line, [r]Rear” means a line that is opposite and most distant from the front lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten
feet (10′) in length, within a lot, parallel to and at the maximum distance from the front
lot line.
“Lot [l]Line, [s]Side” means any lot boundary line not a front lot line or a rear lot line.
“Lot [w]Width” means the mean horizontal distance separating the side lot lines of a
lot and at right angles to its depth.
“Manufactured [h]Housing” means a dwelling unit that meets Department of Housing
and Urban Development Standards for manufactured housing and is wider than sixteen
feet (16′), has a roof pitch of 4:12 or greater with roofing and siding common to standard
residential construction and is transported to the site and placed on a permanent
foundation.
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“Manufacturing/[f]Fabricating/[a]Assembly” means the mechanical or chemical
transformation of materials or substances into new products including assembling of
components parts, the manufacturing of products, and the blending of materials such
as lubricating oils, plastics, resins or liquors.
“Mini-[s]Storage [f]Facility” means a completely enclosed structure containing three
(3) or more areas or rooms available for lease or rent for the purpose of the general
storage of household goods, vehicles or personal property; where the lessee of the unit
is provided direct access to deposit or store items and where vehicles do not fill the
majority of the allowed storage space.
“Mobile [h]Home” means a structure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation when
connected to the required utilities. A mobile home is subject to all regulations applying
thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided.
“Mobile [h]Home [p]Park” means a site with required improvements and utilities for
the long-term parking of mobile homes which may include services and facilities for the
residents.
“Modular [h]Home” means a dwelling constructed in modules or sections at a place
other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is
transported to the site and then assembled and placed on a permanent foundation.
“Motel” means a group of one (1) or more detached or semi-detached buildings
containing two (2) or more individual dwelling units and/or guest rooms designed for,
or used temporarily by, automobile tourists or transients, with a garage attached or
parking space conveniently located to each unit, including groups designated as auto
courts, motor lodges, or tourist courts.
“Museum” means a building or structure that houses and cares for a collection of
artifacts and other objects of scientific, artistic, or historical importance and makes
them available for public viewing through exhibits that may be permanent or temporary.
“Necessary Aviation Facilities” means any air navigation facility, airport visual
approach aid, airfield lighting and signage, meteorological device or any type of device
approved by the Federal Aviation Administration (FAA), the location and height of which
is fixed by its functional purpose.
“Nonconforming [l]Lot” means a lot lawfully existing at the time this chapter became
effective, which by reason of area or dimensions, does not meet the development
requirements for the zone in which it is located.
“Nonconforming [s]Structure” means a structure or portion thereof, lawfully existing
at the time this chapter became effective, which by reason of its yards, coverage, height,
or other aspects of design, does not meet the development requirements of this zone.
“Nonconforming [u]Use” means a use of a structure of land, or of a structure and land
in combination, lawfully existing at the time this chapter became effective, or established
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on the premises of a previous nonconforming use as specified in this chapter, which is
not in conformity with the uses permitted in the zone in which it exists.
“Nursing, [c]Convalescent or [r]Rest [h]Home” means a building or structure used as
a residence for people who require constant nursing care and/or have significant
deficiencies with activities of daily living.
“Office” means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.
“Park” means a tract of land, designated by a public entity for the enjoyment of the
public and generally used for active and passive recreational activities.
“Parking, [p]Public [l]Lots” means a parking area available to the public, whether or
not a fee for use is charged.
“Parking [s]Space, [p]Private” means any automobile parking space, excluding
garages, not less than nine feet (9′) wide and one hundred eighty (180) square feet in
total area.
“Parking [s]Space, [p]Public” means an area of not less than one hundred eighty (180)
square feet exclusive of drives or aisles giving access thereto in area accessible from
streets and alleys for the storage of passenger motor vehicles operated by individual
drivers.
“Person” means a natural person, his or her heirs, executors, administrators, or
assigns, and also including firm, partnership, or corporation, or their successors and/or
assigns or the agent of any of the aforesaid.
“Personal [s]Services” mean establishments engaged in providing services involving
the care of a person or his or her apparel.
“Planned [u]Unit [r]Residential [d]Development” means an alternative method of
development of a residential neighborhood under more flexible conditions than
otherwise required in a specific zoning district.
“Principal [u]Use” means the major or predominant use of a lot or parcel of land.
“Profession” means an occupation or calling requiring the practice of a learned art
through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
“Property [o]Owner” means the owner shown on the latest tax assessment roll.
“Recreation” means leisure activities sometimes requiring equipment and taking place
at prescribed places, sites, parks, or fields. It can include active recreation, such as
structured individual or team activities requiring the use of special facilities, courses,
fields or equipment or passive recreation, such as activities that do not require prepared
facilities such as wildlife and bird viewing, observing and photographing nature,
picnicking, and walking.
“Recreational [v]Vehicle” means a vehicular-type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has its
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own motor power or is mounted on or drawn by another vehicle. Recreational vehicles
include, but are not limited to, travel trailers, camping trailers, truck campers, and
motor homes.
“Recreational [v]Vehicle [p]Park” means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
“Restaurant” means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
“Retail [b]Business” means establishments engaged in selling goods or merchandise to
the general public for business or personal/household consumption and rendering
services incidental to the sale of such goods.
“Secondary [u]Use” means a use allowed on a lot or parcel of land only if there is also
an allowed principal use on the property.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trademarks by which anything is made known, such
as are used to designate an individual, firm, association, corporation, profession,
business, or a commodity or product, which are visible from any public street or highway
and used to attract attention.
“State [h]Highway” means a right-of-way classified by the State of Alaska as a primary
or secondary highway.
“Storage [y]Yard” means a lot used primarily for the storage of operational vehicles,
construction equipment, construction materials or other tangible materials and
equipment.
“Street” means a public right-of-way used as a thoroughfare and which is designed and
intended to provide the primary means of access to property abutting thereon.
“Structure” means that which is built or constructed, an edifice or a building of any
kind, composed of parts joined together in some definite manner.
“Subsurface [e]Extraction of [n]Natural [r]Resources” means removing valuable
minerals or other geological materials from the earth, from an ore body, vein or (coal)
seam. Materials recovered could include gas, oil, base metals, precious metals, iron,
uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
“Surface [e]Extraction of [n]Natural [r]Resources” means removal of material, usually
soil, gravel, or sand for use at another location.
“Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or
birds for display.
“Theater” means a building or structure, or part thereof, devoted to the indoor
exhibition of motion pictures and/or of live dramatic, speaking, musical, or other
presentations.
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“Townhouse” means single-family dwelling units constructed in a series or group of
two (2) or more units separated from an adjoining unit by an approved party wall or
walls, extending from the basement of either floor to the roof along the linking lot line.
“Tree [n]Nursery” means a place where trees/plants are propagated and grown to
usable size.
“Use” means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
“Variance” means the relaxation of the development requirements of this chapter to
provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his or her real property.
“Warehouse” means a building or structure used for the storage of goods, wares and
merchandise that will be processed, sold or otherwise disposed of off of the premises.
“Wholesale [b]Business” means business conducted primarily for the purpose of
selling wares or merchandise in wholesale lots to retail merchants for resale.
“Yard” means an open, unoccupied space, other than a court, unobstructed from the
ground to the sky, except where specifically provided by this chapter, on the same lot
on which a building is situated.
“Yard, [f]Front” means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the nearest
to the front lot line.
“Yard, [r]Rear” means a yard extending across the full width of the lot between the most
rear main building and the rear lot line.
“Yard, [s]Side” means a yard on each side of a main building and extending from the
front lot line to the rear lot line. The width of the required side yard shall be measured
horizontally from the nearest point of a side lot line to the nearest part of the main
building.
“Zoning [c]Change” means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change of
any of the regulations contained in this chapter.
“Zoning [o]Ordinance or [o]Ordinances” mean the zoning ordinance of the City of
Kenai and Kenai Municipal Code Chapter 14.
Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.010 – Land Use Table, is hereby amended as follows:
14.22.010 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
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ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-
1 RS-
2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C C C C
Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on Parcel Without
Main Building or Use (See KMC
14.20.200)
N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service Stations C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer Services C N C N C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Professional Offices C N C C29 C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
NOTE: Reference footnotes on following pages for
additional restrictions
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N = Not Permitted
ZONING DISTRICTS
LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C [P20] C N C N N C C C C C N C N N C
Necessary Aviation Facilities P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings C C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
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Libraries* N C C C29 C C C C P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Animal Boarding/Commercial
Kennel13 C C C N C C N N C C C C N C N C C
Assemblies15 (Large: Circuses, Fairs,
Etc.) N C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Communications Towers &
Antenna(s), Radio/TV Transmitters/
Cell Sites** 28
C P C N C C C C P P P P P C C C C
Crematories/Funeral Homes N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General Agriculture*** N P P N N N N N N N N P N P N N N
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
LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU
Fraternal
Organizations/Private
Clubs/Social Halls and
Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13 N C C N C C C C P P P C N C C C P
Gunsmithing,
Taxidermy N N C N C C C C P P P P N C P P P
Nursing, Convalescent
or Rest Homes N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/C27 P
Recreational Vehicle Parks N C C N C N N C C C C C N C C N C
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Subsurface Extraction
of Natural Resources16 C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17 C 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.
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4. See “Townhouses” section.
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.
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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. Reserved
20. The airport related uses allowed under this entry are aircraft approach and
departure 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. Personal services not set forth in the below [ABOVE] matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted(P) Conditional Use(C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
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Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
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 two hundred seventy-five (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.
Section 5. Amendment of Chapter 14.24 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.24 – Development Requirements Tables, is hereby amended
as follows:
Table 14.24.010 Minimum lot area requirements.
DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS
USES C/RR RR1 RS RS1 RS2
RU/
TSH
ALI/IL/IH/
CC/CG
/CMU R ED LC
MINIMUM LOT
AREA
(square feet)
Single/Two/Three
Family Dwelling 20,000 20,000 7,200 12,500 7,200 7,200
See
individual
sections of
Code for
requirements 20,000 20,000 12,500
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Four Family
Dwelling 20,000 22,400 9,600 N N 7,200 N N 12,500
Five Family
Dwelling 22,400 N 12,000 N N 7,200 N N 12,500
Six Family
Dwelling 24,800 N 14,400 N N 7,200 N N 12,500
Seven or More
Family Dwelling
27,200 +
2,400 for
each unit
over 7 N
16,800 +
2,400 for
each unit
over 7 N N 7,200 N N 12,500
Maximum Height
(feet) 35 35 35 35 35 35
Footnotes:
(1) Listed square footages are the minimum required for each zone.
(2) Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary.
(3) Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
(4) Minimum lot size for residential uses in the CMU zone is 7,200 square feet.
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Table 14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS
USES C/RR RR1 RS RS1 RS2
RU/TS
H
ALI/IL/IH/C
C/CG/CMU R ED LC
MINIMUM LOT Width (feet) 90 90 60 60 60 60
See individual
sections of
Code for
requirements
90 90
90
MINIMUM LOT Size (feet)
Front 1 25 25 25 25 25 10 20 25 25 25
Side 2
One-Story 3
Day-light Basement/Split
Level 3 Two-Story 3 15
15
15
5
10
15
5
10
15
5
10
15
5
10
15
5
5
5 4
10
10
10
15
15
15
15
15
15
15
15
15 Rear 20 20 20 20 20 10 4 10 20 20 20
Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30%
Maximum Height (feet) 35 35 35 35 35 35
Footnotes:
(1) Provided that the minimum front setback is measured from any right-of-way or access easement.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan/As-built will distinguish
single and two-story portions of building to verify setback distances are met.
(3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor
next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower
story situated below a one-story is considered a one-story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade.
Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all
situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground
between the building and a line five (5) feet from the building.
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(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not
exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas, ramps, taxiways,
or parking aprons are exempt from the side setback requirements of this title. The building restriction line identified
on the Airport Layout Plan must be maintained.
(6) All structures in aircraft-approach zones and within eight thousand feet (8,000’) of the main runway shall be subject
to height limitations on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Layout
Plan.
Section 6. Severability: That 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 7. Effective Date: That pursuant to Kenai Municipal Code Section
1.15.070(f), this ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 4, 2016
Adopted: May 18, 2016
Effective: June 18, 2016
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
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d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
SECONDED the motion. There were no objections; SO ORDERED.
*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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
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and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
Page 79 of 202
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
Page 80 of 202
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
Page 81 of 202
[PAGE LEFT BLANK INTENTIONALLY]
Page 82 of 202
Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. 2885-2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
OFFICIAL KENAI ZONING MAP BY REZONING 51 PARCELS OWNED BY THE CITY OF
KENAI, LOCATED WITHIN THE AIRPORT RESERVE BOUNDARY FROM
CONSERVATION ZONE, RURAL RESIDENTIAL ZONE, SUBURBAN RESIDENTIAL ZONE
AND LIGHT INDUSTRIAL ZONE TO AIRPORT LIGHT INDUSTRIAL ZONE AND
RATIFYING THE APPLICATION TO THE PLANNING AND ZONING COMMISSION FOR
THE AMENDMENTS.
WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss
revising the Kenai Zoning Code to create a Zoning District by which suitable parcels are
retained and available for future public and private airport-related development; and,
WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the
Airport Reserve Boundary as Airport Industrial, which identifies airport lands reserved
for the Kenai Municipal Airport and its future expansion, and tracts needed for present
and future aviation-related uses and activities; and,
WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges
for existing and future commercial use in the City; and,
WHEREAS, the Airport Master Plan Phase 2 Report discusses the need to rezone airport
lands currently zoned as “Conservation;” and,
WHEREAS, at the May 6, 2015 Council Meeting, the Council of the City of Kenai took
action “directing the Airport Commission, Planning and Zoning Commission and
Administration to provide recommendations regarding appropriate zoning for Airport
Lands”; and,
WHEREAS, the Airport Commission and the Planning and Zoning Commission held joint
work sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss
the creation of the Airport Light Industrial Zoning District and change in zoning to the
affected parcels; and,
WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and
voted unanimously in support of the rezone proposed by this Ordinance; and,
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9,
2016 and voted in support of the rezone proposed by this Ordinance initiated by an
application on behalf of the City Council; and,
WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment
procedures and initiation of Zoning Code and Official Map Amendments; and,
Page 83 of 202
WHEREAS, the area to be rezoned is larger than one acre and the proposed amendment
to the zoning ordinance is not substantially the same as any other proposed amendment
submitted within the previous nine months; and,
WHEREAS, notice the public hearing held on the rezone was published and sent by mail
to property owners within 300 feet of the affected parcels; and
WHEREAS, the subject parcels are currently zoned Conservation Zone, (C), Rural
Residential Zone (RR), Suburban Residential Zone (RS) and Light Industrial Zone (IL);
and,
WHEREAS, the legal descriptions and Kenai Peninsula Borough parcel numbers of the
subject parcels are attached hereto as Exhibit “B”; and,
WHEREAS, Kenai Municipal Code Section 14.20.070 states the intent of the
Conservation Zone (C) is “to apply to areas which should be preserved primarily as open
areas and as watersheds and wildlife reserves. Airport and related uses have been
included in this zone to allow for the reservation of aircraft approach zones. It is
intended that this zone shall apply mainly to publicly owned land.”; and,
WHEREAS, Kenai Municipal Code Section 14.20.090 states the intent of the Suburban
Residential Zone (RS) is “to provide for medium density residential development in areas
which will be provided with common utility systems”; and,
WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural
Residential Zone (RR) is “to provide for low density residential development in outlying
and rural areas in a form which creates a stable and attractive residential environment”;
and,
WHEREAS, Kenai Municipal Code Section 14.20.130 states that the intent of the Light
Industrial Zone is “designed to provide for the development of industrial and commercial
uses which are usually compatible and which are of a type which has no nuisance effects
upon surrounding property, or which may be controlled to prevent any nuisance effects
upon surrounding property. New residential uses and other non-industrial uses, except
as otherwise provided in this chapter, are not permitted in this zone as principal uses
because it is intended that land classified in this zone be reserved for industrial and
commercial purposes, and because the IL zone is not suited to the excluded uses”; and,
WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on
Exhibit “A” to the Airport Light Industrial Zone (ALI); and,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that,
Section 1. Form: That this is a non-code ordinance.
Page 84 of 202
Section 2. Amendment of the City of Kenai Official Zoning Map: The Official Kenai
Zoning Map is amended by rezoning the subject parcels shown on Exhibit
“A” from Rural Residential Zone, Suburban Residential Zone, Light
Industrial Zone and Conservation Zone to Airport Light Industrial.
Section 3. Severability: That 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: That pursuant to Kenai Municipal Code Section
1.15.070(f), this Ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May,
2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 4, 2016
Adopted: May 18, 2016
Effective: June 18, 2016
Page 85 of 202
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Page 120 of 202
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 9, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D.
Fikes, G. Pettey
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Airport Manager M.
Bondurant, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-05
• Memo from Councilor Knackstedt, Approved by Council
• Copy of Quitclaim Deed from FAA
6.b. PZ16-07
• Copy of Rezoning Application
• Memo from the Airport Manager
• Memo from the City Planner
• Correspondence from residents
6.c. PZ16-08
• Copy of Rezoning Application
• Memo from the Airport Manager
• Correspondence from residents
MOTION:
Commissioner Peterson MOVED to approve the agenda including the additions to the packet;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
Page 121 of 202
d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Peterson
SECONDED the motion. There were no objections; SO ORDERED.
*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.
e. *Excused Absences – None.
2. *APPROVAL OF MINUTES: February 24, 2016
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-05 – An Ordinance of the Council of the City of Kenai, Alaska Amending Kenai
Municipal Code Chapter 14.20 – Kenai Zoning Code, to Enact Kenai Municipal Code
Section 14.20.065 – Airport Light Industrial Zone and Amending Kenai Municipal Code
Chapter 14.24 – Development Requirements Tables, to Add the Airport Light Industrial
Zone.
City Planner Kelley reviewed his staff report providing a history explaining that the Ordinance was
the culmination of work sessions between the Planning and Zoning Commission and the Airport
Commission, at the direction of City Council, and recommended approval of the Resolution, which
was a recommendation to City Council to approve the ordinance. The ordinance provided the
following code amendments:
• Adding sections regarding intent, development requirements, and parking requirements
• Adding definitions for airport compatible uses and necessary aviation facilities
• Modifying the land use table
The City Planner recommended the following additional amendment:
• Changing the land use table to reflect that mini-storage facilities, storage yards, and
warehouses be allowed by conditional use permit as opposed to being allowed without
permitting.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-05 with staff recommendations
Page 122 of 202
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution noting there were no provisions for buffers between
residences and the airport and also does not address the health and safety of residents. She
also suggested the airport was a high impact to residents on Float Plane Road.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the land was trapped and a solution was being sought to try to resolve the issue
and allow Kenai to grow. It was also noted that the land’s specific use was to fund the airport and
be used for airport uses.
MOTION TO AMEND :
Commissioner Springer MOVED amend the land use table to change mini-storage facilities,
storage yards, and warehouses from permitted use to allowable by conditional use permit and
Commissioner Focose SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16-07 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map by Rezoning 48 Parcels Owned by the City of Kenai,
Located Within the Airport Reserve Boundary from Conservation Zone, Rural
Residential, and Light Industrial Zone to Airport Light Industrial Zone, and Rezoning a
Parcel Owned by the City of Kenai, Located Within the Airport Reserve Boundary
Described as: Lot 1A, Kenai Cemetery Expansion #2 With Vacation of Section Line
Easements; (KPB Parcel No. 04317037) from Suburban Residential Zone together
with Conservation Zone (Split Zone) to Conservation Zone.
City Planner Kelley reviewed his staff report recommending approval of the Resolution PZ16-07,
which was a recommendation to City Council to approve an ordinance to rezone 48 parcels to
protect the viability of the airport and encourage appropriate development and compatible land
uses consistent with aviation uses
Page 123 of 202
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-07 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
Kristine Schmidt spoke against the resolution suggesting City Council asked for
recommendations, not rezoning. Also suggested that a rezoning shouldn’t be done due to the
repeal of the Comprehensive Plan; she read her letter into the record which was included in the
laydown.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that the airport was a nuisance because of noise; that the buffer zones could be
reconsidered; that a lot of time was spent at work sessions reviewing buffer zones but no one
came forth to express concerns.
Staff pointed out that the Airport Master Plan was being reviewed by the Airport Commission and
operations, expansions, and noise mitigation options were being considered; that rezoning the
properties dovetailed with the master plan review. It was also pointed out that most development
was near the current terminal.
VOTE:
YEA: Glendening, Fikes, Focose, Springer, Pettey
NAY: Twait, Peterson
MOTION PASSED.
c. PZ16-08 – An Ordinance of the Council of the City of Kenai, Alaska Amending the
Official Kenai Zoning Map By Rezoning an approximately 900-foot portion of a Parcel
Owned by the City of Kenai Described as: W1/2 Lying N. of Kenai Spur Hwy. & E. of
Marathon Rd., Excluding All Baron Park Subs. & Kenai Industrial Park, (KPB Parcel
No. 04501057), and a Parcel Owned by the City of Kenai Described as: S 1/2, S 1/2,
SW 1/4, Lying South of the Kenai Spur Hwy. (KPB Parcel No. 04501003) from
Conservation to General Commercial.
City Planner Kelley reviewed his staff report and provided a history of the parcels, noting previous
plats had been approved but not recorded; recommended approval of the rezone noting the
following:
• Any future development would require Landscape Site Plans which would address buffers
for residents along Lawton Drive
• Adoption of the ordinance changes the zones; doesn’t change the uses
• Further subdivision would be required to retain buffers or designate a park
• Parcels were narrow and after parking, setbacks, snow storage, etc. there was little left to
develop.
Page 124 of 202
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-08 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chairman Twait opened the public hearing.
Mayor Porter noted consideration of rezoning these particular parcels had always been a
contentious issue and that the Airport Commission requested it so they could complete the Airport
Master Plan. She also noted that the airport had to remain self-sustaining in order that taxpayers
didn’t have to subsidize it and when airport properties were leased or sold, the funds were
designated to the Airport Fund.
Roy Wells spoke against rezoning one of the parcels due to the houses across street; noted
general commercial was much different than conservation; spoke in favor of keeping the park.
Lucy Barton encouraged the City to purchase the parcel from the airport.
Kristine Schmidt spoke against rezoning the parcels, noting there wasn’t a big demand to rezone,
that residents oppose rezoning, and that restrictions created by Landscape Site Plans were not
satisfactory as rocks were not as good as trees. She suggested the City purchase the property
and that not every inch of property needed to be developed and monetized.
Debbie Adamson spoke against rezoning suggesting the City and the Airport trade land. She
noted she loved the green look of Kenai; used Lawton Drive to walk; many visit the park. She
also noted that school children walked to and from school utilizing Lawton Drive and the additional
traffic that rezoning would bring was worrisome.
Bob McIntosh noted the history of the funding of Wildflower Field; suggested the Federal Aviation
Administration wouldn’t repossess the land and that conservation is not a trap. He also noted the
green spaces were what made people want to live here.
Roy Wells spoke regarding the monetization of property, pointing out that the City benefited twice
when selling property for retail use, first with the profits from selling the land and then again with
the taxes collected by the retail establishment. He suggested it was a small price to pay to keep
a buffer of land to separate residences from commercial.
There being no one else wishing to be heard, the public hearing was closed.
Administration clarified differences in the meaning of conservation district in the 2003
Comprehensive Plan and in Kenai Municipal Code. Also noted the original deed pre-dated zoning
codes.
VOTE:
YEA:
NAY: Glendening, Peterson, Fikes, Focose, Twait, Springer, Pettey
MOTION FAILED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
Page 125 of 202
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
March 2, 2016:
• Enacted an Ordinance to fund the revisions of the 2003 Comprehensive Plan.
• Also provided a challenge grant for the fire suppression system for the Russian
Orthodox Church.
b. Borough Planning – No report; no meetings.
c. Administration – Kelley reported on the following matters:
• The All Hazard Mitigation Plan required a 5-year update; would be scheduling
meetings to do so.
• Met with the consultant for the Comprehensive Plan Revision; discussed meetings
and developing a process.
11. PERSONS PRESENT NOT SCHEDULED:
Airport Manager M. Bondurant spoke about the process required for projects at the airport; noting
environmental assessments and findings of impact as well as public noticing and public hearings.
She also noted that the airport wanted to be a good neighbor and took impacts of construction
and noise seriously.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
Commissioner Pettey noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked City Planner M. Kelley and those that testified. She noted she
would like to see the parcels on Lawton Drive to be permanently placed in conservation.
Commissioner Fikes added that she appreciated public comments and the transparency from the
airport manager.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:38 p.m.
Page 126 of 202
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
Page 127 of 202
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June 2016
City Council
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06/02/2016 - 7:00pm
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06/04/2016 -
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Harbor Commission
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06/08/2016 - 7:00pm
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City Council
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210 Fidalgo Ave.
Kenai, AK 99611
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Page 168 of 202
COUNCIL ON AGING MEETING
APRIL 14, 2016 – 4:30 P.M.
KENAI SENIOR CENTER
CHAIR VELDA GELLER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows:
Members Present: Chair V. Geller, Vice Chair M. Milewski, A. Weeks, L. Nelson, J.
Hollier, B. Osborn
Members Absent: B. Modigh, F. Walters, V. Hallmark
Staff/Council Liaison Present: R. Craig, Council Liaison B. Gabriel
A quorum was present.
2. AGENDA APPROVAL
Councilor Hollier MOVED to approve the agenda; Councilor Osborn SECONDED the motion.
There being no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – March 10, 2016
Councilor Milewski MOVED to approve the March 10, 2016 meeting summary; Council Member
Osborn SECONDED the motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – Brian Gabriel – KOOL Committee Report.
KOOL Committee Chair B. Gabriel reported that events were usually held at the park strip which
was owned by the Airport and that it was often difficult for people to hear; suggested that a
place was needed for events such as car shows and concerts that encouraged visitors. He also
reported that the purpose of the Committee was to identify a place for an event park and
recommend phases for construction. Finally, he noted recommendations made to City Council
consisted of budgeting $35,000 in the FY17 budget for design documents and then use budget
resources and grants to finalize the project over the next five years.
5. UNFINISHED BUSINESS
a. Survey Results
Senior Center Director R. Craig reported that the survey results netted 95% positive results and
asked the Council to accept the results.
Councilor Hollier MOVED to accept the survey results; Council Member Osborn SECONDED
the motion. There being no objections; SO ORDERED.
b. Resolution and Memo from Mayor Navarre
Page 169 of 202
Councilor W eeks MOVED to support Borough Mayor Navarre’s veto of Borough Resolution No.
2016-007 regarding a temporary Senior Citizen Advisory Task Force; Council Member Osborn
SECONDED the motion. There being no objections; SO ORDERED.
c. FY17 Budget Information
Senior Center Director R. Craig provided an update on the budget process, noting funding and
grants were down.
There was discussion regarding ways to reduce spending, including encouraging food be eaten
in the dining room and watching portion sizes.
Suggestions were made to encourage less waste, including signage stating taking only what
could be eaten, limiting the salad bar, offering fewer choices.
Councilor Nelson MOVED to limit portions, using signs on tables, salad bar and serving window
and let people know what they are entitled to and what lunch entails and what it does not;
Council Member Osborn SECONDED the motion. There being no objections; SO ORDERED
6. NEW BUSINESS - None
7. REPORTS
a. Senior Center Director – No report.
b. Council on Aging Chair – No report.
c. City Council Liaison – Council Liaison Gabriel reported on:
• A work session on April 18 to discuss Senior Center funding and the
multi-purpose building
• Reported the action taken at the April 6 Council meeting, noting the
Green Rush Club had reopened and Council’s ban on clubs until the
state develops regulations for that type of business; directed the attorney
to file and injunction.
8. NEXT MEETING ATTENDANCE NOTIFICATION – May 12, 2016
9. QUESTIONS & COMMENTS
10. PERSONS NOT SCHEDULED TO BE HEARD – None
11. INFORMATION
Council Member Weeks suggested working with a local business to put together a computer
technology fair.
12. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 6:35 p.m.
Page 170 of 202
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
Page 171 of 202
[PAGE LEFT BLANK INTENTIONALLY]
Page 172 of 202
KENAI AIRPORT COMMISSION
APRIL 14, 2016 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Commission Chair Feeken called the meeting to order at 6:00 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, K. Dodge, P. Minelga, C. Henry, L. Porter, J.
Zirul, J. Bielefeld
Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Liaison Tim Navarre,
Henry Knackstedt
A quorum was present.
a. Pledge of Allegiance
Commissioner Feeken led those assembled in the Pledge of Allegiance.
2. AGENDA APPROVAL
MOTION:
Commissioner Minelga MOVED to approve the agenda with the addition of an order of special
business and Commissioner Henry SECONDED the motion. There were no objections; SO
ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. March 10, 2016
MOTION:
Commissioner Porter MOVED to approve the meeting summary of March 10, 2016, and
Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. City Planner M. Kelley – Comprehensive Plan
Airport Manager M. Bondurant reported, on behalf of the City Planner, the role the Airport
Commission would play in the 2016 Comprehensive Plan Update; also gave members invitations
to the meetings.
Page 173 of 202
5. UNFINISHED BUSINESS
a. Discussion – Master Plan
Airport Manager M. Bondurant reported that comments were still being reviewed by the Technical
Advisory Committee and once received, a presentation to the Commission with a Public Hearing
would be scheduled.
b. Discussion/Recommendation – Unmanned Aircraft Systems (drones)
Jon Parker brought his unmanned aircraft system and gave a presentation; discussions were
scheduled to continue with regard to unmanned aircraft systems near the airport.
6. NEW BUSINESS
a. Discussion/Recommendation – Review of Noise Abatement Procedures
Airport Manager M. Bondurant asked the Commission to review the current noise abatement
procedures and recommend changes.
It was recommended that the prohibited time for training flights for large, heavy and jet aircraft be
changed.
MOTION:
Commissioner Minelga MOVED to recommend changing the prohibited time for training flights for
large, heavy and jet aircraft to 21:00 local time; Commissioner Dodge SECONDED the motion.
There were no objections; SO ORDERED.
b. Discussion/Recommendation – Third Amendment to Lease – Alaska Realty Group, Inc.
MOTION:
Commissioner Feeken MOVED to approve the third amendment to lease for Alaska Realty Group,
Inc.; Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Airport Manager – reported on the following:
• Airport Projects.
• Training schedule.
• Great Aviation Gathering.
• Car Rental Concession.
• Air Fair scheduled for June 11.
b. City Council Liaison – reported on the actions at the City Council meetings; also
noted Ordinances 2883-2016 and 2884-2016.
8. NEXT MEETING ATTENDANCE NOTIFICATION – May 12, 2016.
Page 174 of 202
9. COMMISSIONER COMMENTS AND QUESTIONS
All members thanked Larry Porter for his service to the Airport.
Larry Porter stated that he really enjoyed his last twelve years on the Airport Commission.
10. PERSONS NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 175 of 202
[PAGE LEFT BLANK INTENTIONALLY]
Page 176 of 202
KENAI HARBOR COMMISSION MEETING
MARCH 7, 2016 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PHIL MORIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Morin called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: Chair P. Morin, B. Peters, W. Nelson, V. Askin, S.
Thornton, D. Barth, C. Hutchison
Commissioners Absent: G. Greenberg
Staff/Council Liaison present: Public Works Director S. Wedemeyer
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Askin MOVED to approve the agenda with addition of agenda item 6.b. – Review
Resolution Asking Council to Clarify Duties and Responsibilities; Commissioner Barth
SECONDED the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – March 7, 2016
MOTION:
Commissioner Peters MOVED to approve the meeting summary of March 7, 2016 and
Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Training By City Clerk and City Attorney
City Clerk S. Modigh and City Attorney S. Bloom provided an overview of the Open Meetings
Act and Parliamentary Procedures.
b. Review Resolution Asking Council to Clarify Duties and Responsibilities
It was noted that Commission Member Barth would draft a resolution including defining the
Harbor limits, what the Commission should do, and definitions.
Page 177 of 202
c. Discuss the Work Session Scheduled for April
MOTION:
Commissioner Askin MOVED to move the work session time from 6:30 p.m. to 6:00 p.m.;
Commissioner Barth SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Public Works Director – noted that construction had begun on the South Beach
Road Project and that the launch ramps had been installed at the dock.
b. Commission Chair – no report.
c. City Council Liaison – no report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – May 9, 2016
9. COMMISSIONER COMMENTS/QUESTIONS
Commissioner Henry asked that request to change the meeting time be placed on the next
agenda.
Commissioner Thornton requested that the Council Liaison attend the meetings or that a
replacement be sent in their stead.
Commissioner Peters thanked the Commission for their participation in the meeting.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:45p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
Page 178 of 202
KENAI PARKS & RECREATION COMMISSION
APRIL 7, 2016
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHARIMAN AL HULL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Hull called the meeting to order at 7:05 p.m. Roll was confirmed as follows:
Commissioners present: A. Hull, J. Halstead, N. Widmayer, D. Barth
Commissioners absent: C. Stephens, M. Lindeman
Staff/Council Liaison present: Parks & Rec Staff Director B. Frates, Council Liaison Bob Molloy
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Halstead MOVED to approve the agenda; Commissioner Widmayer SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. February 4, 20106
MOTION:
Commissioner Stephens MOVED to approve the meeting summary of February 4, 2016 and
Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None
5. PERSONS PRESENT NOT SCHEDULED – None
6. UNFINISHED BUSINESS – None
7. NEW BUSINESS
a. PR2016-01 – Encouraging the Kenai City Council to Include $35,000 in the
Upcoming FY17 Budget for Conceptual Design Documents of an Event Park,
Including a Permanent Stage.
Chairman Hull provided an update on the work session with the Parks and Recreation
Commission, KOOL Committee, and City Council, noting that it was recommended that a
resolution be brought forward to Council by the Parks and Recreation Commission requesting
money be included in the upcoming budget for design drawings. He also discussed why
Page 179 of 202
Millennium Square was selected and praised the KOOL sub-committee members for their hard
work.
Commendation was provided for the amount of detail and work that went into the report.
MOTION:
Commissioner Halstead MOVED to approve Resolution 2016-01, encouraging Kenai City Council
to include $35,000 in the FY17 budget and Commissioner Widmayer SECONDED the motion.
There were no objections; SO ORDERED.
b. Discussion – Presentation by Administration on Design and Funding for Kenai
Multiuse Facility Upgrades.
Design expansion drawings were briefly reviewed. It was noted this project was only in the
discussion phase and administration is seeking questions, comments and input from various user
groups. A Council work session would be forthcoming.
8. REPORTS
a. Parks and Recreation Director – Frates reported on the following:
• Temporary hire recruitment underway
• Administration budget recommending a routine Parks & Recreation budget.
• Parks & Recreation department received a Division of Forestry grant.
• Historic Cabin sign ready for installation.
• Attending a playground safety certification course.
• Grass to be planted at Municipal Park in May.
b. Commission Chair – No report.
c. City Council Liaison- Council Member Molloy reported on the following:
• Bowling Alley update.
• Upcoming work sessions.
• Welcomed Commissioner Barth to the Parks & Recreation Commission
and the Harbor Commission.
9. NEXT MEETING ATTENDANCE NOTIFICATION – May 5, 2016
10. COMMISSION QUESTIONS & COMMENTS – None.
11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None.
12. INFORMATION – None.
13. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:0 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
Page 180 of 202
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 13, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, G. Pettey, J. Focose, D. Fikes
Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Deputy Clerk J.
Heinz, Planning Assistant W. Anderson, Council Liaison H.
Knackstedt
A quorum was present.
c. Agenda Approval
Commissioner Peterson noted the following items to be removed/added to the agenda/packet:
6.a. PZ16-06
• Staff Report dated March 23, 2016
• Presentation of Drone Flyover Video
• Correspondence from Citizens
MOTION:
Commissioner Peterson MOVED to approve the agenda including the removals/additions to the
agenda/packet; Commissioner Fikes SECONDED the motion. There were no objections; SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Page 181 of 202
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.
e. *Excused Absences – James Glendening
2. *APPROVAL OF MINUTES: March 9, 2016 and March 23, 2016
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
a. Bob McIntosh - Citizen’s Committee and Voter Approval for Final Comprehensive Plan
(10 minutes)
The scheduled individual was not present at the meeting; no comments were provided.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-06 – Application for a Conditional Use Permit to operate an approximately 400-
square-foot Retail Marijuana Store and an approximately 860-square-foot Marijuana
Cultivation Facility, Standard, within an existing approximately 2,256-squre-foot
commercial building; located on the property known as 5455 Kenai Spur Highway, Lot
6A1, Thompson Park 2013 Replat, KPB Parcel No. 04907032. Application submitted
by: Roger Boyd, 37095 Kalifornsky Beach Road, Kenai, Alaska 99611
[Clerk’s Note: At its March 23, 2016 meeting the Planning & Zoning Commission
postponed Resolution PZ16-06 to April 13, 2016 to allow for additional public
hearing. A motion to approve PZ16-06 is on the floor.]
City Planner Kelley noted his staff report had not changed and the opportunity for continued public
testimony. He also noted the additional information obtained from the attorney, determining that
the adjacent home used as a home school did not set buffers into place.
Chairman Twait opened the public hearing.
Eric Derleth showed video of a flyover done with a drone to show the property noting the fencing
doubled up on places, giving views of the property, noted where fencing was planned to prevent
access to back of establishment.
Brian Olson spoke in favor of the Conditional Use Permit noting he viewed commercial cannabis
licensing from the perspective of alcohol licensing pointing out that cannabis was much more
regulated. He stated he owned a winery, knows the alcohol regulations, read the marijuana
regulations and pointed out that the regulations are for the safety of the public.
Roger Boyd spoke in favor of the Conditional Use Permit, noting the issue was regarding zoning
and asked the Commission to review it based on those merits pointing out that the Limited
Commercial zone was to provide a transition between business and residential areas. He pointed
Page 182 of 202
out that in this situation the line was merely a property line, stated he was sympathetic to
neighbors, and noted it would require a lot of communication and understanding on the company’s
part. He also pointed out that no one knew what the impact on property values would be and
that the establishment would do no more harm than the liquor store as cleaning up the vacant
business would improve the neighborhood.
Ed Gaethele Spoke against the Conditional Use Permit noting that he was involved in real estate
and stated the marijuana establishment would have detrimental impact. He also noted that he
recently took custody of two grandchildren and would not have knowingly put them in a
neighborhood with drugs and or alcohol.
Kevin Moore testified in opposition of the Conditional Use Permit stating that it was not a benefit
for the community noting the oil and gas economic driver, which required heavy homeland
security. He further stated that if someone working in the oil and gas industry was found to have
drugs in their system they couldn’t ever work in the industry again meaning lost jobs and wages.
Robert Rinehart testified that his concern with the Conditional Use Permit was with the parking
lot tying into Lupine Street pointing out that customers could pull through neighborhood to
consume. He also pointed out that traffic decreased after the liquor store closed. He requested
that Lupine Street be blocked off leaving the neighborhood out of the picture.
John White spoke against the Conditional Use Permit noting previous testimony that marijuana
could be beneficial for seniors and veterans; he stated he was a senior and a veteran and opposed
marijuana establishments in the City of Kenai, suggesting the establishments be placed in other
locations where there was more commerce.
Janice Houtz spoke against the Conditional Use Permit stating she didn’t want any marijuana
establishments in the City of Kenai noting that they didn’t fit with the mission of the City; didn’t see
a future with the industry; pointing out it was a bad example for youth. She also stated that only
the establishment owners were going to benefit, and asked for consideration be given to the
community, City and children.
Mark Tyler spoke in favor of the Conditional Use Permit stating he believed the establishment
was consistent with the zoning regulations. He stated he was aware of negative activity in the
area and that he believed the ownership group would make the area safer being occupied, lit, and
with much higher security protocols. He pointed out that many were testifying that there was a
fear with the establishment’s proximity to children and noted that nobody ever expanded on what
the danger to children looked like.
Chad Boterious noted that he lived in the neighborhood, that he was in favor of dispensaries,
requested the business hours be from 10:00 a.m. to 5:00 or 6:00 p.m., and that it would be better
if the establishment were in a more commercial area. He also noted that he was concerned about
property values.
Chris Cook spoke against the Conditional Use Permit, noting that strip zoning was a problem and
suggested marijuana be confined to the old Lowe’s building or in the downtown district. She
echoed previous testimony that the former liquor store had been burglarized and feared that the
establishment would be a target for those looking to steal suggesting the establishment was an
inconsistent use.
Page 183 of 202
Patricia Patterson spoke in favor of the Conditional Use Permit pointing out that when the
Commission was considering the regulations, it was brought up that there were so many other
entities being buffered that the marijuana establishments were going to be pushed out of the main
commercial district of town. She also pointed out that the marijuana establishment owners were
going to have to be good neighbors as the establishment would be highly scrutinized.
Elizabeth Brennan spoke against the Conditional Use Permit noting that even though she was in
favor of dispensaries, she didn’t believe in them being so close to a neighborhood. She suggested
there would be recordings of the business itself, but none provided for the surrounding residences.
Ron Isaacs spoke in favor of the Conditional Use Permit noting there were a lot of entities that
had been buffered within the City. He noted several residents of the area weren’t present and
that may be taken as support for the establishment.
Chris Burccholz pointed out that the notice was only sent to residents that lived within 500 feet of
the establishment.
Leif Abel spoke in favor of the Conditional Use Permit noting that the permit should be granted if
it met the zoning requirements. He also stated that the economic opportunity was good for the
community.
Chairman Twait closed the public hearing.
It was clarified that federal funding for the Kenai Spur Highway was not jeopardized as the Cole
Memorandum, if followed, allowed the state to govern itself.
It was pointed out that the purpose of a public hearing was to take testimony to determine if
additional conditions such as parking, hours of operation, or buffers could be put into place to
make the establishment harmonious with the area.
It was reiterated that the City would have an opportunity to comment at every renewal which would
allow for review of the Conditional Use Permit as well.
Staff clarified that in 2006 the zoning of the property was changed from General Commercial to
Limited Commercial.
Commissioner Twait noted the City Council gave the Planning & Zoning Commission the directive
to find areas that Commercial Marijuana Establishments could exist within the City and that there
was not a lot of input during those meetings. He also noted that the task of the Commission was
not to debate cannabis but determine if the establishments could meet the conditions set forth.
Finally, Commissioner Twait pointed out that the public has opportunity to weigh in on the
Conditional Use Permit annually.
Commissioner Peterson stated his intention to vote in favor as the establishment followed the
ordinances set forth.
Commissioner Fikes noted a previous contentious issue regarding a Conditional Use Permit
noting that the City had processes in place for rectifying situations. She noted that based on the
state’s licensing regulations and the City’s land use regulations being met, she would vote in favor
of the Conditional Use Permit.
Page 184 of 202
Commissioner Springer noted he was not an advocate for marijuana sales, but would vote in favor
after considering the zoning regulations combined with the fact that the property had consistently
been used as a retail establishment. He also noted the security measures proposed to be put
into place were commendable.
Commissioner Pettey noted that the Conditional Use Permit provided the opportunity to determine
if the proposed establishment was in harmony with the surrounding community and after listening
to the comments from the surrounding property owners, she would vote against the Conditional
Use Permit.
Commissioner Focose noted that after considering the zoning regulations, he would be voting in
favor of the Conditional Use Permit.
It was noted that based on the delay of the issuance of the license combined with the time it took
to grow the product, the retail establishment would not be able to sell for a full year before the
Conditional Use Permit could be reviewed again.
VOTE:
YEA: Peterson, Fikes, Focose, Twait, Springer
NAY: Pettey
MOTION PASSED.
Commission Chair Twait noted the 15-day appeal period.
b. PZ16-10 – A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, Recommending Council Adopt the City of Kenai Annex to the Kenai Peninsula
Borough All Hazard Mitigation Plan.
City Planner Kelley reviewed his staff report noting that the Plan called for an update every five
years and dealt with panic and hazard situations. He briefly discussed some of the changes that
were made after the work session held on March 23, 2016, most affecting the erosion sections.
MOTION:
Commissioner Peterson MOVED to adopt Resolution PZ16-10; Commissioner Focose
SECONDED the motion.
Chairman Twait opened the public hearing; there being no on wishing to be heard, the public
hearing was closed.
A numbering inconsistency was pointed out.
MOTION TO AMEND :
Commissioner Peterson MOVED to amend the table to be numbered sequentially number and
add mobile home parks; Commissioner Fikes SECONDED the motion.
VOTE ON THE AMENDMENT:
Page 185 of 202
YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the 4/6
Council Meeting which was provided in the packet and added that there was renewed
interest from the Beautification Committee regarding the Storefront Improvement program.
b. Borough Planning – No report; Commissioner Glendening was absent.
c. Administration – Kelley provided a reminder for the Town Hall meetings on April 16 and
April 26 regarding the Comprehensive Plan revision.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 27, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Focose noted the Public Hearings went smoothly.
Commissioner Pettey stated that she was honored to participate in the public process.
Commissioner Peterson thanked Chariman Twait for his management of the meeting.
Commissioner Fikes echoed Commissioner Peterson’s comments noting Chairman Twati’s,
kindness and professionalism in allowing everyone to speak.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 9:16 p.m.
Page 186 of 202
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
Page 187 of 202
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 27, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, J. Twait, K. Peterson, G. Pettey, J. Focose, D. Fikes,
J Glendening
Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Planning Assistant
W. Anderson, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; Commissioner Fikes SECONDED the
motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda; Commissioner Focose
SECONDED the motion. There were no objections; SO ORDERED.
*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.
e. *Excused Absences – None
2. *APPROVAL OF MINUTES: April 13, 2016
Page 188 of 202
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
Mayor Porter thanked the Commission for their work as Planning and Zoning Commission
Members and their work on the Comprehensive Plan.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Review of Shore Fishery Leases
During his report, City Planner M. Kelley stated all leases were renewals of shore leases of Cook
Inlet View Drive that were renewed every ten years following the State of Alaska’s leasing
structure. He also noted that the Attorney had reviewed the leases and approved their form.
It was clarified that the leases are set net sites and were comparable statewide.
MOTION:
Commissioner Glendening MOVED to recommend to City Council to renew seven Shore Fishery
Leases; Commissioner Peterson SECONDED the motion. UNANIMOUS CONSENT was
requested.
VOTE: There were no objections; SO ORDERED.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the April 20
Council Meeting which was provided in the packet and provided clarification that the
Reservoir that was approved was funded with grant funds.
b. Borough Planning – Commissioner Glendening reported that the Plat Committee and
Planning Commission met April 25 and approved 4 plats, granted a utility easement,
approved three material extraction permits, and addressed an anadramous fish stream
issue with a State of Alaska on the Sterling Highway.
c. Administration – Kelley reported on the following:
• April 26 was the final Comprehensive Town Hall meeting for the public
• Planned to schedule work sessions with the Planning and Zoning Commission
in May and June.
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• Noted a Comprehensive Plan Town Hall meeting for business members to be
held on May 10.
• Provided a reminder of the Volunteer Appreciation Dinner on May 3.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: May 11, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked staff and the contractor for their professionalism with the
Comprehensive Plan revision.
Commissioner Peterson noted he was impressed with the way the meeting went on April 26 and
was surprised with the number of people that seemed misled, misguided and misunderstood. He
added that he hoped that there could be some education to explain that the Comprehensive Plan
is not a rezoning. He also thanked staff for their work on the meetings.
Jeff Twait thanked City Planner Kelley’s wife for her assistance with the Comprehensive Plan
meetings.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:33 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy Clerk
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KENAI BEAUTIFICATION COMMITTEE
APRIL 12, 2016 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Gabriel called the meeting to order at 7:01 p.m. Roll was confirmed as follows:
Members present: Chair L. Gabriel, A. Zulkanycz, S. Peterson, T. Canady, R. Sierer
Members absent: C. Jung, B. Madrid,
Staff/Council Liaison present: Parks and Recreation Operator R. Dodge, Council Liaison M.
Boyle
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Committee Member Zulkanycz MOVED to approve the agenda and Member Sierer SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. January 12, 2016
MOTION:
Committee Member Peterson MOVED to approve the meeting summary of January 12, 2016 with
the notation that there was no mural on the fence under item 6.d., wood should be stained a
natural color under item 6.f., and Mike Boyle’s name be included under item 7.c.. Committee
Member Zulkanycz SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Volunteer Plant Day
It was decided that Volunteer Plant day would be set for June 4.
b. Landscaping at Gazebo (Wildflower Garden)
It was recommended that a rock border be added around the gazebo bed after the lilies were
planted.
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It was noted that the Care Center could help with planting and that Chair L. Gabriel would write
thank you letters to those who helped with the gazebo.
c. Winter Decorations (Static Displays)
This item was postponed to the May 10th meeting.
d. Summer Garden Planting
It was suggested that a pallet display be put in at the cabins, that salvia be planted at Cornerstone
Rock, that cotoneasters be planted along the fence at 4th Avenue and Forrest Street, that red and
white petunias be planted at the fire station, and that pink petunias be planted at the town tree.
7. REPORTS
a. Parks and Recreation – R. Dodge reported on the following:
• A grant received for planting food bearing plants.
• Mountain View Elementary school obtained a grant for arbor day.
• The greenhouse was full.
b. Committee Chair – L. Gabriel noted she would send thank you letters.
c. City Council Liaison – M. Boyle reminded the Committee of the Volunteer
Appreciation Dinner on May 3.
8. NEXT MEETING ATTENDANCE NOTIFICATION – May 10, 2016
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
There being no further business before the Committee, the meeting was adjourned.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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