HomeMy WebLinkAbout2016-03-09 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
MARCH 9, 2016 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the Commission and will be approved by one motion. There will be no separate
discussion of these items unless a Commission Member so requests, in which case
the item will be removed from the Consent Agenda and considered in its normal
sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *February 24, 2016 ............................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: None
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. .................................................................................... 5
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. .... 33
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. ................. 43
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 51
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 23, 2016
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 24, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Chair Twait called the meeting to order at 7:02 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
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, City
Clerk S. Modigh, 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 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
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 – Commissioner G. Pettey
2. *APPROVAL OF MINUTES: January 27, 2016
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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. PZ16-01 – Application for a Conditional Use Permit for an overflow parking lot to be
located on the property known as 507 Upland Street, Tract D, Nissen Subdivision,
Malston-Braun Addition 1983. The application was submitted by the Kenaitze Indian
Tribe, P.O. Box 988, Kenai, Alaska 99611.
City Planner Kelley reviewed his staff report recommending approval of the Conditional Use
Permit with the following conditions:
• All required landscaping as presented in the approved landscaping plan shall be installed
within two (2) years of the approved landscaping plan.
• One hundred percent (100%) of ground cover of the landscaping beds shall be planted
and maintained to that there is no exposed soil within three years of the approved plan.
• Snow storage shall be temporarily located on the subject parcel until such time as it can
be removed from the site. No snow may be stored in such a manner that would clock
visibility for ingress and egress to the parcel.
• If construction of the project has not started within one year of the approval of the
landscaping/site plan, the approval may be revoked by the Administrative Official after
providing at least thirty (30) day notice unless extended for good cause.
• All lighting shall be installed pursuant to the approved lighting plan.
• The crosswalk shall be installed parallel to vehicular traffic on Upland Street.
• The installation of tactile pads shall be required at all sidewalk landings.
• The parking lot shall be asphalt paved and striped pursuant to the approved construction
plans.
Chairman Twait opened the public hearing; there being no on wishing to be heard, the public
hearing was closed.
It was noted that bollards would be placed along the northern boundry of the parking lot, excluding
entry and exits.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16-01 with staff recommendations
and Commissioner Glendening SECONDED the motion.
VOTE:
YEA: Glendening, Peterson, Fikes, Focose, Twait, Springer
NAY:
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MOTION PASSED UNANIMOUSLY.
Twait advised of the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the following meetings:
February 3, 2016:
• Appropriated $250,000 for City Shop Improvements
• Repealed existing committee/commission policy and adopted a revised policy.
• Scheduled a joint work session on March 3rd with the KOOL Committee to review
the Event Park Feasibility Report.
February 17, 2016:
• Holly Ward requested the City revisit the Kenai Business Improvement Plan.
• Approved the Airport Commission to begin meetings at 6:00p.m.
• City Clerk directed to record all meetings related to the Comprehensive Plan
Review and provide audio on the website.
• Approved travel for Vice Mayor to accompany the City Manager to Juneau to visit
with Legislators.
February 23, 2016:
• A joint work session was held with the Airport Commission to discuss the sale and
lease of airport lands.
b. Borough Planning – Commissioner Glendening reported on the following meetings:
February 8, 2016
• Renamed existing streets to comply with the 911 regulations
February 22, 2016:
• Plat Committee reviewed 7 preliminary plats
• Conducted a public hearing for a vacation of a right-of- way in Kenai off Second
Avenue, which was approved.
• Conditional Use Permit granted in Nikiski for a gravel pit although there was
opposition from the public.
• Reviewed an ordinance enacting regulations regarding marijuana licensing.
• Presentation by Leif Able provided an update on the Marijuana Task Force.
c. Administration – Kelley reported on the following matters:
• Advised that the abandoned mobile home issue may be combined in an update to
the nuisance abatement section in the code.
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11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 9, 2016
14. COMMISSION COMMENTS & QUESTIONS: None.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:31 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
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MEMORANDUM:
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: March 9, 2016
SUBJECT: PZ16-05 – An Ordinance to Enact Kenai Municipal Code Chapter
14.20.065 – Airport Light Industrial (ALI)
The purpose of this communication is to introduce Resolution PZ16-05 to the Planning and Zoning
Commission which recommends the following to the Council of the City of Kenai:
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 Section 14.20.065 – Airport
Light Industrial Zone (ALI), to add the Airport Light Industrial Zone, and related uses, and
amending Kenai Municipal Code Chapter 14.24 – Development Requirements Tables, to add the
Airport Light Industrial Zone.
At Work Sessions on June 23, 2015, November 12, 2015 and January 13, 2016, the Planning &
Zoning Commission and the Airport Commission held joint work sessions to discuss and create
the proposed Airport Light Industrial Zoning District. At each work session the two Commissions
discussed the proposed Ordinance which would enact Kenai Municipal Code Section 14.20.065
– Airport Light Industrial Zone.
When the City of Kenai received Zoning Authority from the Borough all parcels designated as
Airport Property, were zoned Conservation Zone. At the time it was intended that these parcels
be reserved for Kenai Municipal Airport use pursuant to the 1963 Deed of Conveyance from the
Federal Aviation Administration. Over time, the interpretation of the Conservation Zone has
changed and has moved more towards preserving these parcels for open spaces, watersheds
and wildlife reserves. Airports are still included in the Conservation Zone; however, it has been
predominantly for aircraft approach zones. As airport lands have been leased and developed,
the zoning designation of these parcels has changed to Light Industrial (IL) which allows “Airports”
as a Conditional Use. Kenai Municipal Code Section 14.20.320 – Definitions, defines the Airport
Use as “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 runway for a plane to take off and land, a helipad, or water for takeoffs and
landings, and often includes buildings such as control towers, hangars and terminal buildings.”
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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In researching the proposed Airport Light Industrial Zone, staff looked at the Light Industrial Zone
appropriate land uses contained within it.
The intent of the Light Industrial Zone as outlined in KMC 14.20.130 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.” The proposed
new zoning code would seek to protect the viability of the airport and encourage appropriate
development and compatible land uses, consistent with aviation uses. It would also take into
account the protection of Runway Protection Zones and help to reduce hazards to public health,
safety and welfare.
At their regular meeting of February 11, 2016, the Airport Commission voted unanimously to
support the proposed Ordinance and directed staff to forward this recommendation to the City
Council along with a recommendation from the Planning & Zoning Commission.
Therefore, staff would like to recommend that the Commission approve Resolution PZ16-05 and
then direct staff to forward its recommendation to the City Council.
Thank you for your consideration.
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-05
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING TO 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 (ALI), TO ADD THE
AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.24 – DEVELOPMENT REQUIREMENTS TABLES, 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 home rule municipality, has the authority to provide res ponsible
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 area as well as definitions for “Airport Compatible Uses” and
“Necessary Aviation Facilities”; and,
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code Section
14.22.010 – Land Use Table, add the Airport Light Industrial Zone and airport compatible land-
uses which are appropriate with aviation land-uses and help to protect the viability of the Kenai
Municipal Airport; and,
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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,
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT KENAI MUNICIPAL CODE OF ORDINANCES, CHAPTER AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.20 – KENAI ZONING CODE TO ENACT KENAI MUNICIPAL
CODE SECTION 14.20.065 – AIRPORT LIGHT INDUSTRIAL ZONE (ALI), TO ADD THE
AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING KENAI
MUNICIPAL CODE CHAPTER 14.24 – DEVELOPMENT REQUIREMENTS TABLES, TO ADD
THE AIRPORT LIGHT INDUSTRIAL ZONE AND MAKE OTHER HOUSEKEEPING CHANGES
AS SHOWN IN ATTACHMENT "A".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 9th day of March, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. *-2016
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 (ALI), TO
ADD THE AIRPORT LIGHT INDUSTRIAL ZONE, AND RELATED USES, AND AMENDING
KENAI MUNICIPAL CODE CHAPTER 14.24 – DEVELOPMENT REQUIREMENTS
TABLES, 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 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 area as well as definitions for
“Airport Compatible Uses” and “Necessary Aviation Facilities”; and,
Attachment A
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New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, it is in the best interest of the City of Kenai to amend Kenai Municipal Code
Section 14.22.010 – Land Use Table, add the Airport Light Industrial Zone and airport
compatible land-uses which are appropriate 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 _______ 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.
(f) Development Requirements:
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(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 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:
Federal Aviation Regulation (FAR) Part 77, “Safe, Efficient Use and
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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 Chapter 14.20 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 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
the main use of the land which is located on the same lot as the main building or use,
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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 Airport
Compatible 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
own motor power or is mounted on or drawn by another vehicle. Recreational vehicles
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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.
“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.
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“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 Chapter 14.22 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 14.22 – 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
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
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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
N = Not Permitted
NOTE: Reference footnotes on following pages for
additional restrictions
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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 P N C N C N N C C P P P N N N C C
Storage Yard P N C N C N N C C P P P N N N N C
Warehouses P 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
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
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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
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)
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** 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.
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.
Page 26 of 54
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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.
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.
Page 27 of 54
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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
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
Page 28 of 54
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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 – Land Use Table, is hereby amended as follows:
Table 14.24.010 Minimum lot area requirements.
DEVELOPMENT REQUIREMENTS TABLE
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
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:
Page 29 of 54
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(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.
Page 30 of 54
New Text Underlined; [DELETED TEXT BRACKETED]
Table 14.24.020 General Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
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.
Page 31 of 54
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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 * day of *, 2016.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: *, 2016
Adopted: *, 2016
Effective: *, 2016
Page 32 of 54
STAFF REPORT
To: Planning & Zoning Commission
Date: March 9, 2016 Res: PZ16‐07
GENERAL INFORMATION
Applicant: City of Kenai
201 Fidalgo Avenue
Kenai, AK 99611
Requested Action: Rezone – 51 Parcels within the Airport Reserve
Boundary owned by the City of Kenai from
Conservation Zone, Rural Residential Zone,
Suburban Residential Zone, Light Industrial Zone to
Airport Light Industrial Zone.
Legal Description: Attached hereto as Exhibit “B”
KPB Parcel No.: Attached hereto as Exhibit “B”
Existing Zoning: Conservation (C), Rural Residential (RR), Suburban
Residential (RS), Light Industrial (IL)
Current Land Use: Kenai Municipal Airport – Various Aviation Uses
Land Use Plan: Airport Industrial & Neighborhood Residential
ANALYSIS
General Information:
When the City of Kenai received Zoning Authority from the Kenai Peninsula
Borough all parcels designated as Airport Property, were zoned Conservation
Zone. At the time, it was intended that these parcels be reserved for Kenai
Municipal Airport use pursuant to the 1963 Deed of Conveyance from the
Federal Aviation Administration. Over time, the interpretation of the
Conservation Zone has changed and has moved more towards preserving these
parcels for open spaces, watersheds and wildlife reserves. Airports are still
included in the Conservation Zone; however, it has been predominantly for
aircraft approach zones. As airport lands have been leased and developed, the
zoning designation of these parcels has been changed to Light Industrial (IL)
which allows “Airports” as a Conditional Use. Kenai Municipal Code Section
14.20.320 – Definitions, defines Airport Use as “a location where aircraft such as
fixed-wing aircraft, helicopters, and blimps take off and land.
Page 33 of 54
PZ16‐07 Staff Report
Page 2
Aircraft may be stored or maintained at an airport. An airport consists of at least
one (1) surface such as a runway for a plane to take off and land, a helipad, or
water for takeoffs and landings, and often includes buildings such as control
towers, hangars and terminal buildings.”
As discussed and proposed in PZ16-05, staff is recommending that Kenai Municipal
Code Chapter 14.20 – Kenai Zoning Code be amended to enact Kenai Municipal
Code Section 14.20.065 – Airport Light Industrial Zone (ALI). As part of the
proposed creation of the ALI Zone, staff recommends that 51 parcels owned by the
City of Kenai as airport lands be rezoned from Conservation Zone, Rural Residential
Zone, Suburban Residential Zone and Light Industrial Zone to ALI. The rezoning of
these subject parcels would be in conjunction with the approval of an Ordinance by
the Council of the City of Kenai to enact the ALI Zone. A map showing the Kenai
Municipal Airport and the Airport Reserve Boundary with the proposed ALI Zone is
attached as Exhibit “A”. The Kenai Peninsula Borough Parcel Numbers and
respective legal descriptions for the proposed 51 parcels to be rezoned to ALI is
attached as Exhibit “B”.
Kenai Municipal Code (KMC) 14.20.270 describes amendment procedures.
Section 2 states, “Amendments to the Official Zoning Map shall be considered
only if the area to be rezoned contains a minimum of one (1) acre (excluding
street or alley rights-of-way) unless the amendment enlarges an adjacent district
boundary.” As shown on Exhibit “A”, the subject 51 parcels are zoned
Conservation Zone, Rural Residential Zone, Suburban Residential Zone and Light
Industrial Zone. The subject parcels are located entirely with the Airport Reserve
Boundary and comprise approximately 1,253.5 acres.
The intent of the Conservation Zone, as described in KMC 14.20.070 is: “The C-
Zone is intended to apply to areas which should be preserved primarily as open
areas and a 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.”
The intent of the Rural Residential Zone, as described in KMC 14.20.080 is: “The
RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential
environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.”
Page 34 of 54
PZ16‐07 Staff Report
Page 3
The intent of the Suburban Residential Zone, as described in KMC 14.20.090 is:
“The RS Zone is intended to provide for medium density residential development
in areas which will be provided with common utility systems. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate
light, air, and privacy;
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.”
The intent of the Light Industrial Zone, as described in KMC 14.20.130 is: “The IL
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.”
As described in PZ16-05, the intent of the proposed Airport Light Industrial Zone
would be: “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.”
The 2003 Comprehensive Plan classifies the 51 subject parcels as Airport
Industrial and one parcel as Neighborhood Residential. The 2003 City of Kenai
Comprehensive plan classifies Airport Light Industrial as: “The Airport Industrial
district 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.”
Pursuant to the 2003 City of Kenai Comprehensive Plan, the subject 50 parcels
located within the Airport Reserve Boundary which have a Land Use designation
of Airport Industrial would be consistent with the rezoning from the Zoning
designations described above to ALI and would support continued consistency
with aviation compatible land-use. By their nature, airport land uses are
consistent with that of commercial or industrial type uses and are not generally
compatible with residential uses. Given that the subject 50 parcels have a land
use designation of Airport Industrial; it would be appropriate for commercial uses
to be located on it.
Page 35 of 54
PZ16‐07 Staff Report
Page 4
Thus, providing general consistency with the 2003 Comprehensive Plan.
The 2003 City of Kenai Comprehensive Plan classifies Neighborhood Residential
as: “The Neighborhood Residential district consists of single-family and multi-
family residential areas that are urban or suburban in character. Typically, public
water and sewer services are in place or planned for installation. This land use
district may include both single-family and multi-family dwellings subject to
reasonable density transitions and/or design compatibility. Formal public outdoor
spaces (parks) are a critical feature in this district. Small home-based
businesses may be accommodated within certain design guidelines.
Neighborhood institutional uses such as churches, schools, and day care
facilities may be intermixed if they comply with neighborhood design guidelines.”
With regards to Kenai Peninsula Borough Parcel No. 04317037, further legally
described as Lot 1A, Kenai Cemetery Expansion No. 2. While this subject parcel
is located within the Airport Reserve Boundary, it has been designed to serve as
future development and expansion of the Kenai Cemetery. As defined in the
proposed ALI Zone, a cemetery would be a principally permitted use and would
therefore be allowed on the subject parcel. Furthermore, the expansion of the
Kenai Cemetery is a benefit to the Citizens of Kenai. Also, the 2003
Comprehensive Plan discusses the installation of outdoor spaces within the
Neighborhood Residential Land Use designation, which is a compatible
continued use of the subject parcel. Therefore, the continued designation of this
subject parcel for future expansion of the Kenai Cemetery would be consistent
with the Comprehensive Plan and with the ALI Zoning District.
RECOMMENDATIONS
As proposed the rezone meets the requirements of Kenai Municipal Code
14.20.270. The requested rezone would help to protect the viability of the Kenai
Municipal Airport. It would continue to seek and encourage appropriate
development and compatible land uses which are consistent with aviation uses.
It would also take into account the protection of Runway Protection Zones and
help to reduce hazards to public health, safety and welfare.
The issuance of the Rezoning permit shall be conditioned upon the following:
1. Applicant shall comply with all Federal, State and local regulations.
ATTACHMENTS:
1. Resolution No. PZ16-07
2. Exhibit “A”
3. Exhibit “B”
Page 36 of 54
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-07
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, APPROVAL OF THE REQUESTED REZONING.
WHEREAS, the applicant is the City of Kenai, who’s address is 210 Fidalgo Avenue,
Kenai, Alaska, 99611; and,
WHEREAS, the legal descriptions are: Attached hereto as Exhibit “B”; and,
WHEREAS, the KPB Parcel Numbers are: Attached hereto as Exhibit “B”; and,
WHEREAS, the Planning & Zoning Commission finds that Kenai Municipal Code
Section 14.20.270 describes the amendment procedures and initiation of Zoning Code
and Official Map Amendments; and,
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(C) provides that the request
may be submitted by the property owner in the area to be rezoned; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. The subject parcels are currently zoned Conservation, Rural Residential,
Suburban Residential and Light Industrial;
2. The present land use plan designation is Airport Industrial & Neighborhood
Residential;
3. The proposed Zoning District is Airport Light Industrial; and,
WHEREAS, the rezone of 51 parcels totaling approximately 1,253.5 acres within the
Airport Reserve Boundary as shown on Exhibit “A” is in the best interest of the City of
Kenai; and,
WHEREAS, the rezone to Airport Light Industrial is generally consistent with the 2003
City of Kenai Comprehensive Plan Land Use designations of Airport Industrial and
Neighborhood Residential; and,
Page 37 of 54
Resolution No. PZ16-07
Page 2 of 2
WHEREAS, the City of Kenai Planning and Zoning Commission finds that the conditions
which are prerequisite to issuance of a rezone have been met, as follows:
1. Applicant must comply with all Federal, State and local regulations.
2. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on March 9, 2016.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY RECOMMENDS TO THE
COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE PETITIONED REZONING
OF 51 PARCELS WITHIN THE AIRPORT RESERVE BOUNDARY AS SHOWN ON
EXHIBIT “A” AND AS LEGALLY DESCRIBED AND SHOWN ON EXHIBIT “B” BE
APPROVED.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 9TH DAY OF MARCH, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
Page 38 of 54
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MISSION ST
AIRPORTRESERVEBOUNDARY Exhibit "A"
Proposed ZoningZoning
Conservation
Rural Residential
Rural Residential 1
Suburban Residential
Suburban Residential 2
Urban Residential
Central Commercial
General Commercial
Central Mixed Use
Light Industrial
Heavy Industrial
Townsite Historic
Education
Airport Light Industrial Zone
Page 39 of 54
PZ16‐07 – Exhibit “B”
Page | 1
EXHIBIT “B”
PARCELS IN AIRPORT RESERVE BOUNDARY TO BE REZONED TO AIRPORT LIGHT INDUSTRIAL
PARCEL NUMBER LEGAL DESCRIPTION
04327036 Ptn. Of Sec. 5 & 6, lying NE of Kenai Spur Hwy. & E of Main Street excluding
USS 4969 & Gusty Subdivisions
04327030 Lot 1, Blk. 3, Gusty Subd. No. 4
04327031 Lot 2, Blk. 3, Gusty Subd. No. 4
04327032 Lot 3, Blk. 3, Gusty Subd. No. 4
04327033 Lot 4A, Blk. 3, Gusty Subd. No. 5
04327034 Tract C‐1, Gusty Subd. No. 7
04327021 Tract A, Gusty Subd. No. 3
04327035 Tract B, Gusty Subd. No. 6
04317037 Lot 1A, Kenai Cemetery Expansion No. 2
04317038 Tract A, Kenai Cemetery Expansion No. 2
04318044 All of Sec. 32, T6N, R11W, excluding Subdivision & Leased Areas
04318043 Tract A, Kenai Municipal Airport Float Plane Basin Replat
04101022 That portion of the SW ¼ Sec. 29, T6N, R11W, per Court Order under Case
No. 3KN‐86‐1406, excluding Kenai Municipal Airport Float Plane Basin Replat
04101004 E ½ NE ¼ & SW ¼ NE 1/4 , Sec. 29, T6N, R11W
04101021 W ½ Sec. 28 & SE ¼ of Sec. 29, T6N, R11W, excluding Kenai Municipal Airport
Float Basin Replat
04501056 NW ¼ NW ¼, lying W of Marathon Rd. Excluding Baron Park 2007 Replat, Sec.
33, T6N, R11W
04501031 Tract A1. Baron Park Subd. 2007 Replat
04336043 Lot 5, FBO Subd. No. 8
04336040 Lot 4, FBO Subd. No. 7
04336039 Lot 3, FBO Subd. No. 7
04336038 Lot 2, FBO Subd. No. 7
04336037 Lot 1, FBO Subd. No. 7
04336048 Lot 11A, FBO Subd. No. 9
04336047 Lot 9A, FBO Subd. No. 9
04336046 Lot 7A, Blk. 1, FBO Subd. Fed Ex Addn.
04336016 Lot 6, Blk. 1, FBO Subd.
04336017 Lot 5, Blk. 1, FBO Subd.
04336018 Lot 4, Blk. 1, FBO Subd.
04336028 Lot 3A1, FBO South Addn. No. 2
04336024 Lot 1A, FBO Subd. South Addn.
04336029 Lot 2A1, FBO South Addn. No. 2
04324025 Tract A. General Aviation Apron Subd. No. 2
04324006 Lot 3, Blk. 2, General Aviation Apron Subd. No. 1
04324005 Lot 2, Blk. 2, General Aviation Apron Subd. No. 1
04324004 Lot 1A, Blk. 2, General Aviation Apron Subd. No. 3
04324003 Lot 3, Blk. 1, General Aviation Apron Subd. No. 1
04342002 Lot 2, Blk. 1, General Aviation Apron Subd. No. 1
Page 40 of 54
PZ16‐07 – Exhibit “C”
Page | 2
04324028 Lot 1A, Blk. 1, General Aviation Apron Subd. No. 6
04324027 Lot 1A, Blk. 3, General Aviation Apron Subd. No. 6
04324024 Lot 2, Blk. 3, General Aviation Apron Subd. No. 1
04324010 Lot 1A, Blk. 4, General Aviation Apron Subd. No. 3
04324011 Lot 2, Blk. 4, General Aviation Apron Subd. No. 1
04324012 Lot 3, Blk. 4, General Aviation Apron Subd. No. 1
04324026 Lot 9A, Blk. 5, General Aviation Apron Subd. No. 5
04324021 Lot 7, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324020 Lot 6, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324019 Lot 5, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324018 Lot 4, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324017 Lot 3, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324016 Lot 2, Blk. 5, General Aviation Apron Subd. No. 1 Amended
04324015 Lot 1, Blk. 5, General Aviation Apron Subd. No. 1 Amended
Page 41 of 54
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MISSION ST
AIRPORTRESERVEBOUNDARY
Existing ZoningZoning
Conservation
Rural Residential
Rural Residential 1
Suburban Residential
Suburban Residential 2
Urban Residential
Central Commercial
General Commercial
Central Mixed Use
Light Industrial
Heavy Industrial
Townsite Historic
Education
Page 42 of 54
STAFF REPORT
To: Planning & Zoning Commission
Date: March 9, 2016 Res: PZ16‐08
GENERAL INFORMATION
Applicant: City of Kenai
201 Fidalgo Avenue
Kenai, AK 99611
Requested Action: Rezone – Approximately 900-foot portion of a parcel
from Conservation (C) to General Commercial (CG) &
Rezone a parcel from Conservation (C) to General
Commercial (CG).
Legal Description: Parcel 1:
W ½ LYING NO OF KENAI SPUR HWY & E OF
MARATHON RD EXCEPT ALL BARON PARK SUBS &
KENAI INDUSTRIAL PARK SUB,
Parcel 2:
S ½, S ½, SW ¼, LYING SOUTH OF THE KENAI
SPUR HWY
Street Address: 100600 Kenai Spur Hwy & 10095 Kenai Spur Hwy
KPB Parcel No.: 04501057 & 04501003
Existing Zoning: C – Conservation
Current Land Use: Vacant
Land Use Plan: Airport Industrial & Conservation
ANALYSIS
General Information:
Parcel 1:
This is an application to rezone an approximately 2.5-acre portion of an 81-acre
parcel described as W ½ Lying No of Kenai Spur Hwy & E of Marathon Rd Except
all Baron Park Subs & Kenai Industrial Park Sub., from Conservation Zone (C) to
General Commercial Zone (GC) with the resultant approximately 78.5-acre portion
remaining as Conservation Zone.
Page 43 of 54
PZ16‐08 Staff Report
Page 2
Parcel 2:
This is an application to also rezone an approximately 16.5-acre parcel described
above as S ½, S ½, SW 1//4, Lying South of the Kenai Spur Hwy, from
Conservation Zone (C) to General Commercial Zone (CG).
As shown on Exhibit “B”, Parcel 1 is presently undeveloped and Parcel 2 is
presently vacant, however, a portion of it has been developed with the “Kenai
Wildflower Garden”. The Kenai Wildflower Garden presently contains approximately
50 6x6 posts with tugboat rope, a gazebo, interpretive signs, and benches.
Kenai Municipal Code (KMC) 14.20.270 describes amendment procedures.
Section 2 states, “Amendments to the Official Zoning Map shall be considered
only if the area to be rezoned contains a minimum of one (1) acre (excluding
street or alley rights-of-way) unless the amendment enlarges an adjacent district
boundary.” As shown on Exhibit B, the subject parcels are zoned Conservation.
Parcel 1 is bound by Light Industrial on the west boundary with Rural Residential
and Rural Residential-1 on the east boundary. Parcel 2 is bound by General
Commercial on the west boundary with Suburban Residential, Conservation, and
Suburban Residential-2 on the south boundary and Education Zone on the east
boundary. Subject Parcel 1 is an approximately 2.5-acre portion of an
approximately 81-acre parcel. The proposed rezone of subject Parcel 1 would
result in a Split Zone, whereby the approximately 2.5-acre portion of the subject
parcel would be rezoned to General Commercial Zone and the remaining portion
being left as Conservation. Subject Parcel 2 is an approximately 16.5-acre
parcel which is proposed to also be rezoned to General Commercial Zone.
Therefore, the proposed rezone meets the criteria for an amendment.
The intent of the Conservation Zone is, “The C-Zone is intended to apply to areas
which should be preserved primarily as open areas and a 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.”
The proposed zoning for the portion of subject Parcel 1 and all of Parcel 2 is
General Commercial. The intent of the General Commercial zone is, “The CG
Zone is established to provide for areas where a broad range of retail, wholesale,
and service establishments is desirable. Uses are regulated to concentrate
commercial development to the greatest extent possible and to prevent any uses,
which would have an adverse effect upon nearby properties. New single and
two-family residential uses and other noncommercial 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 commercial
purposes, and because a commercial zone is not suited to the uses excluded
above.”
The 2003 Comprehensive Plan classifies Parcel 1 as Airport Industrial and
Parcel 2 as Conservation.
Page 44 of 54
PZ16‐08 Staff Report
Page 3
The 2003 City of Kenai Comprehensive plan classifies Airport Light Industrial as;
“The Airport Industrial district 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.”
The 2003 City of Kenai Comprehensive plan classifies Conservation as; “The
Conservation district applies to public lands whose primary use is open space,
recreation, fish and wildlife habitat, drainage ways, floodplain, and wetlands.
Some public improvements may be appropriate within appropriate design
guidelines.”
According to the Land Use Plan Map within the 2003 City of Kenai
Comprehensive Plan, Parcel 1 has a Land Use designation of Airport Industrial
and Parcel 2 has a Land Use designation of Conservation. With regards to
Parcel 1, the Land Use designation of Airport Industrial allows for uses which are
consistent with that of airport use. By their nature, airport land uses are
consistent with that of commercial or industrial type uses and are not generally
compatible with residential uses. Given that the subject Parcel 1 has a land use
designation of Airport Industrial, it would be appropriate for commercial uses to
be located on it. However, given the proximity to neighboring residential parcels,
it would be more appropriate to consider those uses allowed within the Central
Commercial Land Use designation which would support retail, service and office
uses. Therefore, given the Airport Industrial Land Use designation of subject
Parcel 1, a rezone of a portion of the subject parcel to General Commercial,
could be considered generally consistent with the 2003 Comprehensive Plan.
The Comprehensive Plan defines Central Commercial as “The Central
Commercial district supports retail, service, and office businesses that serve all
of Kenai and the larger region. It is the Kenai subregion’s main commercial
district. Retail, service, office, and public uses predominate. Non-commercial
uses, such as public offices, institutional uses, and dwellings may be appropriate
among commercial uses within mixed use areas.”
With regards to subject Parcel 2, the Land Use Plan Map within the 2003 City of
Kenai Comprehensive Plan designates the parcel as Conservation. While
presently, the Comprehensive Plan Land Use designation of Conservation would
be generally inconsistent with that of a commercial use under the General
Commercial Zone. It is therefore recommended that the Comprehensive Plan
Land Use designation be revised to that of Central Commercial to be more
consistent. Given the location of subject Parcel 2, with frontage along the Kenai
Spur Highway it would be appropriate for commercial uses which are consistent
with the Central Commercial land use designation to be established. Access
could be granted off the highway which would thereby help to not increase
vehicular traffic along Lawton Drive, thereby helping to protect the residences
and surrounding residential neighborhood. In addition, pursuant to Kenai
Municipal Code 14.25.020, a Landscape Site Plan would be required for any
future commercial development. Thus, protections could be implemented with
regards to preserving existing vegetation to serve as a landscape visual and
sound buffer.
Page 45 of 54
PZ16‐08 Staff Report
Page 4
The requested rezone would enlarge a General Commercial use. A rezone
would result in the extension and continuation of a General Commercial Zone. It
would also result in a General Commercial Zone abutting a Suburban Residential
and a Suburban Residential-2 Zone; however, that situation presently exists
across Walker Lane.
It would also result in an extension of the General Commercial Zone across the
Kenai Spur Highway and create a split zone; however, throughout the City of
Kenai there are a number of parcels which contain split zones. Therefore,
continuing the General Commercial zone along the Kenai Spur Highway would
continue to allow for commercial uses, which are generally more compatible
fronting along a highway rather than residential uses.
RECOMMENDATIONS
As proposed the rezone meets the requirements of Kenai Municipal Code
14.20.270. The subject parcels are accessed off of the Kenai Spur Highway,
Walker Lane, Lawton Drive and Rogers Road. The rezone would enlarge an
adjacent zoning boundary, and expand the General Commercial Zone to allow
for additional commercial uses along the Kenai Spur Highway. The proposed
rezone is consistent with the General Commercial Zone.
The issuance of the Rezoning permit shall be conditioned upon the following:
1. Applicant shall comply with all Federal, State and local regulations.
ATTACHMENTS:
1. Resolution No. PZ16-08
2. Exhibit “A” – Proposed Rezone
3. Exhibit “B” – Aerial Photo
Page 46 of 54
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-08
REZONE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, APPROVAL OF THE REQUESTED REZONING.
WHEREAS, the applicant is the City of Kenai, who’s address is 210 Fidalgo Avenue,
Kenai, Alaska, 99611; and,
WHEREAS, the legal descriptions are:
Parcel 1:
W ½ LYING NO OF KENAI SPUR HWY & E OF MARATHON RD EXCEPT ALL BARON
PARK SUBS & KENAI INDUSTRIAL PARK SUB,
Parcel 2:
S ½, S ½, SW ¼, LYING SOUTH OF THE KENAI SPUR HWY; and,
WHEREAS, the parcel addresses are 10060 Kenai Spur Hwy & 10095 Kenai Spur Hwy;
and,
WHEREAS, the KPB Parcel Numbers are 04501057 & 04501003; and,
WHEREAS, the Planning & Zoning Commission finds that Kenai Municipal Code
Section 14.20.270 describes the amendment procedures and initiation of Zoning Code
and Official Map Amendments; and,
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(C) provides that the request
may be submitted by the property owner in the area to be rezoned; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. The subject parcels are currently zoned Conservation;
2. The present land use plan designation is Airport Industrial & Conservation;
3. The proposed Zoning District is General Commercial and General Commercial
with Conservation (Split-Zone); and,
Page 47 of 54
Resolution No. PZ16-08
Page 2 of 2
WHEREAS, the rezone to General Commercial Zone of Kenai Peninsula Borough
Parcel No. 04501003 is not generally consistent with the 2003 City of Kenai
Comprehensive Plan and that the Land Use Plan Classification should be amended to
Central Commercial from Conservation to provide consistency; and,
WHEREAS, the rezone to General Commercial Zone of approximately 2.5-acres of
Kenai Peninsula Borough Parcel No. 04501057 with the resultant approximately 78.5-
acre remaining portion of the subject parcel remaining as Conservation Zone is
generally consistent with the 2003 City of Kenai Comprehensive Plan; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds that the conditions
which are prerequisite to issuance of a rezone have been met, as follows:
1. Applicant must comply with all Federal, State and local regulations.
2. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on March 9, 2016.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY RECOMMENDS TO THE
COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE PETITIONED REZONING
OF PARCEL 1 (W ½ LYING NO OF KENAI SPUR HWY & E OF MARATHON RD
EXCEPT ALL BARON PARK SUBS & KENAI INDUSTRIAL PARK SUB,) AND PARCEL 2
(S ½, S ½, SW ¼, LYING SOUTH OF THE KENAI SPUR HWY) AS SHOWN ON
EXHIBIT “A” BE APPROVED.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 9TH DAY OF MARCH, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
Page 48 of 54
MAGIC CT.
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Parcel 2
AIRPORTRESERVEBOUNDARY
Zoning
Conservation
Rural Residential
Suburban Residential
Suburban Residential 2
General Commercial
Central Mixed Use
Light Industrial
Townsite Historic
Education
Exhibit "A"
Proposed Rezone
Parcel 1
Page 49 of 54
MAGIC CT.
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Exhibit "B"
Aerial Photo
Parcel 1
Parcel 2
Page 50 of 54
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 2, 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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2881-2016 –
Appropriating Funds in the General and Comprehensive Plan Project Funds
for the Update of the 2003 City of Kenai Comprehensive Plan.
2. ADOPTED UNANIMOUSLY. Resolution No. 2016-07 – Authorizing a Budget
Transfer within the General Fund – Shop Department.
3. ADOPTED UNANIMOUSLY. Resolution No. 2016-08 – Authorizing a Budget
Transfer within the General Fund – Non-Departmental and Legislative
Departments for a Challenge Grant to be Awarded to Russian Orthodox
Sacred Sites in Alaska Inc., a Non Profit 501 (C)(3) for the Preservation of the
Church of the Assumption of the Virgin Mary, a National Historic Landmark
Located In The City Of Kenai.
E. MINUTES
1. ADOPTED BY THE CONSENT AGENDA. *Regular Meeting of February 17,
2016
F. UNFINISHED BUSINESS – None.
Page 51 of 54
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 3/16.
*Ordinance No. 2882-2016 – Waiving a Sale Restriction Imposed by Kenai
Municipal Code Section 21.05.010(B) with Respect to Lot 1, Block 1, Gusty
Subdivision (KPB Parcel No. 04327008) Located within the Airport Reserve;
Authorizing the Sale of Lot 1, Block 1, Gusty Subdivision to Ronald and Shirley
Smith; and Determining that Lot 1, Block 1 Gusty Subdivision is Not Needed
for a Public Purpose.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Transfer of
Ownership of Liquor License for Peking Restaurant.
4. APPROVED UNANIMOUSLY. Action/Approval – Purchase Orders
Exceeding $15,000.
5. NO ACTION TAKEN. Discussion – Request for Proposal for the Sale/Lease
of Airport Lands, Former Bowling Alley.
6. NO ACTION TAKEN. Discussion – Juneau Trip Report.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
a. Kenai Outdoor Opportunity Location Committee
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Page 52 of 54
L. REMOVED FROM THE AGENDA. EXECUTIVE SESSION – To Discuss an
Unsolicited Offer to Purchase 100 Trading Bay Road, Kenai, AK More Specifically
Described as Lot 4A Cook Inlet Industrial Air Park 2014 Replat, KN2014021, 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)].
M. PENDING ITEMS – None
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
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.
Page 53 of 54
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Page 54 of 54
COMMISSION CHAIR REPORT
MARCH 9, 2016
REGULAR COMMISSION MEETING
REQUESTED
SUPPORTING MATERIALS ADDED TO PACKET BY:
ADD:
6a Copy of Memo from Councilor Henry Knackstedt requesting
City Council consider rezoning airport properties within the
Airport Reserve Boundary and outside the boundary from
Conservation Zone to a more appropriate zone.
Administration
6a Copy of Quitclaim Deed from Federal Aviation Administration to
the City of Kenai
Administration
6b Copy of Rezoning Application for 51 parcels owned by the City
of Kenai within the Airport Reserve Boundary
Administration
6c Copy of Rezoning Application by City of Kenai for parcels
04501057 & 04501003
Administration
6b
6c
Memo from Mary Bondurant – Airport Manager Regarding
Airport
R
Administration
6c Memo from Matt Kelley regarding PZ16-08 Administration
6b
6c
E-mails and correspondence from citizens regarding Airport
Rezone and rezone of parcels 04501057 & 04501003
Administration