HomeMy WebLinkAbout2019-04-10 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 10, 2019 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused absences – Victoria Askin
*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 - None
3. SCHEDULED PUBLIC COMMENT - John Czarnezki – City Planner, City of Soldotna
regarding the sign code for the City of Soldotna
4. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS
a. Resolution PZ2019-10 – Original Preliminary Plat of Inlet Woods 2019 Replat, submitted
by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska 99611, on behalf of the Hall
Building LLC, P.O. Box 2829, Kenai, AK 99611 …………………………………………….1
6. PUBLIC HEARINGS - None
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
a. Discussion and Recommendation – Application for Renewal of Lease Land within the
Airport Reserve submitted by Schilling Rentals LLC, for the property described as Lot
9A, FBO Subdivision No. 9, located at 433 N. Willow Street, Kenai, Alaska 99611 …….13
9. PENDING ITEMS – None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 10, 2019 - 7:00 P.M.
Page 2 of 2
10. REPORTS
a. City Council ……………………………………………………………………………….…..20
b. Borough Planning .........................................................................................................25
c. Administration ...............................................................................................................31
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS
a. Planning and Zoning Resolutions – First Quarter 2019 ............................................... 33
b. Building Permits – First Quarter 2019 ......................................................................... 34
c. Code Enforcement – First Quarter 2019 ...................................................................... 35
d. Information on Ordinance 3061-2019 – Amending Kenai Municipal Code 14.20.320 –
Definitions, 14.20.330 – Standard for Commercial Marijuana Establishments and
14.22.010 – Land Use Table, to Incorporate Onsite Consumption of Marijuana at Retail
Marijuana Establishments ........................................................................................... 37
13. NEXT MEETING ATTENDANCE NOTIFICATION - April 24, 2019
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
67$))5(3257
7R 3ODQQLQJ =RQLQJ&RPPLVVLRQ
)URP (OL]DEHWK$SSOHE\&LW\3ODQQHU
'DWH 0DUFK
6XEMHFW 5HVROXWLRQ3= ±3UHOLPLQDU\6XEGLYLVLRQ3ODW±,QOHW:RRGV6XEGLYLVLRQ
5HSODW
$SSOLFDQW +DOO%XLOGLQJ//&
32%R[
.HQDL$.
6XEPLWWHG%\ 0F/DQH&RQVXOWLQJ,QFRUSRUDWHG
32%R[
6ROGRWQD$ODVND
5HTXHVWHG$FWLRQ 3UHOLPLQDU\6XEGLYLVLRQ3ODW±,QOHW:RRGV 5HSODW
/HJDO'HVFULSWLRQ /RW%ORFN,QOHW:RRGV6XEGLYLVLRQ3DUW
/RW%ORFN,QOHW:RRGV6XEGLYLVLRQ3DUW
3URSHUW\$GGUHVV &KDQQHO:D\
&KDQQHO:D\
.3%3DUFHO1R
/RW6L]H VTXDUHIHHW DFUHV
VTXDUHIHHW DFUHV
([LVWLQJ=RQLQJ 6XEXUEDQ5HVLGHQWLDO 56
&XUUHQW/DQG8VH 9DFDQW/RWV
/DQG8VH3ODQ 6XEXUEDQ5HVLGHQWLDO
Page 1 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
3= 6WDII5HSRUW3DJH
*(1(5$/,1)250$7,21
+DOO%XLOGLQJ//&RZQV/RWVDQG%ORFN,QOHW:RRGV6XEGLYLVLRQ3DUW2QHDQGKDV
VXEPLWWHGDSODWZKLFKZRXOGYDFDWHWKHSURSHUW\OLQHVEHWZHHQWKHWZRORWVWRFUHDWHRQHODUJHU
ORW+DOO%XLOGLQJ//&KDVLQGLFDWHGWKDWEHFDXVHRIWKHVL]HDQGFRQILJXUDWLRQRIWKHWZRH[LVWLQJ
ORWVLWZRXOGEHEHWWHUWRFRQVWUXFWRQHUHVLGHQFHRQWKHODUJHUORWLQVWHDGRIWZRUHVLGHQFHVRQ
WKHH[LVWLQJVPDOOHUORWV
$SSOLFDWLRQ3XEOLF1RWLFH3XEOLF&RPPHQW
KMC 14.10.010 GeneralXQGHUChapter 14.10 Subdivision RegulationsVWDWHVSUHOLPLQDU\SODWVRU
UHSODWVPXVWILUVWEHVXEPLWWHGWRWKH&LW\IRUUHYLHZSULRUWRWKHVXEPLWWDORIWKHSODWWRWKH.HQDL
3HQLQVXOD%RURXJK3ODQQLQJ'HSDUWPHQW.HQDL0XQLFLSDO&RGH KMC) 14.10.060 GHVFULEHVWKH
SURFHVVLQPRUHGHWDLO7KHSODWZLOOEHUHYLHZHGILUVWE\WKH&LW\RI.HQDL3ODQQLQJDQG=RQLQJ
&RPPLVVLRQ DQG WKHQ E\ WKH .HQDL 3HQLQVXOD %RURXJK¶V 3ODW &RPPLWWHH DQG 3ODQQLQJ
&RPPLVVLRQ
7KH SURSHUW\ RZQHUV FRPSOHWHG WKH &LW\ RI .HQDL SUHOLPLQDU\ SODW VXEPLWWDO IRUP &LW\ VWDII
GHHPHGWKHDSSOLFDWLRQWREHFRPSOHWH7KH&LW\RI.HQDLIROORZV Kenai Peninsula Borough Code
20.25.070 DQG20.25.080 IRUSUHOLPLQDU\SODWVXEPLWWDOUHTXLUHPHQWV
&LW\VWDIISXEOLVKHGQRWLFHRIWKHFRQVLGHUDWLRQRIWKHSODWLQWKHPeninsula Clarion.1RSXEOLF
FRPPHQWVKDYHEHHQUHFHLYHGDVRI$SULO
$1$/<6,6
7KHSDUFHOVDUHZLWKLQWKH6XEXUEDQ5HVLGHQWLDO 56 =RQHRIWKH&LW\RI.HQDL3XUVXDQWWRKMC
14.24.010 Minimum lot area requirementsWKHPLQLPXPORWVL]HIRUDVLQJOHIDPLO\GZHOOLQJLV
VTXDUH IHHW 7KH SURSRVHG /RW $ %ORFN ,QOHW :RRGV 5HSODW ZRXOG EH
DSSUR[LPDWHO\ DFUHV VTXDUHIHHW DQGPHHWVWKHPLQLPXPORWVL]HUHTXLUHPHQWV7KH
SURSRVHGORWDOVRPHHWVWKHPLQLPXPORWZLGWKRIVL[W\ IHHWDVVSHFLILHGE\KMC 14.24.020
General requirements
&KDQQHO:D\DQG%DFNZRRGV$YHQXHSURYLGHDFFHVVWRWKHSURSRVHGORW&KDQQHO:D\DQG
%DFNZRRGV$YHQXHDUHSDYHGDQG&LW\PDLQWDLQHGVWUHHWV7KHULJKWVRIZD\IRU&KDQQHO:D\
DQG%DFNZRRGV$YHQXHDUHVL[W\IHHW ¶ LQZLGWKZKLFKPHHWVWKHPLQLPXPZLGWKRIVL[W\IHHW
¶ SXUVXDQWWRKMC 14.10.070(b)(2) Subdivision design standards, Street and Alley Width7KH
SURSRVHG SODW GRHV QRW GHGLFDWH DQ\ DGGLWLRQDO ULJKWVRIZD\ 6WUHHW QDPHV DUH GHQRWHG
DFFXUDWHO\RQWKHSUHOLPLQDU\SODW
&LW\RI.HQDLZDWHUDQGVHZHUOLQHVDUHZLWKLQWKHULJKWRIZD\IRU&KDQQHO:D\7KHSURSHUW\
RZQHUZLOOEHUHTXLUHGWRFRQQHFWWR&LW\ZDWHUDQGVHZHUVHUYLFHVEHFDXVHH[LVWLQJSXEOLFZDWHU
DQGVHZHUPDLQVDUHZLWKLQIHHWRIWKHSURSHUW\SXUVXDQWWRKMC 17.10 Connection to Public
Water SystemDQGKMC 17.20 Connection to Public Sewer System
7KHHDVHPHQWIRUXWLOLWLHVLVDORQJWKHIURQWWHQIHHW ¶ RIWKHSURSHUW\OLQHIURQWLQJ&KDQQHO
:D\$QLQVWDOODWLRQDJUHHPHQWLVQRWUHTXLUHG
%DVHGXSRQWKHVXEPLWWHGPDWHULDOVDQGWKLVUHYLHZWKHSUHOLPLQDU\SODWPHHWVUHTXLUHPHQWVRI
KMC Subdivision design standardsDQGKMC 14.10.080 Minimum improvements required XQGHU
Page 2 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
3= 6WDII5HSRUW3DJH
Chapter 14.10 Subdivision Regulations&LW\VWDIIUHFRPPHQGVDFRQGLWLRQRIDSSURYDOIRUWKH
SURSHUW\WRFRQIRUPWRDOOIHGHUDO6WDWHRI$ODVNDDQGORFDOUHJXODWLRQV
5(&200(1'$7,216
&LW\VWDIIUHFRPPHQGVDSSURYDORIWKHSUHOLPLQDU\SODWRI,QOHW:RRGV 5HSODWVXEMHFWWRWKH
IROORZLQJFRQGLWLRQ
D )XUWKHUGHYHORSPHQWRIWKHSURSHUW\VKDOOFRQIRUPWRDOOIHGHUDO6WDWHRI$ODVNDDQGORFDO
UHJXODWLRQV
$77$&+0(176
5HVROXWLRQ1R3=
$SSOLFDWLRQ
3UHOLPLQDU\3ODW
0DS
Page 3 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
_____________________________________________________________________________________
&,7<2).(1$,
3/$11,1*$1'=21,1*&200,66,21
5(62/87,2112
$5(62/87,212)7+(3/$11,1*$1'=21,1*&200,66,212)7+(&,7<2)
.(1$,5(&200(1',1*7+$7,1/(7:22'6 5(3/$7$77$&+('+(5(72
$6(;+,%,7³$´%($33529('68%-(&7727+(&21',7,216287/,1('%(/2:
:+(5($6WKH&LW\RI.HQDLUHFHLYHGWKHSODWDWWDFKHGDV([KLELW$IURP0F/DQH&RQVXOWLQJ
,QFRUSRUDWHG DQG
:+(5($6WKHSODWPHHWV&LW\&RGHUHTXLUHPHQWVRIWKH6XEXUEDQ5HVLGHQWLDO=RQH DQG
:+(5($6WKHSODWDFFXUDWHO\UHSUHVHQWVVWUHHWQDPHVDQGVXUURXQGLQJSURSHUWLHV DQG
:+(5($6WKHSODWZLOOQRWFKDQJHWKHH[LVWLQJDFFHVVWRWKHSURSHUWLHV DQG
:+(5($6&KDQQHO:D\DQG%DFNZRRGV$YHQXHZKLFKDUHSDYHGDQG&LW\PDLQWDLQHGURDGV
SURYLGHDFFHVVWRWKHSURSHUW\ DQG
:+(5($6WKHSODWDFFXUDWHO\VKRZVXWLOLW\HDVHPHQWV DQG
:+(5($6&LW\ZDWHUDQGVHZHUOLQHVDUHORFDWHGZLWKLQWKHULJKWRIZD\IRU&KDQQHO:D\DQG
WKHSURSHUW\RZQHUZLOOEHUHTXLUHGWRFRQQHFWWR&LW\ZDWHUDQGVHZHUVHUYLFHV DQG
:+(5($6DQLQVWDOODWLRQDJUHHPHQWLVQRWUHTXLUHG
12:7+(5()25(%(,75(&200(1'('%<7+(3/$11,1*$1'=21,1*&200,66,21
2)7+(&,7<2).(1$,$/$6.$
6HFWLRQ7KDWWKH,QOHW:RRGV 5HSODWDWWDFKHGDV([KLELW³$´EHDSSURYHGEDVHGRQWKH
IROORZLQJILQGLQJV
D 3XUVXDQW WR .HQDL 0XQLFLSDO &RGH 6XEGLYLVLRQ GHVLJQ VWDQGDUGV WKH SODW
FRQIRUPVWRWKHPLQLPXPVWUHHWZLGWKVDQHDVHPHQWLVVXIILFLHQWO\SURYLGHGIRUXWLOLWLHV
WKHSURSRVHGORWZRXOGEHDUUDQJHGWRSURYLGHVDWLVIDFWRU\DQGGHVLUDEOHEXLOGLQJVLWHV
DQGWKHSURSRVHGORWPHHWVVWDQGDUGVIRUFRQQHFWLRQWR&LW\ZDWHUDQGVHZHUOLQHV
E 3XUVXDQWWR.HQDL0XQLFLSDO&RGH0LQLPXPLPSURYHPHQWVUHTXLUHGWKHUHLV
DGHTXDWHDFFHVVDQGIDFLOLWLHVDYDLODEOHWRWKHSURSRVHGSDUFHO$QLQVWDOODWLRQDJUHHPHQW
LVQRWUHTXLUHG
F 3XUVXDQWWR.HQDL0XQLFLSDO&RGH0LQLPXPORWDUHDUHTXLUHPHQWVWKHORWV
PHHW&LW\VWDQGDUGVIRUPLQLPXPORWVL]HV
Page 5 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
5HVROXWLRQ1R3=
3DJHRI
G 3XUVXDQWWR.HQDL0XQLFLSDO&RGH*HQHUDO5HTXLUHPHQWVWKHORWVPHHW&LW\
VWDQGDUGVIRUPLQLPXPORWZLGWKPD[LPXPORWFRYHUDJHPD[LPXPKHLJKWDQGVHWEDFNV
6HFWLRQ7KDWWKHDSSURYDOEHVXEMHFWWRWKHIROORZLQJFRQGLWLRQ
D )XUWKHUGHYHORSPHQWRIWKHSURSHUW\VKDOOFRQIRUPWRDOOIHGHUDO6WDWHRI$ODVNDDQGORFDO
UHJXODWLRQV
3$66('%<7+(3/$11,1*$1'=21,1*&200,66,212)7+(&,7<2).(1$,$/$6.$
WKLVWKGD\RI$SULO
-())7:$,7&+$,53(5621
$77(67
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
-$0,(+(,1=&,7<&/(5.
Page 6 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 7 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
INLET WOODS SUBD. PART ONE6
51
24
6A
8
26
5
30
5
29
31
34
33
32
10
4
21 22
1
19 20
8
12
6
9 7
23
32
3
4
3 4
2
25
9
13
10
11
11
35
28
27
(11)
(9)
(12)1406131114031510140415201530 13091505 130713171535 13151525
14021500
1600 1560 1550 1540 1520 15101530
1515
140814051310131314001305130415351560154513031302157015551512156515021502
1515
140013051505 130714021500
1600 1560 1550 1540 1520 15101530
13171535 13151525 1515
1408140513101313140613111403140415201530 13091304153515601545130313021570155515651300BACKWOOD AVE
HEDLEY DRMEANDER LNCHANNEL WAY1406131114031510140415201530 13091505 130713171535 13151525
14021500
1600 1560 1550 1540 1520 15101530
1515
140814051310131314001305130415351560154513031302157015551512156515021502
1515
140013051505 130714021500
1600 1560 1550 1540 1520 15101530
13171535 13151525 1515
1408140513101313140613111403140415201530 13091304153515601545130313021570155515651300.
100 '
Date: 3/26/2019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 104 feet
Lots 27 & 28, Block 12Inlet Woods Part One
Page 8 of 138 April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 9 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 10 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
0(025$1'80
72 3ODQQLQJDQG=RQLQJ&RPPLVVLRQ
7+528*+ 3DXO2VWUDQGHU&LW\0DQDJHU
&F 0DU\%RQGXUDQW$LUSRUW0DQDJHU
)520 (OL]DEHWK$SSOHE\&LW\3ODQQHU
'$7( $SULO
68%-(&7 'LVFXVVLRQ DQG 5HFRPPHQGDWLRQ ± $SSOLFDWLRQ IRU 5HQHZDO RI /HDVH
/DQGZLWKLQWKH$LUSRUW5HVHUYHVXEPLWWHGE\6FKLOOLQJ5HQWDOV//&IRUWKH
SURSHUW\GHVFULEHGDV/RW $)%26XEGLYLVLRQ1R ORFDWHGDW1
:LOORZ6WUHHW.HQDL$ODVND
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
6FKLOOLQJ5HQWDOV//& 6FKLOOLQJ5HQWDOV VXEPLWWHGDQDSSOLFDWLRQWRWKH&LW\IRUDUHQHZDORIWKH
OHDVHVHWWRH[SLUHRQ0D\ RQ/RW $)%26XEGLYLVLRQ7KHDSSOLFDWLRQUHTXHVWVDWHUP
RI\HDUVKRZHYHUDIWHUFRQILUPLQJWKHLQYHVWPHQWDPRXQWRIDJDLQVWWKHWHUPWDEOH
LQ.HQDL0XQLFLSDO&RGH .0& WKH&LW\DQGWKHDSSOLFDQWDUHLQDJUHHPHQWWRDWHUP
RI\HDUV
6FKLOOLQJ5HQWDOVDOVROHDVHVWKHDGMDFHQWSURSHUW\RQ/RW$WKDWKDVDJUHHQFRORUHGKDQJDU
/RW $ZRXOGVXSSRUWWKHKDQJDURSHUDWLRQVRIWKHDGMDFHQWSDUFHO7KHRULJLQDOOHDVHDSSOLFDWLRQ
QRWHVWKHSDUFHOXVHVZLOOLQYROYHVXSSO\LQJSDUNLQJIRUDLUFUDIWSURYLGLQJIRUDFFHVVRIVHUYLFH
YHKLFOHVDQGWKHWUDQVSRUWRIDLUFUDIWWRWKHDGMDFHQWKDQJDUORFDWHGRQ/RW$6FKLOOLQJ5HQWDOV
LQFOXGHGSKRWRVLQWKHLUDSSOLFDWLRQWRGHPRQVWUDWHLPSURYHPHQWV JUDYHODQGVLWHSUHSDUDWLRQ
ZRUN WKDWKDYHEHHQGRQHGXULQJWKHILYH\HDUVRIWKHLUFXUUHQWOHDVH
7KHSDUFHOVDUHZLWKLQWKH$LUSRUW/LJKW,QGXVWULDO $/, =RQHSHU.HQDL0XQLFLSDO&RGH .0&
7KHLQWHQWRIWKH$/,=RQHLVWRSURWHFWWKHYLDELOLW\RIWKH.HQDL0XQLFLSDO$LUSRUWDVD
VLJQLILFDQWUHVRXUFHWRWKHFRPPXQLW\E\HQFRXUDJLQJFRPSDWLEOHODQGXVHVDQGUHGXFLQJKD]DUGV
WKDWPD\HQGDQJHUWKHOLYHVDQGSURSHUW\RIWKHSXEOLFDQGDYLDWLRQXVHUV7KHSURSRVHGXVHE\
6FKLOOLQJ5HQWDOVLVDSHUPLWWHGXVHLQWKH$/,=RQHDQGLVDFRPSDWLEOHODQGXVH
Page 11 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
3DJHRI
6FKLOOLQJ5HQWDOV//&/HDVH5HQHZDO
7KH,PDJLQH.HQDL&RPSUHKHQVLYH3ODQRXWOLQHVJRDOVREMHFWLYHVDQGDFWLRQLWHPVIRUWKH
&LW\LQFOXGLQJWKLVRQHSHUWDLQLQJWRWKH.HQDL0XQLFLSDO$LUSRUW
x 2EMHFWLYH7 Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport’s primary mission, “To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet.”
7KHSURSRVHGXVHE\6FKLOOLQJ5HQWDOVFRPSOLHVZLWKWKH,PDJLQH.HQDL&RPSUHKHQVLYH
3ODQLQWKDWLWVXSSRUWVGHYHORSPHQWRQOHDVHORWVDQGWKHGHYHORSPHQWLVLQDOLJQPHQWZLWKWKH
.HQDL0XQLFLSDO$LUSRUW¶VPDUNHWLQJVWUDWHJ\
7KH$LUSRUW/DQG8VH3ODQZDVGHYHORSHGWRLGHQWLI\WKHKLJKHVWDQGEHVWXVHVRI.HQDL0XQLFLSDO
$LUSRUWODQG7KH$LUSRUW/DQG8VH3ODQGLVFXVVHVOHDVLQJODQGDQGHQKDQFLQJRSSRUWXQLWLHVIRU
ORFDOHFRQRPLFGHYHORSPHQW7KHSURSRVHGXVHE\6FKLOOLQJ5HQWDOVFRPSOLHVZLWKWKH$LUSRUW
/DQG8VH3ODQ
'RHVWKH3ODQQLQJDQG=RQLQJ&RPPLVVLRQUHFRPPHQGWKHH[HFXWLRQRIDOHDVHUHQHZDO
EHWZHHQWKH&LW\RI.HQDLDQG6FKLOOLQJ5HQWDOV//&IRU/RW $)%2VXEGLYLVLRQ"
7KDQN\RXIRU\RXUFRQVLGHUDWLRQ
Page 12 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 13 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 14 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 15 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 16 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
TI
O
N
FB
O
N
O
.
6GLM 2ND
ADDN
.FBO SOUTH ADDITION NOFBO NO. 5FB
O
S
U
B
D
.FED EXADDNNO. 92127A-1469A57A13A-111A3A1(2)41
3
4
1
3
50
0
51
0500FA
A
T
o
w
e
r
50
544147
0
43
3
42
7
42
1
500FA
A
T
o
w
e
r
50
5
47
0
43
3
42
1
AR
F
51
42
0
AR
F
5150
0
51
0441
1
N
O
R
T
H
W
I
L
L
O
W
S
TGEEBEE AVE.130 'Date: 4/1/2019The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 104 feetLot 9AFBO Subdivision No. 9(Kenai Peninsula Borough Parcel Number 04336047)433 North Willow Street
Page 17 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 18 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Kenai City Council Meeting Page 1 of 3
April 3, 2019
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 3, 2019 – 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 casetheitem
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1.Mark Griffin – Kenai Golf Course: Past, Present, and Future.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1.POSTPONED TO 4/17/19.Ordinance No. 3056-2019 - Amending Kenai Municipal
Code 14.22.010-Land Use Table, to Allow Business/Consumer Services and
Taxidermy/Gunsmithing in RR1 Zoning District by Conditional Use Permit and
Removing the Location Restriction on Professional Offices Allowed by Conditional Use
Permit Within the RR1 Zone. (Council Members Peterkin & Glendening)
2.ENACTED UNANIMOUSLY.Ordinance No. 3057-2019 – Accepting and
Appropriating a Grant from the State of Alaska Department of Public Safety for Crime
Prevention and Response and Equipment for the Purchase of Portable Radios and
Accessories for the Police Department, and to Purchase Supplies in Supportofthe
D.A.R.E Programs Conducted by the Police Department in Local Elementary Schools.
(Administration)
3.ENACTED UNANIMOUSLY.Ordinance No. 3058-2019 – Amending Provisions in
Kenai Municipal Code Title 7 – Finance, Taxation, and Business Affairs of the City,
including Investment of Monies – Scope and Objectives 7.22.010; Land Sale
Permanent Funds – General Fund Land Sale Permanent Fund 7.30.005; Investments
7.30.020; Investments 7.30.020; Investments 7.30.020; and Investments 7.30.020 for
Page 19 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Kenai City Council Meeting Page 2 of 3
April 3, 2019
Updates to Management Practices for the City’s General Land Sale and Airport Land
Sale Permanent Funds. (Administration)
4.ADOPTED UNANIMOUSLY.Resolution No. 2019-19 – Supporting the Kenai
Peninsula College. (Vice-Mayor Navarre)
5.ADOPTED UNANIMOUSLY.Resolution No. 2019-20 – Supporting the Continued
Operation of Sentenced Facilities at Wildwood Correctional Complex. (Mayor Gabriel
& Council Member Peterkin)
6.ADOPTED UNANIMOUSLY.Resolution No. 2019-21 – Authorizing the Award of a
Construction Agreement for the Waste Water Treatment Plant Blowers Replacement
/ DO Analyzer Installation Project. (Administration)
7.ADOPTED UNANIMOUSLY.Resolution No. 2019-22 – Authorizing the City Manager
to Enter into an Amended Bar and Lounge Concession Agreement with the Kenai
Municipal Airport. (Administration)
E. MINUTES
1.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of March 20, 2019
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Bills to be Ratified.
(Administration)
2.INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/17/19.
*Ordinance No. 3059-2019 – Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue and Airport Improvements Capital Project Funds and
Authorizing a Professional Services Agreement for the Design of the Alaska Regional
Fire Training Facility Rehabilitation Project. (Administration)
3.INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/17/19.
*Ordinance No. 3060-2019 – Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund and Authorizing an Increase to the
Construction Purchase Order to Blazy Construction, Inc. (Administration)
4.INTRODUCED/ REFERRED TO THE PLANNING & ZONING COMMISSION FOR A
RECOMMENDATION/PUBLIC HEARING SET FOR 5/1/19.*Ordinance No. 3061-
2019 – Amending Kenai Municipal Code 14.20.320 - Definitions, 14.20.330 - Standard
for Commercial Marijuana Establishments and 14.22.010 - Land Use Table, to
Incorporate Onsite Consumption of Marijuana at Retail Marijuana Establishments into
the City Of Kenai’s Code of Ordinances. (Administration)
5.$300 DONATION GRANTED.Action/Approval – Donation Request for the Kenai
River Festival. (Mayor Gabriel)
Page 20 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Kenai City Council Meeting Page 3 of 3
April 3, 2019
6.SPECIAL MEETING SET FOR 4/23/19 AT 4:30 P.M.Discussion – Schedule Special
Meetings to Conduct Annual Performance Evaluations for the City Attorney, City Clerk,
and City Manager. (Mayor Gabriel)
7.WORK SESSION SET FOR 4/18/19 AT 2:00 P.M.Discussion –ScheduleaWork
Session to Review and Discuss the Fiscal Year 2020 City of Kenai Budget. (Mayor
Gabriel)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
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
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Notice of Revised Schedule for Environmental Review of the Alaska LNG Project
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 21 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 22 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Max J. Best, Planning Director • Charlie Pierce, Borough Mayor
Blair Martin, Chairman – Kalifornsky Beach • Robert Ruffner, Vice Chairman – Kasilof/Clam Gulch
Dr. Rick Foster, Parliamentarian – Southwest Borough • Syverine Abrahamson-Bentz – Anchor Point/Ninilchik
Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward
Robert F. Ernst – Northwest Borough • Diane Fikes – City of Kenai • Virginia Morgan – East Peninsula
Franco Venuti – City of Homer • Paul Whitney – City of Soldotna
Planning Commission Tentative Agenda
April 8, 2019
7:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-
controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of
consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the
consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise
the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment.
*1. Time Extension Request - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval - None
*4. Plats Granted Final Approval (20.10.070) - None
*5. Plat Amendment Request
a. Crestview Estates Subdivision Amended
KPB File 2004-146A1 [Imhoff / Switzer]
Recording No. HM 2005-33
Location: on Kia Lane and Cozy Cove Drive, off Skyline Drive, City of Homer
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Syverine Abrahamson-Bentz, Anchor Point / Ninilchik
b. Vacant, Ridgeway
Page 23 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Planning Commission Tentative Agenda April 8, 2019
Page 2
*8. Minutes
a. March 25, 2019 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacate a public easement in the City of Homer. Location and request: Vacate the 30'
wide public access easement adjoining the north boundary of Tract A, A.A. Mattox 1958
Addition, Plat HM 3746, as granted on the public access easement recorded at Serial
Number 2018-003011-0, Homer Recording District. The public access easement being
vacated is unconstructed and located within the NW 1/4 SE 1/4 SE1/4 of Section 17,
Township 6 South, Range 13 West, Seward Meridian, City of Homer, Kenai Peninsula
Borough, Alaska. KPB File 2019-026V. Purpose as stated in petition: The easement is no
longer necessary because Lot 8 and Tract A are being replatted into one lot. Petitioner:
Echo Trading Company LLC of Homer, AK.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 9 preliminary plat.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
Page 24 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Planning Commission Tentative Agenda April 8, 2019
Page 3
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Hearing Officer’s Decision and Order in the matter of Kenai Peninsula Borough Planning
Commission’s Decision to Uphold the Plat Committee’s July 16, 2018 Conditional Approval of
Sunville Acres Addition No. 2 Preliminary Plat (KPB File No. 2018-063)
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, April 22, 2019 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location,
and time with the advisory planning commission chairperson. Chairperson contact information is on each
advisory planning commission website, which is linked to the Planning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Chamber of Commerce April 3, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall April 3, 2019 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
Page 25 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax
Office of the Borough Clerk
Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building
Paulette Bokenko-Carluccio – City of Seldovia • Jeremy Brantley – Sterling
Cindy Ecklund – City of Seward • Franco Venuti – City of Homer • Paul Whitney – City of Soldotna
Alternates: Diane Fikes – City of Kenai
Plat Committee Tentative Agenda
April 8, 2019
6:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. March 25, 2019 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Troy’s Camp
KPB 2019-022 [Seabright Surveying / Sorensen]
Location: on Mona Road and Dave Road, Fox River
Kachemak Bay APC
2. Oscar Munson No. 25
KPB 2019-025 [Geovera, LLC / Bell-Kelsey Revocable Trust, Raven Trust]
Location: on Ocean Drive Loop, off Lake Street, City of Homer
3. Homer Highlands
KPB File 2019-028 [Ability Surveys / Fordham]
Location: approximately 3 miles west of Basargin Road, Remote
Kachemak Bay APC
4. Anglers Acres Subdivision Shuey Addition
KPB File 2018-137 [McLane Consulting Group / Shuey]
Location: on Angler Drive, City of Kenai
Page 26 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Plat Committee Tentative Agenda April 8, 2019
Page 2
5. Arnold Cohoe Beach Subdivision
KPB File 2019-023 [McLane Consulting Group / Robert J. Arnold Living Trust]
Location: on Cohoe Loop Road and Queque Avenue, Cohoe
6. Longmere Estates Subdivision Part 1 Schreiber Replat
KPB File 2019-017 [Segesser Surveys / Schreiber]
Location: on Lakeshore Drive, off the Sterling Highway, Sterling
7. Ravenwood Subdivision 2019 Replat
KPB File 2019-027 [Segesser Surveys / Kenai Peninsula Borough]
Location: on Pintail Avenue, Kalifornsky
8. Butler – Church Subdivision Galley Addition #2
KPB File 2019-021 [Johnson Surveying / Galley Living Trust]
Location: on Funny River Road and Lake Street, Funny River
Funny River APC
9. Lindow Subdivision #2
KPB File 2019-024 [Johnson Surveying / Lindow]
Location: on East Lake Avenue, Ridgeway
F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, April 22, 2019 in the Betty J. Glick
Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building,
144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2215 Fax: 907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: planning@kpb.us
web site: http://www.kpb.us/planning-dept/planning-home
Page 27 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 28 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
0(025$1'80
72 &LW\RI.HQDL3ODQQLQJDQG=RQLQJ&RPPLVVLRQ
)520 (OL]DEHWK$SSOHE\&LW\3ODQQHU
'$7( $SULO
68%-(&7 1HZ&LW\RI.HQDL:HEVLWH
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
7KH&LW\RI.HQDLKDVDQHZZHEVLWH7KHZHEDGGUHVVLV ZZZNHQDLFLW\
, ZLOO FOLFN WKURXJK SDJHV UHOHYDQW WR WKH 3ODQQLQJ DQG =RQLQJ &RPPLVVLRQ DV SDUW RI P\
$GPLQLVWUDWLYH 5HSRUW LQFOXGLQJ OLQNV WR &LW\ PDSV WKH 3ODQQLQJ DQG =RQLQJ &RPPLVVLRQ
ZHESDJHDQGWKH3ODQQLQJDQG=RQLQJ'HSDUWPHQWZHESDJH
Page 29 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 30 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 31 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 32 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 33 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 34 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3061-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.320- DEFINITIONS, 14.20.330- STANDARD FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS AND 14.22.010- LAND USE TABLE, TO INCORPORATE
ONSITE CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA ESTABLISHMENTS INTO
THE CITY OF KENAI’S CODE OF ORDINANCES.
WHEREAS, on November 4, 2014, the Alaskan voters passed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of Marijuana; and,
WHEREAS, on January 20, 2016 the City of Kenai enacted regulations governing commercial
marijuana establishments in the City; and,
WHEREAS, on March 12, 2019 Lieutenant Governor Kevin Meyer signed into law new regulations
from the Marijuana Control Board allowing retail marijuana stores to allow onsite consumption of
marijuana under certain conditions; and,
WHEREAS, in order to enforce City regulations applicable to onsite consumption of marijuana at
retail marijuana stores the City must amend its code related to commercial marijuana
establishments and land use table; and,
WHEREAS, the amendments in this Ordinance will require retail marijuana store owners to obtain
a conditional use permit from the City as well as obtain a state endorsement prior to allowing
onsite consumption of marijuana.
Section 1.Amendment of Section 14.20.320 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a)General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
57
Page 35 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 2 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed
to include the words “intended,” “arranged” or “designed to be used or occupied.”
(b) Specific Definitions.
“Accessory 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 and which is located on the same lot as the main building or use, except as
allowed by a conditional use permit. An accessory building shall be considered to be a part
of the 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 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 Official”means the person charged with the administration and
enforcement of this chapter.
“Agricultural 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, 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, and other uses
approved by the Ordinance of the City of Kenai, and the Federal Aviation Administration’s
regulations, and compatible with the current Airport Master Plan, the Airport Layout Plan and
the Comprehensive Plan.
“Alley”means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
58
Page 36 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 3 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Alteration”means any change, addition, or modification in construction, location, or use
classification.
“Animal Boarding”means any building or structure and associated premises in which
animals are fed, housed, and/or exercised for commercial gain.
“Apartment House,”see “Dwelling, multiple-family.”
“Area, 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 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 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, trailers, or recreation
vehicles and including any warranty repair work and other repair service conducted as an
accessory use.
“Automobile Service 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 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 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.
59
Page 37 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 4 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Bed and 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 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, 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 Height”means the vertical distance from the “grade,” as defined herein, to the
highest point of the roof.
“Building, Principal or Main”means a building or structure in which is conducted the
principal or main use on the lot which said building is situated.
“Business/Consumer 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 leasing;
commercial research; development and testing; photo finishing; and personal supply
services.
“Cabin 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.
60
Page 38 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 5 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“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 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 Kennel”has the same meaning given in KMC 3.05.010.
“Commercial Marijuana Establishment”means any Retail Marijuana Store, Marijuana
Cultivation Facility, Marijuana Product Manufacturing Facility, and Marijuana Testing Facility.
“Commercial 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 Antenna”has the same meaning given in KMC 14.20.255.
“Communication Tower”has the same meaning given in KMC 14.20.255.
“Conditional 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;
61
Page 39 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 6 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(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/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 Care Center”means an establishment where child care is regularly provided f or
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, One-Family”means any detached building containing only one (1) dwelling unit.
“Dwelling, Two-Family”means any building containing only two (2) dwelling units.
“Dwelling, Multiple-Family”means any building containing three (3) or more dwelling units.
“Dwelling 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 School”means any school usually consisting of grades pre-kindergarten
through grade 6 or any combination of grades within this range.
62
Page 40 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 7 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Essential 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.
“Farming”means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, Height”means the vertical distance between the ground directly under the fence
and the highest point of the fence.
“Floor Area”means the total of each floor of a building within the surrounding outer walls
but excluding vent shafts and courts.
“Fraternal 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, 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, 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 Manufacturer/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 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.
63
Page 41 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 8 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Grade (Ground 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 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 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 School”means a secondary school usually consisting of grades 9 through 12 or any
appropriate combination of grades within this range.
“Home Occupation”means an accessory use 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.
“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.
“Licensed Premises For Commercial Marijuana Establishment”means any and all
designated portions of a building or structure, or rooms or enclosures in the building or
structure, at the specific address for which a Commercial Marijuana Establishment license is
issued, and used, controlled, or operated by the Commercial Marijuana Establishment to
carry out the business for which it licensed.
64
Page 42 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 9 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Loading 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, 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 Coverage”means that portion of the lot covered by buildings or structures that require
a building permit.
“Lot Depth”means the horizontal distance separating the front and rear lot lines of a lot and
at right angles to its width.
“Lot Line, Front-Corner Lot”means the shortest street line of a corner lot.
“Lot Line, Front-Interior Lot”means a line separating the lot from the street.
“Lot Line, 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 Line, Side”means any lot boundary line not a front lot line or a rear lot line.
“Lot Width”means the mean horizontal distance separating the side lot lines of a lot and at
right angles to its depth.
“Manufactured 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.
“Manufacturing/Fabricating/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.
65
Page 43 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 10 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Marijuana”means all parts of the plant of the genus Cannabis, whether growing or not; the
seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. The term does not include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable
of germination, or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other products.
“Marijuana Concentrate”means resin, oil, wax, or any other substance derived from the
marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-bearing
resins of the plant.
“Marijuana Cultivation Facility”means any entity with a state license registered to cultivate,
prepare, and package marijuana and to sell marijuana to Marijuana Retail Facilities,
Marijuana Products Manufacturing Facilities, Marijuana Testing Facilities, but not to
consumers.
“Marijuana Cultivation Facility, Standard”means an entity registered to cultivate in an
area greater than 500 square feet under cultivation, prepare, and package marijuana and to
sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to
other marijuana cultivation facilities, but not to consumers.
“Marijuana Cultivation Facility, Limited”means an entity registered to cultivate in an area
of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana
to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
“Marijuana Products”means concentrated marijuana and marijuana products that are
comprised of Marijuana and other ingredients and are intended for use or consumption, such
as, but not limited to edible products, ointments, and tinctures.
“Marijuana Product Manufacturing Facility”means a state licensed fully enclosed secure
indoor facility registered to purchase marijuana, manufacture, prepare and package
marijuana products, and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana Testing Facility”means a state licensed commercial marijuana testing facility
that is registered to analyze and certify the safety and potency of Marijuana and Marijuana
Products.
66
Page 44 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 11 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Mini-Storage 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 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 Home 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 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 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.
67
Page 45 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 12 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Nonconforming 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 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 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, Convalescent or Rest 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.
“Onsite Consumption Endorsement” means the state regulated consumption of certain
marijuana products at or adjacent to a retail marijuana store by patrons of the commercial
marijuana establishment.
“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, Public Lots”means a parking area available to the public, whether or not a fee
for use is charged.
“Parking Space, 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 Space, 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 Services”mean establishments engaged in providing services involving the care
of a person or his or her apparel.
68
Page 46 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 13 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Planned Unit Residential Development”means an alternative method of development of
a residential neighborhood under more flexible conditions than otherwise required in a
specific zoning district.
“Principal 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 Owner”means the owner shown on the latest tax assessment roll.
“Public”means a place to which the public or a substantial group or persons has access
and includes highway, rivers, lakes, transportation facilities, schools, places of amusement
or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartments
houses and hotels not constituting rooms or apartments designed for actual residence.
“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 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 include, but are not limited
to, travel trailers, camping trailers, truck campers, and motor homes.
“Recreational Vehicle Park”means an area established by a conditional use permit for the
parking of two (2) or more recreational vehicles on a temporary basis.
“Recreation or Youth Center”means a building, structure, athletic playing field, or
playground, run or created by a local government or the state to provide athletic, recreational,
or leisure activities for minors, or operated by a public or private organization, licensed to
provide shelter, training, or guidance for persons under 21 years of age.
“Restaurant”means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
“Retail 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.
69
Page 47 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 14 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Retail Marijuana Store”means a state licensed entity registered to purchase marijuana
from a marijuana cultivation facility, to purchase marijuana and marijuana products from a
marijuana manufacturing facility, and sell marijuana and marijuana products to consumers.
“Secondary 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.
“Square Feet Under Cultivation”means an area of the licensed premises of a standard or
limited cultivation facility that is used for growing marijuana, measured on the perimeter of
the floor or growing space for marijuana “Square Feet Under Cultivation” does not include
hallways, equipment storage areas, or other areas within the licensed premises that are not
used for growing marijuana such as an office, or a processing or storage area.
“State Highway”means a right-of-way classified by the State of Alaska as a primary or
secondary highway.
“Storage 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 Extraction of Natural 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 Extraction of Natural 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.
70
Page 48 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 15 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“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.
“Tree 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 the premises.
“Wholesale 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, 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, Rear”means a yard extending across the full width of the lot between the most rear
main building and the rear lot line.
“Yard, 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 Change”means the alteration or moving of a zone boundary; the reclassifica[-]tion
of a lot, or parcel of land, from one zone to another; and the change of any of the regulations
contained in this chapter.
71
Page 49 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 16 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Zoning Ordinance or Ordinances”mean the zoning ordinance of the City of Kenai and
Kenai Municipal Code Chapter 14.
Section 2.Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana Establishments, is
hereby amended as follows:
14.20.330 Standards for [C]Commercial [M]Marijuana [E]Establishments.
The purpose of this section is to establish general standards for commercial marijuana
establishments.
(a) Commercial marijuana establishments and onsite consumption endorsements may be
permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the
City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section.
(b) Applicants applying for a conditional use permit must include an area map drawn to scale
indicating all land uses on other properties within a five hundred (500) foot proximity of the
lot upon which the applicant is seeking a conditional use permit. This shall be in addition to
the conditional use permit submission requirements in KMC 14.20.150.
(c) A public hearing shall be scheduled before the Planning and Zoning Commission to
review the conditional use permit application once it has been deemed complete. The public
hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except
that notification shall be mailed to all real property owners on record on the Borough
Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the
proposed action.
(d) The preparation, packaging, manufacturing, processing, and storing of all marijuana,
marijuana concentrate or marijuana products must be conducted within a fully enclosed,
secure indoor facility. The growing and cultivating of marijuana must be conducted within a
fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and
doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which
case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet
high.
(e) All commercial marijuana establishments shall not emit an odor that is detectable by the
public from outside the commercial marijuana establishment.
(f) No portion of a parcel upon which any commercial marijuana establishment is located
shall be permitted within the following buffer distances:
72
Page 50 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 17 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five
hundred (500) feet of any vocational programs, post-secondary schools, including but
not limited to trade, technical, or vocational schools, colleges and universities, recreation
or youth centers, correctional facilities, churches, and state licensed substance abuse
treatment facilities providing substance abuse treatment; and
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of the
school, recreation or youth center, or the main public entrance of a church, correctional
facility, or a substance abuse treatment facility providing substance abuse treatment. If
the commercial marijuana establishment occupies only a portion of a structure, buffer
distances are measured as the closest distance from the perimeter of the closest interior
wall segregating the commercial marijuana establishment from other uses, or available
uses in the structure, or an exterior wall if closer, to the outer boundaries of the school,
recreation or youth center, or the main public entrance of a church or correctional facility,
or a substance abuse treatment facility providing substance abuse treatment.
(g) As provided in the Land Use Table, a person or licensee may apply for a conditional use
permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000)
square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot.
(h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall
only be allowed on a lot which has an existing structure consistent with a principal permitted
use.
(i) A marijuana cultivation facility located in an accessory building shall be subject to the
setback provisions in KMC 14.24.020, Development Requirements Table. A person or
licensee seeking relief from the provisions in the Development Requirements Table may
apply for a variance subject to the provisions of KMC 14.20.180.
(j) A conditional use permit for onsite consumption of marijuana and/or certain marijuana
products must be obtained, in addition to a state issued endorsement license, prior to
operation of any onsite consumption in the City. The conditional use permit for onsite
consumption must be separate from and in addition to any conditional use permit for the
operation of a retail marijuana store. An onsite consumption conditional use permit will not
be issued until a condition use permit for a retail marijuana store has been issued for the
dame location.
Section 3.Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.010 – Land Use Table, is hereby amended as follows:
73
Page 51 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 18 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land [U]Use [T]Table.
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 A
LI C R
R
R
R-
1
R
S
R
S-
1
R
S-
2
R
U
C
C
C
G IL IH
E
D R TS
H LC CM
U
RESIDENTIAL
One-Family Dwelling N C
1
8
PPPPPPP2
1
S1 S2 S2 C2
2
PP P S
1/C
21
Two-, Three-Family
Dwelling
NC1
8
PPPPPPP2
1
S1 CCC2
2
PP P S
1/C
21
Four-Family Dwelling N C
1
8
PC3
,29
PNNPP2
1
S1 CCC2
2
NP C S
1/C
21
Five-, Six-Family Dwelling N C
1
8
C3 NPNNPP2
1
S1 CCNNP C S
1/C
21
Seven- or More Family
Dwelling
NC1
8
C3 NC3NNPP2
1
S1 CCNNP C S
1/C
21
Mobile Home Parks6 NNCN CC C CCCCCNCN N C
Planned Unit Residential
Development7
NC1
8
CC2
9
CCCCCCCCNCC C C
Townhouses4 NC1
8
C3 C3
,29
C3 C3 C3 C3 CCCCC2
2
CC C C
Accessory Building on
Parcel Without Main
Building or Use (See KMC
14.20.200)
NNCC CC C CNNNNNNC N N
74
Page 52 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 19 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Automotive Sales CNCN NN N CPPPPNNN N P
Automotive Service
Stations
CNCN NN N CPPPPNCN N P
Banks CNCN CN N CPPPCNCC C P
Business/Consumer
Services
CNCN CN N CPPPCNCC C P
Commercial Recreation NNCN CN N CPPCCNPC C P
Guide Service CNCN CN N CPPPPNPP C P
Hotels/Motels CNCN CN N CPPPCNCP C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited 30
NNCC CC C CNCCCNNN C N
Marijuana Cultivation
Facility, Standard 30
NNNN NN N NNCCCNNN C N
Marijuana Product
Manufacturing Facility 30
NNNN NN N NNCCCNNN N N
Marijuana Testing Facility
30
NNNN NN N NCCPPNNN C C
Professional Offices C N C C
2
9
CNNPPPPPNCP P P
Restaurants CNCN CN N CPPPCNCC C P
Retail Business C N
2
6
CNCNNCPPPPS2
4
S2
4
CC P
Retail Marijuana Store 30 NNNN NN N NNCCCNNN C C
Onsite Consumption
Endorsment31
N N N N N N N N N C C C N N N C C
Theaters NNCN CN N CPPCCNPC C P
Wholesale Business C N C N C N N C C P P P N S
2
4
CC N
75
Page 53 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 20 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
INDUSTRIAL
Airports C P
2
0
CN CN N CCCCCNCN N C
Necessary Aviation
Facilities
PPCC CC C CPPPPCPC P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C
9 NNN CN N NNNC
9
C
9
NNN N N
Manufacturing/Fabricating/
Assembly
PNCN CN N CCPPPNCC N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard CNCN CN N CCPPPNNN N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P
1
0
P10 P1
0
P1
0
P1
0
P1
0
P1
0
P1
0
CCPP1
0
PP P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C
2
9
CCCCPPCCPCC C P
Elementary Schools* N C C C
2
9
CCCCPPCCPCC C P
Governmental Buildings P C C C
2
9
CCCCPPPCPCC P P
High Schools* N C C C
2
9
CCCCPPCCPCC C P
Hospitals* NCCN CC C CPPPCCCC C P
Libraries* N C C C
2
9
CCCC1
2
PPPCPCP C P
Museums C C C C
2
9
CCCCPPPCPCP C P
76
Page 54 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 21 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Parks and Recreation N P C C
2
9
CCCCPPPPPPP C P
MISCELLANEOUS
Animal
Boarding/Commercial
Kennel13
CCCN CC N NCCCCNCN C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
PCCN CC C CP
1
5
P1
5
P1
5
P1
5
P1
5
CP N P
15
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 PCCN CN N NNCCCNCC N N
Communications Towers
and Antenna(s), Radio/TV
Transmitters/Cell Sites** 28
CPCNCCCCPPPPPCC C C
Crematories/Funeral
Homes
NNCN CN N CCCCCNCC C C
Day Care Centers12 NCCC2
9
CCCCPPPCCCC P P
Dormitories/Boarding
Houses
NCCN CC C PP
2
1
SCPP2
3
CC C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
NPPN NNNNNNNPNPN N N
Fraternal Organizations/
Private Clubs/Social Halls
and Union Halls
NNCN CC C CPPPCNCP C P
Greenhouses/Tree
Nurseries13
NCCN CC C CPPPCNCC 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
NNCN CC C CPPCCCCC C P
Parking, Public Lots12 CCCN CC C CCCCCCCC C C
77
Page 55 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 22 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Personal Services25 NCCN CC C CPPPPCCP P/C
27
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
CCCC CC C CCCCCNCN N N
Surface Extraction of
Natural Resources17
CCCN CN N CNCCCNCN N N
*See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
**See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting
on collector streets and major highways. Commercial or industrial which falls under the
landscaping/site plans requirements of KMC Chapter 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;
78
Page 56 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 23 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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.
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 characteristics 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:
79
Page 57 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 24 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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.
19 Reserved.
20 The airport related uses allowed under this entry are aircraft approach and departure
zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport
perimeter fence or having access to aircraft movement areas, 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 matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted (P)
Conditional
Use (C)
Art Studios X
80
Page 58 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 25 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Limited Commercial Zone
Personal Services Permitted (P)
Conditional
Use (C)
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
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 14.20.150 and 14.20.255 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.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—
Definitions, 14.20.330—Standards for Commercial Marijuana Establishments.
31 A conditional use permit for an onsite consumption endorsement can only be approved
if the applicant has a current conditional use permit for a Retail Marijuana Store.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 4.Severability: That if any part or provision of this ordinance or application thereof to
81
Page 59 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 26 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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 5.Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17
th day of April, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: April 3, 2019
Enacted: April 17, 2019
Effective: May 17, 2019
82
Page 60 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
MEMORANDUM
TO:Mayor Brian Gabriel and Kenai City Council
FROM:Scott Bloom, City Attorney
DATE:March 27, 2019
SUBJECT: Ordinance No. 3061-2019 An Ordinance to Incorporate Onsite
Consumption of Marijuana at Retail Marijuana Establishments into the
City Of Kenai’s Code of Ordinances
____________________________________________________________________________
Lieutenant Governor Kevin Myer recently signed into law State regulations allowing for onsite
consumption of marijuana at retail marijuana stores. A separate endorsement license for this
activity is required from the State. While there is an opportunity for the City to prohibit onsite
consumption, this Ordinance permits the activity through a conditional use permit process. In
order to accomplish this, the City’s zoning code and land use table are proposed to be amended
to include a definition of an onsite consumption endorsement, clarify that a conditional use permit
separate from a conditional use permit for the retail facility is required, and provide where the
business activity is allowed in the City. These changes can be found on pages 12, 16, 17 and 19.
The State regulations require an applicant to apply with the Marijuana Control Board for an onsite
endorsement, with new application fees of $1000, renewal fees of $600, and license fees of
$2000. Once an endorsement is obtained (and a conditional use permit in Kenai), a retail
marijuana store can sell marijuana and marijuana products, excluding concentrates, to customers
in a consumption area separated from the rest of the store. For consumption, only one gram may
be sold to a person per day, or edible products containing 10 mg or less of THC. Food and
beverages not containing alcohol or marijuana may also be sold at the location. Tobacco cannot
be consumed in consumption areas, and only product purchased at the location can be
consumed. Drunk and intoxicated people are prohibited from entering or remaining onsite.
“Intoxicated” is defined as “intoxicated form the use of a drug or alcohol.” (I recognize this is not
a very informative definition) Consumption areas are required to have smoke free areas for
employees to monitor the consumption area, a ventilation system that eliminates odor, security
measures and procedures for handling unconsumed product. Outdoor consumption areas are
contemplated in the regulations with additional requirements that the activity must be compatible
with surrounding uses, there must be sight obscuring borders, and there is allowance for objection
by property owners within 250 feet and local government objection.
Your consideration is appreciated. 83
Page 61 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 62 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 63 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 64 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 65 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 66 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 67 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 68 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 69 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 70 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 71 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 72 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 73 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 74 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 75 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 76 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 77 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 78 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 79 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 80 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 81 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 82 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 83 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 84 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
MEMORANDUM
TO:City of Kenai Planning and Zoning Commission
FROM:Elizabeth Appleby, City Planner
DATE:April 5, 2019
SUBJECT: Informational Item – Onsite Marijuana Consumption
____________________________________________________________________________
Attached as an informational item is Ordinance 3061-2019 and other background documents.
This ordinance and the background materials were introduced to the Kenai City Council.
Ordinance 3061-2019 addresses the recent State regulations allowing for on-site consumption at
retail marijuana stores; there are currently four permitted commercial marijuana retail stores in
the City. Ordinance 3061-2019 was referred to the Planning and Zoning Commission and will be
an agenda item at our meeting on April 24, 2019. These materials will be provided again along
with a staff report at the April 24th meeting.
Included in the information item are the following:
x Ordinance 3061-2019
x Memorandum from the City Attorney to City Council
x State of Alaska memorandums and order provided by the City Attorney to City Council
Page 85 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
THIS PAGE INTENTIONALLY LEFT BLANK
Page 86 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3061-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.320- DEFINITIONS, 14.20.330- STANDARD FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS AND 14.22.010- LAND USE TABLE, TO INCORPORATE
ONSITE CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA ESTABLISHMENTS INTO
THE CITY OF KENAI’S CODE OF ORDINANCES.
WHEREAS, on November 4, 2014, the Alaskan voters passed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of Marijuana; and,
WHEREAS, on January 20, 2016 the City of Kenai enacted regulations governing commercial
marijuana establishments in the City; and,
WHEREAS, on March 12, 2019 Lieutenant Governor Kevin Meyer signed into law new regulations
from the Marijuana Control Board allowing retail marijuana stores to allow onsite consumption of
marijuana under certain conditions; and,
WHEREAS, in order to enforce City regulations applicable to onsite consumption of marijuana at
retail marijuana stores the City must amend its code related to commercial marijuana
establishments and land use table; and,
WHEREAS, the amendments in this Ordinance will require retail marijuana store owners to obtain
a conditional use permit from the City as well as obtain a state endorsement prior to allowing
onsite consumption of marijuana.
Section 1.Amendment of Section 14.20.320 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a)General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
57
Page 87 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 2 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed
to include the words “intended,” “arranged” or “designed to be used or occupied.”
(b) Specific Definitions.
“Accessory 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 and which is located on the same lot as the main building or use, except as
allowed by a conditional use permit. An accessory building shall be considered to be a part
of the 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 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 Official”means the person charged with the administration and
enforcement of this chapter.
“Agricultural 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, 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, and other uses
approved by the Ordinance of the City of Kenai, and the Federal Aviation Administration’s
regulations, and compatible with the current Airport Master Plan, the Airport Layout Plan and
the Comprehensive Plan.
“Alley”means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
58
Page 88 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 3 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Alteration”means any change, addition, or modification in construction, location, or use
classification.
“Animal Boarding”means any building or structure and associated premises in which
animals are fed, housed, and/or exercised for commercial gain.
“Apartment House,”see “Dwelling, multiple-family.”
“Area, 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 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 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, trailers, or recreation
vehicles and including any warranty repair work and other repair service conducted as an
accessory use.
“Automobile Service 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 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 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.
59
Page 89 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 4 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Bed and 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 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, 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 Height”means the vertical distance from the “grade,” as defined herein, to the
highest point of the roof.
“Building, Principal or Main”means a building or structure in which is conducted the
principal or main use on the lot which said building is situated.
“Business/Consumer 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 leasing;
commercial research; development and testing; photo finishing; and personal supply
services.
“Cabin 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.
60
Page 90 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 5 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“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 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 Kennel”has the same meaning given in KMC 3.05.010.
“Commercial Marijuana Establishment”means any Retail Marijuana Store, Marijuana
Cultivation Facility, Marijuana Product Manufacturing Facility, and Marijuana Testing Facility.
“Commercial 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 Antenna”has the same meaning given in KMC 14.20.255.
“Communication Tower”has the same meaning given in KMC 14.20.255.
“Conditional 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;
61
Page 91 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 6 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(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/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 Care Center”means an establishment where child care is regularly provided f or
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, One-Family”means any detached building containing only one (1) dwelling unit.
“Dwelling, Two-Family”means any building containing only two (2) dwelling units.
“Dwelling, Multiple-Family”means any building containing three (3) or more dwelling units.
“Dwelling 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 School”means any school usually consisting of grades pre-kindergarten
through grade 6 or any combination of grades within this range.
62
Page 92 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 7 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Essential 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.
“Farming”means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, Height”means the vertical distance between the ground directly under the fence
and the highest point of the fence.
“Floor Area”means the total of each floor of a building within the surrounding outer walls
but excluding vent shafts and courts.
“Fraternal 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, 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, 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 Manufacturer/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 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.
63
Page 93 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 8 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Grade (Ground 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 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 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 School”means a secondary school usually consisting of grades 9 through 12 or any
appropriate combination of grades within this range.
“Home Occupation”means an accessory use 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.
“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.
“Licensed Premises For Commercial Marijuana Establishment”means any and all
designated portions of a building or structure, or rooms or enclosures in the building or
structure, at the specific address for which a Commercial Marijuana Establishment license is
issued, and used, controlled, or operated by the Commercial Marijuana Establishment to
carry out the business for which it licensed.
64
Page 94 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 9 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Loading 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, 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 Coverage”means that portion of the lot covered by buildings or structures that require
a building permit.
“Lot Depth”means the horizontal distance separating the front and rear lot lines of a lot and
at right angles to its width.
“Lot Line, Front-Corner Lot”means the shortest street line of a corner lot.
“Lot Line, Front-Interior Lot”means a line separating the lot from the street.
“Lot Line, 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 Line, Side”means any lot boundary line not a front lot line or a rear lot line.
“Lot Width”means the mean horizontal distance separating the side lot lines of a lot and at
right angles to its depth.
“Manufactured 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.
“Manufacturing/Fabricating/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.
65
Page 95 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 10 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Marijuana”means all parts of the plant of the genus Cannabis, whether growing or not; the
seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. The term does not include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable
of germination, or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other products.
“Marijuana Concentrate”means resin, oil, wax, or any other substance derived from the
marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-bearing
resins of the plant.
“Marijuana Cultivation Facility”means any entity with a state license registered to cultivate,
prepare, and package marijuana and to sell marijuana to Marijuana Retail Facilities,
Marijuana Products Manufacturing Facilities, Marijuana Testing Facilities, but not to
consumers.
“Marijuana Cultivation Facility, Standard”means an entity registered to cultivate in an
area greater than 500 square feet under cultivation, prepare, and package marijuana and to
sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to
other marijuana cultivation facilities, but not to consumers.
“Marijuana Cultivation Facility, Limited”means an entity registered to cultivate in an area
of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana
to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
“Marijuana Products”means concentrated marijuana and marijuana products that are
comprised of Marijuana and other ingredients and are intended for use or consumption, such
as, but not limited to edible products, ointments, and tinctures.
“Marijuana Product Manufacturing Facility”means a state licensed fully enclosed secure
indoor facility registered to purchase marijuana, manufacture, prepare and package
marijuana products, and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana Testing Facility”means a state licensed commercial marijuana testing facility
that is registered to analyze and certify the safety and potency of Marijuana and Marijuana
Products.
66
Page 96 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 11 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Mini-Storage 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 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 Home 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 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 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.
67
Page 97 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 12 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Nonconforming 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 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 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, Convalescent or Rest 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.
“Onsite Consumption Endorsement” means the state regulated consumption of certain
marijuana products at or adjacent to a retail marijuana store by patrons of the commercial
marijuana establishment.
“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, Public Lots”means a parking area available to the public, whether or not a fee
for use is charged.
“Parking Space, 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 Space, 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 Services”mean establishments engaged in providing services involving the care
of a person or his or her apparel.
68
Page 98 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 13 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Planned Unit Residential Development”means an alternative method of development of
a residential neighborhood under more flexible conditions than otherwise required in a
specific zoning district.
“Principal 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 Owner”means the owner shown on the latest tax assessment roll.
“Public”means a place to which the public or a substantial group or persons has access
and includes highway, rivers, lakes, transportation facilities, schools, places of amusement
or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartments
houses and hotels not constituting rooms or apartments designed for actual residence.
“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 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 include, but are not limited
to, travel trailers, camping trailers, truck campers, and motor homes.
“Recreational Vehicle Park”means an area established by a conditional use permit for the
parking of two (2) or more recreational vehicles on a temporary basis.
“Recreation or Youth Center”means a building, structure, athletic playing field, or
playground, run or created by a local government or the state to provide athletic, recreational,
or leisure activities for minors, or operated by a public or private organization, licensed to
provide shelter, training, or guidance for persons under 21 years of age.
“Restaurant”means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
“Retail 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.
69
Page 99 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 14 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Retail Marijuana Store”means a state licensed entity registered to purchase marijuana
from a marijuana cultivation facility, to purchase marijuana and marijuana products from a
marijuana manufacturing facility, and sell marijuana and marijuana products to consumers.
“Secondary 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.
“Square Feet Under Cultivation”means an area of the licensed premises of a standard or
limited cultivation facility that is used for growing marijuana, measured on the perimeter of
the floor or growing space for marijuana “Square Feet Under Cultivation” does not include
hallways, equipment storage areas, or other areas within the licensed premises that are not
used for growing marijuana such as an office, or a processing or storage area.
“State Highway”means a right-of-way classified by the State of Alaska as a primary or
secondary highway.
“Storage 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 Extraction of Natural 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 Extraction of Natural 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.
70
Page 100 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 15 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“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.
“Tree 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 the premises.
“Wholesale 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, 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, Rear”means a yard extending across the full width of the lot between the most rear
main building and the rear lot line.
“Yard, 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 Change”means the alteration or moving of a zone boundary; the reclassifica[-]tion
of a lot, or parcel of land, from one zone to another; and the change of any of the regulations
contained in this chapter.
71
Page 101 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 16 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
“Zoning Ordinance or Ordinances”mean the zoning ordinance of the City of Kenai and
Kenai Municipal Code Chapter 14.
Section 2.Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana Establishments, is
hereby amended as follows:
14.20.330 Standards for [C]Commercial [M]Marijuana [E]Establishments.
The purpose of this section is to establish general standards for commercial marijuana
establishments.
(a) Commercial marijuana establishments and onsite consumption endorsements may be
permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the
City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section.
(b) Applicants applying for a conditional use permit must include an area map drawn to scale
indicating all land uses on other properties within a five hundred (500) foot proximity of the
lot upon which the applicant is seeking a conditional use permit. This shall be in addition to
the conditional use permit submission requirements in KMC 14.20.150.
(c) A public hearing shall be scheduled before the Planning and Zoning Commission to
review the conditional use permit application once it has been deemed complete. The public
hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except
that notification shall be mailed to all real property owners on record on the Borough
Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the
proposed action.
(d) The preparation, packaging, manufacturing, processing, and storing of all marijuana,
marijuana concentrate or marijuana products must be conducted within a fully enclosed,
secure indoor facility. The growing and cultivating of marijuana must be conducted within a
fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and
doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which
case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet
high.
(e) All commercial marijuana establishments shall not emit an odor that is detectable by the
public from outside the commercial marijuana establishment.
(f) No portion of a parcel upon which any commercial marijuana establishment is located
shall be permitted within the following buffer distances:
72
Page 102 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 17 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five
hundred (500) feet of any vocational programs, post-secondary schools, including but
not limited to trade, technical, or vocational schools, colleges and universities, recreation
or youth centers, correctional facilities, churches, and state licensed substance abuse
treatment facilities providing substance abuse treatment; and
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of the
school, recreation or youth center, or the main public entrance of a church, correctional
facility, or a substance abuse treatment facility providing substance abuse treatment. If
the commercial marijuana establishment occupies only a portion of a structure, buffer
distances are measured as the closest distance from the perimeter of the closest interior
wall segregating the commercial marijuana establishment from other uses, or available
uses in the structure, or an exterior wall if closer, to the outer boundaries of the school,
recreation or youth center, or the main public entrance of a church or correctional facility,
or a substance abuse treatment facility providing substance abuse treatment.
(g) As provided in the Land Use Table, a person or licensee may apply for a conditional use
permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000)
square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot.
(h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall
only be allowed on a lot which has an existing structure consistent with a principal permitted
use.
(i) A marijuana cultivation facility located in an accessory building shall be subject to the
setback provisions in KMC 14.24.020, Development Requirements Table. A person or
licensee seeking relief from the provisions in the Development Requirements Table may
apply for a variance subject to the provisions of KMC 14.20.180.
(j) A conditional use permit for onsite consumption of marijuana and/or certain marijuana
products must be obtained, in addition to a state issued endorsement license, prior to
operation of any onsite consumption in the City. The conditional use permit for onsite
consumption must be separate from and in addition to any conditional use permit for the
operation of a retail marijuana store. An onsite consumption conditional use permit will not
be issued until a condition use permit for a retail marijuana store has been issued for the
dame location.
Section 3.Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.22.010 – Land Use Table, is hereby amended as follows:
73
Page 103 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 18 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land [U]Use [T]Table.
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 A
LI C R
R
R
R-
1
R
S
R
S-
1
R
S-
2
R
U
C
C
C
G IL IH
E
D R TS
H LC CM
U
RESIDENTIAL
One-Family Dwelling N C
1
8
PPPPPPP2
1
S1 S2 S2 C2
2
PP P S
1/C
21
Two-, Three-Family
Dwelling
NC1
8
PPPPPPP2
1
S1 CCC2
2
PP P S
1/C
21
Four-Family Dwelling N C
1
8
PC3
,29
PNNPP2
1
S1 CCC2
2
NP C S
1/C
21
Five-, Six-Family Dwelling N C
1
8
C3 NPNNPP2
1
S1 CCNNP C S
1/C
21
Seven- or More Family
Dwelling
NC1
8
C3 NC3NNPP2
1
S1 CCNNP C S
1/C
21
Mobile Home Parks6 NNCN CC C CCCCCNCN N C
Planned Unit Residential
Development7
NC1
8
CC2
9
CCCCCCCCNCC C C
Townhouses4 NC1
8
C3 C3
,29
C3 C3 C3 C3 CCCCC2
2
CC C C
Accessory Building on
Parcel Without Main
Building or Use (See KMC
14.20.200)
NNCC CC C CNNNNNNC N N
74
Page 104 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 19 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Automotive Sales CNCN NN N CPPPPNNN N P
Automotive Service
Stations
CNCN NN N CPPPPNCN N P
Banks CNCN CN N CPPPCNCC C P
Business/Consumer
Services
CNCN CN N CPPPCNCC C P
Commercial Recreation NNCN CN N CPPCCNPC C P
Guide Service CNCN CN N CPPPPNPP C P
Hotels/Motels CNCN CN N CPPPCNCP C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited 30
NNCC CC C CNCCCNNN C N
Marijuana Cultivation
Facility, Standard 30
NNNN NN N NNCCCNNN C N
Marijuana Product
Manufacturing Facility 30
NNNN NN N NNCCCNNN N N
Marijuana Testing Facility
30
NNNN NN N NCCPPNNN C C
Professional Offices C N C C
2
9
CNNPPPPPNCP P P
Restaurants CNCN CN N CPPPCNCC C P
Retail Business C N
2
6
CNCNNCPPPPS2
4
S2
4
CC P
Retail Marijuana Store 30 NNNN NN N NNCCCNNN C C
Onsite Consumption
Endorsment31
N N N N N N N N N C C C N N N C C
Theaters NNCN CN N CPPCCNPC C P
Wholesale Business C N C N C N N C C P P P N S
2
4
CC N
75
Page 105 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 20 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
INDUSTRIAL
Airports C P
2
0
CN CN N CCCCCNCN N C
Necessary Aviation
Facilities
PPCC CC C CPPPPCPC P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C
9 NNN CN N NNNC
9
C
9
NNN N N
Manufacturing/Fabricating/
Assembly
PNCN CN N CCPPPNCC N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard CNCN CN N CCPPPNNN N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P
1
0
P10 P1
0
P1
0
P1
0
P1
0
P1
0
P1
0
CCPP1
0
PP P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C
2
9
CCCCPPCCPCC C P
Elementary Schools* N C C C
2
9
CCCCPPCCPCC C P
Governmental Buildings P C C C
2
9
CCCCPPPCPCC P P
High Schools* N C C C
2
9
CCCCPPCCPCC C P
Hospitals* NCCN CC C CPPPCCCC C P
Libraries* N C C C
2
9
CCCC1
2
PPPCPCP C P
Museums C C C C
2
9
CCCCPPPCPCP C P
76
Page 106 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 21 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Parks and Recreation N P C C
2
9
CCCCPPPPPPP C P
MISCELLANEOUS
Animal
Boarding/Commercial
Kennel13
CCCN CC N NCCCCNCN C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
PCCN CC C CP
1
5
P1
5
P1
5
P1
5
P1
5
CP N P
15
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 PCCN CN N NNCCCNCC N N
Communications Towers
and Antenna(s), Radio/TV
Transmitters/Cell Sites** 28
CPCNCCCCPPPPPCC C C
Crematories/Funeral
Homes
NNCN CN N CCCCCNCC C C
Day Care Centers12 NCCC2
9
CCCCPPPCCCC P P
Dormitories/Boarding
Houses
NCCN CC C PP
2
1
SCPP2
3
CC C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
NPPN NNNNNNNPNPN N N
Fraternal Organizations/
Private Clubs/Social Halls
and Union Halls
NNCN CC C CPPPCNCP C P
Greenhouses/Tree
Nurseries13
NCCN CC C CPPPCNCC 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
NNCN CC C CPPCCCCC C P
Parking, Public Lots12 CCCN CC C CCCCCCCC C C
77
Page 107 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 22 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Personal Services25 NCCN CC C CPPPPCCP P/C
27
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
CCCC CC C CCCCCNCN N N
Surface Extraction of
Natural Resources17
CCCN CN N CNCCCNCN N N
*See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
**See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting
on collector streets and major highways. Commercial or industrial which falls under the
landscaping/site plans requirements of KMC Chapter 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;
78
Page 108 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 23 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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.
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 characteristics 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:
79
Page 109 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 24 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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.
19 Reserved.
20 The airport related uses allowed under this entry are aircraft approach and departure
zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport
perimeter fence or having access to aircraft movement areas, 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 matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted (P)
Conditional
Use (C)
Art Studios X
80
Page 110 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 25 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Limited Commercial Zone
Personal Services Permitted (P)
Conditional
Use (C)
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
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 14.20.150 and 14.20.255 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.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—
Definitions, 14.20.330—Standards for Commercial Marijuana Establishments.
31 A conditional use permit for an onsite consumption endorsement can only be approved
if the applicant has a current conditional use permit for a Retail Marijuana Store.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 4.Severability: That if any part or provision of this ordinance or application thereof to
81
Page 111 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 26 of 26
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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 5.Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17
th day of April, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: April 3, 2019
Enacted: April 17, 2019
Effective: May 17, 2019
82
Page 112 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
MEMORANDUM
TO:Mayor Brian Gabriel and Kenai City Council
FROM:Scott Bloom, City Attorney
DATE:March 27, 2019
SUBJECT: Ordinance No. 3061-2019 An Ordinance to Incorporate Onsite
Consumption of Marijuana at Retail Marijuana Establishments into the
City Of Kenai’s Code of Ordinances
____________________________________________________________________________
Lieutenant Governor Kevin Myer recently signed into law State regulations allowing for onsite
consumption of marijuana at retail marijuana stores. A separate endorsement license for this
activity is required from the State. While there is an opportunity for the City to prohibit onsite
consumption, this Ordinance permits the activity through a conditional use permit process. In
order to accomplish this, the City’s zoning code and land use table are proposed to be amended
to include a definition of an onsite consumption endorsement, clarify that a conditional use permit
separate from a conditional use permit for the retail facility is required, and provide where the
business activity is allowed in the City. These changes can be found on pages 12, 16, 17 and 19.
The State regulations require an applicant to apply with the Marijuana Control Board for an onsite
endorsement, with new application fees of $1000, renewal fees of $600, and license fees of
$2000. Once an endorsement is obtained (and a conditional use permit in Kenai), a retail
marijuana store can sell marijuana and marijuana products, excluding concentrates, to customers
in a consumption area separated from the rest of the store. For consumption, only one gram may
be sold to a person per day, or edible products containing 10 mg or less of THC. Food and
beverages not containing alcohol or marijuana may also be sold at the location. Tobacco cannot
be consumed in consumption areas, and only product purchased at the location can be
consumed. Drunk and intoxicated people are prohibited from entering or remaining onsite.
“Intoxicated” is defined as “intoxicated form the use of a drug or alcohol.” (I recognize this is not
a very informative definition) Consumption areas are required to have smoke free areas for
employees to monitor the consumption area, a ventilation system that eliminates odor, security
measures and procedures for handling unconsumed product. Outdoor consumption areas are
contemplated in the regulations with additional requirements that the activity must be compatible
with surrounding uses, there must be sight obscuring borders, and there is allowance for objection
by property owners within 250 feet and local government objection.
Your consideration is appreciated. 83
Page 113 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 114 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 115 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 116 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 117 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 118 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 119 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 120 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 121 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 122 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 123 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 124 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 125 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 126 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 127 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 128 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 129 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 130 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 131 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 132 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 133 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 134 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 135 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Page 136 of 138
April 10, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
4/22/2019
1
Soldotna’s Sign Code
Rewrite Process
APRIL 10, 2019
Envision Soldotna 2030 Goals
Review and revise the sign ordinance. (High priority)
Consider providing special regulations for properties that have highway frontage to ensure adequate guidance on sign size, design and location.
Evaluate the potential to provide incentives for businesses to bring existing signs into conformance.
Review the procedure for granting variances from the sign ordinance to ensure that relief is granted only for exceptional circumstances.
Improve the streetscape along the Sterling and Kenai Spur Highways (High priority)
Evaluate the need for more specific standards for highway frontage properties.
4/22/2019
2
Goals
Consider and be consistent with adopted city plans and goals (e.g.,
support local businesses, more vibrant downtown, highway beautification,
etc.)
Simplify the code
Find the appropriate “home” for the code
Work with the business community to balance their needs with community
needs & aesthetics
Enforceable
Be able to withstand legal challenges
Ensure adopted standards reflect desired outcomes & goals
Issues to Address….
4/22/2019
3
Painted-on wall signs are
currently exempt
Event signage (short-term use,
signs in the ROW, etc.)
4/22/2019
4
On-premise temporary/portable signs
(sandwich boards, banners, fins, etc.)
Non-conforming signs
4/22/2019
5
Electronic message signs
Number of signs
4/22/2019
6
Size of sign relative to distance
from roadway
Mobile vendor signs
4/22/2019
7
Home occupations
Signs in residential areas
4/22/2019
8
Pun Signs
Education
What makes a Sign Effective?
Legal Issues & Government Interest in Sign
Regulation
Free Speech
Work Sessions on Key Topics
4/22/2019
9
Process
Utilize a template/model to guide process & discussions
Research and utilize codes from other municipalities
Work with the City Attorney
Issue by issue -- Targeted approach
Communicate:
Involve stakeholders & interested citizens throughout process
Work with the media
Email advisories
4/22/2019
10
Sandwich Board/A-Frame Signs
Should they be allowed? Some sign code models allow for A-frames, others prohibit portable signs.
Where? Which zoning districts? Most municipalities limit A-frames to commercial districts.
How big? How tall? 6 or 7 square feet per sign face (max of 12 or 14 sf); 3’ to 3.5’ tall
How long should they be displayed? Not before 6 AM or after 10 PM; only during regular business hours.
How many per business? 1 per establishment is common
Aesthetics & Materials? No illumination. “Sign shall be constructed of materials that present a finished appearance...”
Permit required? No permit required if they meet standards or ???
OK in City ROW? Some prohibit, others require that clearance and safety are maintained.
Temporary Signs – Soldotna’s Approach
(Draft!)
In general, allow temporary signs with limitations:
Not in ROW
Not be illuminated
Not on a roof
No animation, reflectors, attachments or “fin” signs
4/22/2019
11
For Residential Zoning Districts:
No permit required for signs on private property.
Two signs allowed; cumulative total not to exceed 8 sf.
Only on private property with consent of owner.
Commercial signs = short duration period (30 days/year)
Noncommercial signs = long duration period (90 days/year)
Temporary Signs – Soldotna’s Approach
(Draft!)
For Nonresidential Zoning Districts
May be commercial or non-commercial in their messaging.
Permit required for commercial message signs.
Up to 2 signs per occupancy, 5 signs per parcel.
Cumulative area may not exceed 32 sf.
Not greater than10 feet in height
Commercial signs = short duration period (30 days/year)
Noncommercial signs = long duration period (90 days/year)
Temporary Signs – Soldotna’s Approach
(Draft!)
4/22/2019
12
Exceptions for Nonresidential Zoning Districts
No permit required for temporary signs associate with permitted
temporary uses.
Signs displayed prior to, during and after elections do not
require a permit. No more than 2 signs with a cumulative total
not to exceed 32 sf. Must be removed no later than 10 days
after the election.
Temporary Signs – Soldotna’s Approach
(Draft!)
For “properties actively marketed for sale or rent”
One sign without a permit to be removed within 7 days of sale
8 sf for residential zoned properties
32 sf for commercial zoned properties
Temporary Signs – Soldotna’s Approach
(Draft!)
4/22/2019
13
(11
tlO m
L.
0 .....
Vl
3
0 c::
Vl
AIRCRAFT PARKING AND
LOADING and SUPPORT
VEHICLES
The access to this Lot will allow
removal or storage of helicopters
during weather conditions that
make opening the main overhead
door unsafe such as wind
conditions that exceed 20mph.
LOT9A
NATURAL VEGETATION
(51% APPRO X AREA)
Tarmac
----..... N
18' Overhead
Willow St.