HomeMy WebLinkAbout2019-04-24 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 24, 2019 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
www.kenai.city
A Work Session will be held prior to the general meeting
from 5:30 p.m. to 6:45 p.m. to discuss amending Kenai
Municipal Code 14.20.220 – Signs
1.CALL TO ORDER
a.Pledge of Allegiance
b.Roll Call
c.Agenda Approval
d.Consent Agenda
e. *Excused absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES
a.March 27, 2019 ........................................................................................................... 1
b.April 10, 2019 .............................................................................................................. 7
3.SCHEDULED PUBLIC COMMENT
(Public comment limited to ten (10) minutes per speaker)
4.UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5.CONSIDERATION OF PLATS - None
6.PUBLIC HEARINGS
a.Resolution PZ2019-13 – 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. ......................................... 13
7.UNFINISHED BUSINESS - None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
APRIL 24, 2019 - 7:00 P.M.
Page 2 of 2
8. NEW BUSINESS - None
9. PENDING ITEMS - None
10. REPORTS
a. City Council ……………………………………………………………………………………71
b. Borough Planning …………………………………………………………………………….75
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS - None
13. NEXT MEETING ATTENDANCE NOTIFICATION - May 8, 2019
14. COMMISSION COMMENTS AND QUESTIONS
15. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MARCH 27, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, G.
Greenberg, T. McIntyre, J. Halstead, V. Askin
Commissioners absent:
Staff/Council Liaison present: City Planner E. Appleby, City Clerk J. Heinz, City Attorney
S. Bloom, Planning Dept. Assistant W. Anderson, Council
Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as presented and Commissioner
Springer SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
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Planning and Zoning Commission Meeting Page 2 of 5
March 27, 2019
e. *Excused absences – None.
2. *APPROVAL OF MINUTES – March 13, 2019
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT –(10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT – (3 minutes) None.
5. CONSIDERATION OF PLATS
a.Resolution PZ2019-09 – Original Preliminary Plat of Basin View Subdivision Pettey-
Daniel Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, Alaska
99611, on behalf of the Jay and Glenese Pettey, 340 Thompson Place, Kenai, AK 99611,
and Phillip Daniel, P.O. Box 1284, Kenai, AK 99611
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-09 and Commissioner
Halstead SECONDED the motion.
Staff reviewed their report recommending approval of the Resolution, which was provided in the
packet, noting a lot line would be vacated which would bring the septic on the same lot as the
structure and also brought a potential encroachment into compliance.
Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public
comment was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend to include staff recommendations and Commissioner
Askin SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Greenberg, McIntyre, Halstead, Springer, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MOTION AS AMENDED:
YEA: Greenberg, McIntyre, Halstead, Springer, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS
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Planning and Zoning Commission Meeting Page 3 of 5
March 27, 2019
a.Resolution PZ2019-11 – In Support of Ordinance 3056-2019 Amending KMC 14.22.010
– Land Use Table to Allow Business/Consumer Services and Taxidermy/Gunsmithing in
Rural Residential 1 (RR-1) Zone by Conditional Use Permit and Removing the Location
Restriction on Professional Offices Allowed by Conditional Use Permit within the Rural
Residential 1 (RR-1) Zone
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-11 recommending Kenai City
Council enact Ordinance No. 3056-2019 amending Kenai Municipal Code 14.22.010 with staff
recommendations and Commissioner Halstead SECONDED the motion.
Staff reviewed their report recommending approval of the Resolution, which was provided in the
packet, noting the four occasions in the past year when people had been told they could not
operate their business idea in their home or a home they wanted to purchase in the RR1 zone
because the use wasn’t allowed. Zoning, uses, and the Comprehensive Plan goals were also
reviewed.
Commission Chair Twait opened the floor for public testimony.
Ron Carlson spoke in favor of the ordinance noting he had been doing gunsmithing as a hobby
and wanted to see if he could be successful making it a business. He noted he hit a dead end
when he discovered the use was not allowed in the zone where he lived. He added that his being
able to use his shop, with no overhead, and not having to rent, would be beneficial.
Elizabeth Ward spoke in favor of the ordinance noting she had considered purchasing a home in
the RR1 zone and wanted to be able to run a small scale counseling business from the home for
approximately ten people at a time. She added she was unsure if she would purchase the house
given the inability to operate the business from it.
Kristine Schmidt spoke against the ordinance for lack of notice to the neighborhood. She also
noted the process followed in the past with involvement from residents of the zone, expressed
concern for creeping commercialization, suggested a better public policy would be to have
outreach and come to consensus, and expressed concern with the vague regulations with
Conditional Use Permitting.
There being no one wishing to be heard, public comment was closed.
Clarification was provided regarding the noticing requirements, definitions of professional offices
and clinics, and that parking requirements would follow existing City code.
There was discussion regarding allowing home occupations and not stand-alone businesses,
conditional use permitting still providing control, and footnotes to the use table.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by changing business consumer services to C with
footnote 29 in RR1 zone and Commissioner Halstead SECONDED the motion.
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Clarification was provided that this would restrict business and consumer services to properties
abutting the Kenai Spur Highway only and protecting the residences.
VOTE ON THE AMENDMENT:
YEA: Twait, Springer, Greenberg, Halstead
NAY: Fikes, McIntyre, Askin
MOTION PASSED.
A notice not being provided to everyone living in an RR1 zone, the changes not honoring the spirit
of the RR1 zone, other zones allowing the conditional uses, and not restricting economic
development in the current climate were topics discussed.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Springer, Greenberg
NAY: Fikes, McIntyre, Askin, Twait, Halstead
MOTION FAILED.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS –None.
9. PENDING ITEMS – None.
10. REPORTS
a.City Council – Council Member Molloy reviewed the action agenda from the March 20
City Council Meeting noting the commission would be asked to review a marijuana
endorsement for onsite consumption in the near future.
b.Borough Planning – Vice-Chair Fikes reported the Borough Planning Commission met
on March 25 and approved a Conditional Use Permit for a deck and stairs near an
anadromous zone, considered parcels for a borough land sale, and heard testimony
regarding resource extraction in Anchor Point which was a matter remanded back to the
Commission; postponed for more public testimony.
c.Administration – City Planner Appleby reported on the following:
x Pointed out the Comprehensive Plan suggested making Kenai more friendly to
businesses;
x Administration was working on the FY2020 Budget;
x The draft Alaska Liquefied Natural Gas Environmental Impact Statement was
expected in June;
x Was appointed to the Complete Count Committee for the 2020 Census;
x Noted the project evaluation board for the Alaska Transportation Alternatives
Program grants met and a decision was expected soon;
x The Statewide Transportation Plan was open for public comment.
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March 27, 2019
11. ADDITIONAL PUBLIC COMMENT
Kristine Schmidt suggested the Kenai Peninsula Borough and the City collaborate on mapping
features on their websites.
12. INFORMATIONAL ITEMS
a. March 2019 Planning and Zoning Department Report
b. Bicycle/Pedestrian Planning Update
13. NEXT MEETING ATTENDANCE NOTIFICATION – April 10, 2019
Commissioner Askin noted she would be absent.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin thanked staff for the training and their work on projects.
Commissioner McIntyre asked if the website could be demonstrated to the Commission.
Commissioner Halstead expressed appreciation for everyone’s hard work and good discussion.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 9:05 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
APRIL 10, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a.Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b.Roll Call
Commissioners present: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, G.
Greenberg, T. McIntyre
Commissioners absent: V. Askin, J. Halstead
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Planning
Dept. Assistant W. Anderson, Council Liaison B. Molloy
A quorum was present.
c.Agenda Approval
MOTION:
Commissioner Springer MOVED to approve the agenda as presented and Commissioner
McIntyre SECONDED the motion. There were no objections; SO ORDERED.
d.Consent Agenda
MOTION:
Commissioner Greenberg MOVED to approve the consent agenda to include the excused
absence of Commissioner Halstead; and Commissioner Springer SECONDED the motion. There
were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
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e.*Excused absences – V. Askin, J. Halstead
2. APPROVAL OF MINUTES – None.
3. SCHEDULED PUBLIC COMMENT
a. John Czarnezki – City Planner, City of Soldotna regarding the sign code for the City of
Soldotna
Mr. Czarnezki noted the rewrite process began two years ago and Soldotna’s Comprehensive
Plan Goals included review and revision to the sign ordinance, and improvement of the
streetscape along the Sterling and Kenai Spur Highways. He specified goals in the sign code and
provided examples of types of signs including painted signs, temporary event signs, on premise
temporary/portable signs, non-conforming signs, electronic message signs, number of signs, size
of sign relative to distance from roadway, mobile vendor signs, home occupations, signs in
residential areas, and pun signs. Mr. Czarnezki explained the Soldotna sign code development
approach process that included education, public input, legal aspects with the City Attorney, and
specifying sign parameters in code.
4. UNSCHEDULED PUBLIC COMMENT –(3 minutes)
Doug Fields, Owner of Kenai Neon Sign Company for over 30 years noted there were several
signs at street corners exposed since the snow melted, and temporary signs in the Right-of-Way,
and he suggested a priority enforcement of them. He further requested the Commission examine
the motives for enforcing and changing the sign code, and the overall goals for it.
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
MOTION:
Commissioner McIntyre MOVED to approve Resolution No. PZ2019-10 and Commissioner
Greenberg SECONDED the motion.
The City Planner reviewed the staff report that was provided in the packet, noting elimination of
the parcel line between lots 27 and 28 to create one larger lot to allow the development of one
larger residence on the combined lot.
City Staff recommended approval of the preliminary plat of Inlet Woods 2019 replat, subject to
the following condition:
x Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
Chair Twait opened the floor for public testimony.
Applicant, Clint Hall clarified that instead of trying to build a smaller home or cause conflict with
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Planning and Zoning Commission Meeting Page 3 of 5
April 10, 2019
neighbors with homes built close to the property line, it was more reasonable to combine the lots
and have one residence on the property with less constrictions.
There being no one else wishing to be heard, public comment was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend to include approval with staff recommendations and
requested UNANIMOUS CONSENT; Commissioner Greenberg SECONDED the motion. Hearing
no objections; SO ORDERED.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Fikes, Springer, McIntyre, Greenberg, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
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
MOTION:
Commissioner Springer MOVED to recommend approval of a lease renewal application by
Schilling Rentals LLC, and Commissioner Greenberg SECONDED the motion.
The City Planner reviewed the staff report as provided in the meeting packet and noted the
application for a lease renewal was also being reviewed by the Airport Commission and the
recommendations by both Commissions would be presented before Council on April 17. It was
clarified that due to the term table in Kenai Municipal Code 21.10.080, the City and the applicant
agreed to the maximum term of 33 years.
Duane Bannock, representative for Schilling Rentals, LLC, requested recommendation for
renewal noting all conditions were met and he clarified Schilling Rentals, LLC absorbed the cost
of another parcel’s overflow on the property and removal of it.
Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public
comment was closed.
VOTE:
YEA: Twait, Greenberg, Fikes, Springer, McIntyre
NAY:
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Planning and Zoning Commission Meeting Page 4 of 5
April 10, 2019
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action agenda from the April 3 City
Council Meeting and specifically noted Ordinance No. 3056-2019, regarding discussion
of amendments to the land use table was postponed to April 17; and Ordinance No.
3061-2019 regarding amending Kenai Municipal Code to incorporate onsite
consumption, was referred to the Planning and Zoning Commission for recommendation
to Council. Council Member Molloy added the bluff erosion project was signed off and
sent to Washington D.C. in effort to gain funding for the project.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on April 8,
approved a plat and a vacation of easement on a property in Homer to allow public
access.
c. Administration – City Planner Appleby reported on the following:
x The funding application for a pedestrian pathway along part of Bridge Access Road
was with the Federal Highway Administration for review;
x She was working with City of Soldotna, City of Homer, City of Seward and Kenai
Peninsula Borough on the Kenai Peninsula Coordinated Public Transit-Human
Services Transportation Plan; a draft was expected in June.
x The new City of Kenai website was live and encouraged members to familiarize
themselves with resources and useful information for planning and zoning.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS
a.Planning and Zoning Resolutions – First Quarter 2019
b.Building Permits – First Quarter 2019
c.Code Enforcement – First Quarter 2019
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
The City Planner noted that Item 12.d. would be a Public Hearing agenda item at the next
Commission meeting. It was clarified that it was only provided in this packet to allow the
Commission a review of the memo and information provided by the City Attorney on State
regulations, clarifying that there were three options being proposed. It was added that there were
currently four marijuana establishments in the City of Kenai.
13. NEXT MEETING ATTENDANCE NOTIFICATION – April 24, 2019
The City Planner noted there would be a Sign Code work session prior to the next regular meeting.
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Planning and Zoning Commission Meeting Page 5 of 5
April 10, 2019
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Greenberg asked about trails plan to connect trails better in residential areas. It
was clarified that Parks and Rec Director was looking into available grants for funding.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 9:03 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
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Page 16 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
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Page 17 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
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Table 1 Marijuana Related Calls to Kenai Police Dispatch
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Page 18 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Generated:Marijuana Retail Stores 7/19/18
Majestic Gardens
Kenai River Cannabis
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Red Run
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 3 of 26
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 4 of 26
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 5 of 26
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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;
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 6 of 26
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 7 of 26
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 8 of 26
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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.
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 9 of 26
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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.
Page 28 of 80
April 24, 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.
Page 29 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 11 of 26
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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.
Page 30 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 12 of 26
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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.
Page 31 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 13 of 26
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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.
Page 32 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 14 of 26
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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.
Page 33 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 15 of 26
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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.
Page 34 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 16 of 26
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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:
Page 35 of 80
April 24, 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 conditional use permit for a retail marijuana store has been issued for the
same 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:
Page 36 of 80
April 24, 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
Page 37 of 80
April 24, 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
Page 38 of 80
April 24, 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
Page 39 of 80
April 24, 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
Page 40 of 80
April 24, 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;
Page 41 of 80
April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
Ordinance No. 3061-2019
Page 23 of 26
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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:
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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
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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
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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
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April 24, 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.
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KENAI CITY COUNCIL – REGULAR MEETING
APRIL 17, 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 case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1. Linda Swarner – Presentation on History of Kenai Local Food Connection and How
to Get Involved
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. 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)
2. 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)
3. Resolution No. 2019-23 – Approving a Third Amendment to the Airline Operating
Agreement and Terminal Area Lease and Authorizing the City to Enter into such
Agreement with Corvus Airlines D/B/A Ravn Alaska. (Administration)
4. Resolution No. 2019-24 – Approving a Third Amendment to the Airline Operating
Agreement and Terminal Area Lease and Authorizing the City to Enter into such
Agreement with Grant Aviation, Inc. (Administration)
5. Resolution No. 2019-25 – Approving the Purchase of Nineteen Portable Radios and
Accessories for the Police Department under a Sole Source Purchase from Motorola
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Solutions using Naspro ValuePoint Contract Pricing for the Total Price of $100,027.79.
(Administration)
6. Resolution No. 2019-26 - Renewing 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 (Administration)
E. MINUTES
1. *Regular Meeting of April 3, 2019
F. UNFINISHED BUSINESS
1. 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)
[Clerk’s Note: This item was postponed to this meeting from the April 3, 2019 meeting.
A motion to enact is on the floor.]
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. (Administration)
2. *Action/Approval – Purchase Orders Over $15,000. (Administration)
3. *Action/Approval – Non-Objection to the Transfer of Ownership of Liquor License to
Kenai Joe’s Taphouse, LLC. (City Clerk)
4. *Ordinance No. 3062-2019 – Increasing FY2019 General Fund Estimated Revenues
and Appropriations by $20,859 And FY2020 General Fund Estimated Revenues And
Appropriations by $35,418 in the General Fund Parks, Recreation, and Beautification
Department for the Receipt of a Grant from the United States Environmental Protection
Agency Passed Through the State of Alaska Department of Environmental
Conservation for Bacteria Level Monitoring on the City’s Beaches during the 2019-
2020 Personal Use Fishery. (Administration)
5. Action/Approval – Harbor Commission Survey. (City Clerk)
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
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April 24, 2019 City of Kenai Planning and Zoning Commission Meeting Packet
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
1. Discussion of the Kenai Visitors Center RFP, a Matter of Which the Immediate
Knowledge may have an Adverse Effect upon the Finances of the City [AS 44.62.310
(c)(1)].
2. Performance Evaluations of City Attorney, City Manager, and City Clerk which may be
a Subject that Tends to Prejudice the Reputation and Character of the City Attorney,
City Manager, and City Clerk [AS 44.62.310(C)(2)].
M. PENDING ITEMS
1. 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. (Legal)
[Clerk’s Note: This item was Referred to the Planning & Zoning Commission for a
Recommendation at their April 24 Meeting and a Public Hearing Scheduled before the
City Council on May 1, 2019.]
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Historical Society Newsletter – April 2019
3. U. S. Department of the Interior – Incidental Take Regulations
4. Letter from the American Red Cross of Alaska
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
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April 24, 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 22, 2019
5:30 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. April 8, 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. AA Mattox Subdivision Gwen’s 2019 Addition
KPB 2019-026 [Seabright Surveying / Echo Trading Company LLC]
Location: on Nelson Avenue, off Kallman Road, City of Homer
2. Seldovia Townsite Chartier Addition 2019 Replat
KPB 2019-029 [Seabright Surveying / Chartier]
Location: on C Street on the Seldovia Slough, City of Seldovia
3. Kooly Subdivision
KPB File 2019-031 [Johnson Surveying / Kooly]
Location: on Oskolkoff Street and Weldin Avenue in the Caribou Hills, Ninilchik
4. Basin View Subdivision Pettey-Daniel Replat
KPB File 2019-033 [Segesser Surveys / Daniel Pettey]
Location: on Dolchok Lane, off Beaver Loop Road, City of Kenai
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Plat Committee Tentative Agenda April 22, 2019
Page 2
5. Right of Way Acquisition Sterling Highway Reconstruction Anchor Point to Baycrest Hill
KPB File 2019-032 [State of Alaska DOT&PF / State of Alaska]
Location: Sterling Highway MP 157-169, Anchor Point and the City of Homer
Anchor Point APC
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, May 13, 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
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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 22, 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
*4. Plats Granted Final Approval (20.10.070)
*5. Plat Amendment Request
a. Jan Feller Subdivision Amended
KPB 2015-087A1 [Integrity / Feller]
Recording No. KN 2015-82
Location: on Miller Loop Road and Autumn Road
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. Syverine Abrahamson-Bentz, Anchor Point / Ninilchik
b. Dr. Rick Foster, Southwest Borough
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Planning Commission Tentative Agenda April 22, 2019
Page 2
c. Vacant, Ridgeway
*8. Minutes
a. March 25, 2019 Planning Commission Minutes
b. April 8, 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 Seldovia. Location and request: Vacate the 25'
wide Frank Raby Drive right-of-way adjoining Lots 3, 6, and 7, Block 44, East Addition
Seldovia Townsite Alaska (Plat SL 66-28) and Lot 4B Seldovia Townsite East 2003
Addition Amended (Plat SL 2004-1). Also vacate the 10' wide alleyway adjoining Lots
1A and 2, Block 44, East Addition Seldovia Townsite Alaska (Plat SL 66-28). The Frank
Raby Drive right-of-way being vacated is unconstructed except for a driveway that
serves Lot 4, Block 44 and the alleyway being vacated is unconstructed. The rights-of-
way are located within the SW 1/4 of Section 32, Township 8 South, Range 14 West,
Seward Meridian, Kenai Peninsula Borough, Alaska. KPB File 2019-030V. Purpose as
stated in petition: The majority of the right-of-way is not constructed. The constructed
portion is currently used as a driveway. All adjacent lots have existing access. House
expansion plans cannot move forward without the vacation due to the house currently
encroaching into the right-of-way. Unnecessary public access for utility purposes.
Petitioners: Keith and Jennifer Swick, Raymond Waterbury Jr., Edward Girard, Hugh and
Sally Smith, and James Hopkins of Seldovia, AK; Kevin and Conny Vandergriff of Eagle
River, AK; Alfred and Judy Weglinski of Homer, AK; and Precious Earth, Inc. of
Bakersfield, CA.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. PC Resolution 2019-08; An application for a Conditional Use Permit has been
received to replace two bridges and improve the Windy Bay Road, within the 50-
foot Habitat Protection Districts of two anadromous streams. This project is located
on both banks of two unnamed anadromous streams, Anadromous Waters Catalog
numbers 242-30-10160 and 242-30-10170, T11S R14W, Seward Meridian SL All of
Sections 11 & 12, (KPB Parcel Numbers 191-070-13 and 191-070-14) on the south
side of Kachemak Bay, AK. Applicant: Port Graham Village Council
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Planning Commission Tentative Agenda April 22, 2019
Page 3
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Building Setback Exception
Lot 3 Block 2 Longmere Estates Subdivision Part 1
KPB File: 2019-034; Resolution No. 2019-11
Location: On Lakeshore Drive and Longmere Way, Sterling Area
2. Consideration of a motion to amend after adoption of the hearing continuance date for
a conditional land use permit application for material extraction. Applicant:
Beachcomber LLC.
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee will review 5 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
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, May 13, 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
ADVISORY COMMISSION MEETING LOCATION DATE TIME
Anchor Point Anchor Point Chamber of Commerce May 1, 2019 7:00 p.m.
Cooper Landing Cooper Landing Community Hall May 1, 2019 6:00 p.m.
Moose Pass Moose Pass Community Hall TBD 6:30 p.m.
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Planning Commission Tentative Agenda April 22, 2019
Page 4
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
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
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