HomeMy WebLinkAbout2023-12-27 Planning & Zoning Packet - Work SessionKenai Planning & Zoning Commission –
Regular Meeting
Page 1 of 1
December 27, 2023
Kenai Planning & Zoning Commission –
Work Session
December 27, 2023 – 5:30 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information Below**
www.kenai.city
Agenda
A. CALL TO ORDER
B. INTRODUCTION
1. City of Kenai Comprehensive Plan and Historic Preservation Plan Annual Review by Planning
Director Mitchell.
C. COMMISSION DISCUSSION AND QUESTION
D. PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
E. ADJOURNMENT
Join Zoom Meeting https://us02web.zoom.us/j/88448948553 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 884 4894 8553 Passcode: 811601 Meeting ID: 884 4894 8553 Passcode: 811601
KMC 14.22.010, Land use table Page 1 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
14.22.010 Land use 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 ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit Residential
Development7
N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
KMC 14.22.010, Land use table Page 2 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service Stations C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer Services C N C C C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation Facility,
Limited30
N N N N N N N N N C C C N N N C N
Marijuana Cultivation Facility,
Standard30
N N N N N N N N N C C C N N N C N
Marijuana Product Manufacturing
Facility30
N N N N N N N N N C C C N N N N N
KMC 14.22.010, Land use table Page 3 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C
Professional Offices C N C C C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
Retail Marijuana Store30 N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C P20 C N C N N C C C C C N C N N C
Necessary Aviation Facilities P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
KMC 14.22.010, Land use table Page 4 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings P C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C12 P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS
Animal Boarding/Commercial
Kennel13
C C C N C C N N C C C C N C N C C
Assemblies15 (Large: Circuses, Fairs,
etc.)
P C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Communications Towers and
Antenna(s), Radio/TV
C P C N C C C C P P P P P C C C C
KMC 14.22.010, Land use table Page 5 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Transmitters/Cell Sites** 28
Crematories/Funeral Homes N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General Agriculture*** N P P N N N N N N N N P N P N N N
Fraternal Organizations/ Private
Clubs/Social Halls and Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P
Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P
Nursing, Convalescent or Rest
Homes
N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/C27 P
Recreational Vehicle Parks N C C N C N N C C C C C N C C N C
Subsurface Extraction of Natural
Resources16
C C C C C C C C C C C C N C N N N
Surface Extraction of Natural
Resources17
C C C N C N N C N C C C N C N N N
* See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 U.S.C. Telecommunications Act of 1996, Sec. 704(a)
KMC 14.22.010, Land use table Page 6 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
*** 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;
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.
KMC 14.22.010, Land use table Page 7 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
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:
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.
KMC 14.22.010, Land use table Page 8 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
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
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.
KMC 14.22.010, Land use table Page 9 of 9
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
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 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000)
feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of
worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas
where youth are likely to be present (limited to public parks, youth recreational centers, public
playgrounds, public libraries).
(Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001,
1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005,
2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011,
2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019
(Substitute), 3363-2023)
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15,
2023.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should
contact the City Clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Hosted by Code Publishing Company, A General Code Company.
14.20.105 Townsite Historic (TSH) Zoning District.
(a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which
will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new
development, reconstruction and alterations within the zone.
(b) Application. An application requiring review in TSH Zoning District shall be filed with the Planning Department.
The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The
application shall contain:
(1) One (1) reproducible copy of the application signed by the applicant and, if leasing the premises, co-
signed by the owner indicating type or nature of business.
(2) Current color photographs of the site and of any existing structures representing both the overall
condition of structures and accurately portraying materials and color.
(3) Reproducible schematic plans of the proposed construction sufficient to show building size and layout,
exterior elevations, proposed materials and colors.
(4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter
drawn to scale showing the existing structure and all proposed alterations and additions in relation to
the site.
(c) Development Criteria. The development criteria is intended to provide for a district in which residential and
business enterprises cohabit as a desirable and compatible use. All proposed construction, renovation,
demolition, or alteration shall:
(1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic;
restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log
style with soft colored or natural sidings.
(2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building
additions that are not compatible with adjacent buildings or which violate the existing character and
scale of the district.
(3) Specific structures and activities which will not be allowed, but are not limited to:
(a) Buildings with “modern design style of architecture” that have no historical correlation with the
district;
(b) Gas stations;
(c) Auto repair shops;
(d) Kennels or similar uses;
Ch. 14.20 Kenai Zoning Code | Kenai Municipal Code Page 1 of 5
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
(e) Livestock, stables, commercial horseback riding;
(f) Auto body and paint shops;
(4) Commercial buildings are limited to a total area of no more than five thousand (5,000) square feet per
story. Any individual unit within the structure may be of no more than two thousand five hundred (2,500)
square feet, except that the Commission may allow a larger individual unit if it is determined to be
compatible with the zone.
(5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the zone.
(d) Criteria for determining acceptable use shall include, but not be limited to the following:
(1) All alterations to existing structures should be performed so as to preserve the historical and
architectural character of the TSH zoning district.
(2) The distinguishing original qualities or character of a building, structure, or site in its environment shall
not be destroyed. The removal or alteration of any historic material or destruction of architectural
features cannot be done without approval.
(3) Changes which may have taken place in the course of time are evidence of the history and development
of a building, structure, or site, and its environment. These changes may have acquired significance of
their own, which should be recognized and respected.
(4) Landscaping requirements according to City of Kenai as required by KMC 14.25.
(5) All exterior construction must be completed within a year of date of approval.
(e) Existing structures. All structures existing prior to the enactment of this ordinance will be allowed to continue
in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural
causes, the structure may be rebuilt with the following requirements:
(1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and
location unless the Commission determines the new structure is more compatible with the intent of the
TSH zone.
(2) The use of the new structure must be the same as the use of the previous structure.
(3) Application for reconstruction of the structure must be made to the Planning Department within one (1)
year of the date of loss due to demolition or damage.
(4) Reconstruction of the structure must be complete within two (2) years of the date of the loss due to
demolition or damage.
(5) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as
stated above are not applicable.
Ch. 14.20 Kenai Zoning Code | Kenai Municipal Code Page 2 of 5
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
(f) Criteria for designation of landmarks to be included in the TSH zone:
(1) Its age-approximately fifty (50) years old.
(2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the City
of Kenai.
(3) Its location as the site of a significant historic event.
(4) Its identification with a person or persons who significantly contributed to the culture and development
of the City of Kenai.
(5) Its distinguishing characteristics of an architectural type.
(6) Its relationship to other distinctive areas that are eligible for preservation according to a historical,
cultural, or architectural criteria.
(g) Uses.
(1) Principal Permitted Uses as allowed in Land Use Table.
(2) Conditional Uses: As allowed in the Land Use Table (KMC 14.20.150) and subject to the provision of this
chapter.
(h) Review Process. The Commission will review all building permit applications as well as all exterior architectural
alterations and demolition to properties included in the Historic Preservation Plan. Upon submittal of such an
application, the Planning Department shall schedule the application for review by the Planning and Zoning
Commission at the following appropriate meeting. Any other building permits within the Townsite Historic
District shall be handled administratively by the Building Official.
(i) Historic Preservation. The Commission shall:
(1) Conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources
within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and
able to be readily integrated into statewide comprehensive historic preservation planning and other
planning processes. Survey and inventory documents shall be maintained to protect the site location(s)
from possible vandalism. The survey shall be updated annually.
(2) Review and comment to the State Historic Preservation Officer on all proposed National Register
nominations within the boundaries of the City. When the Commission considers a National Register
nomination that is normally evaluated by professionals in a specific discipline, the Commission will seek
expertise in this area before rendering a decision.
(3) Develop a local historical preservation plan that will be compatible with the Alaska State Historic
Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey.
(j) Signs. Signs shall be as allowed as set forth in KMC 14.20.220(b)
Ch. 14.20 Kenai Zoning Code | Kenai Municipal Code Page 3 of 5
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
(k) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260.
(l) Definitions.
(1) Alteration. Any act or process that changes one or more of the exterior architectural features of a
structure, including, but not limited to, the erection, construction, reconstruction, or removal of any
structure which requires a building permit.
(2) Construction. The act of adding an addition to an existing structure or the erection of a new principal or
accessory structure on a lot or property which requires a building permit.
(3) Demolition. Any act or process that destroys in part or in whole a landmark or a structure within a historic
district.
(4) Certified Local Government. A local government “that has been certified to carry out the provisions of
Section 101(b) of the National Historic Preservation Act.”
(5) Historic District. An area designated as a “historic district” by ordinance of the City Council, which contains
within definable geographic boundaries, one (1) or more landmark and which may have within its
boundaries other properties or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located within the historic district.
(6) Historic Preservation. The act of adopting regulations and restrictions for the protection and preservation
of places and areas of historical and cultural importance to Kenai.
(7) Landmark. A property or structure designated as a “landmark” by ordinance of the City Council, pursuant
to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because
of its historic and/or architectural significance to the City of Kenai.
(8) New Development. Any development which requires a building permit.
(9) Reconstruction. The action of returning a structure to original state.
(10) Relocation. Any relocation of a structure on its site or to another site.
(11) Renovation. To restore to a former better state (as by repairing or rebuilding).
(12) Site Plan. Schematic drawing complying with the development criteria of this chapter and drawn to scale
showing proposed structure in relation to the site.
(Ords. 1133, 1527-93, 1567-93, 1637-95, 1727-96, 1862-2000, 1867-2000, 1892-2000, 1894-2001)
Ch. 14.20 Kenai Zoning Code | Kenai Municipal Code Page 4 of 5
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Hosted by Code Publishing Company, A General Code Company.
Ch. 14.20 Kenai Zoning Code | Kenai Municipal Code Page 5 of 5
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
CERTIFICATE OF PUBLICATION & POSTING
I, Linda Mitchell, Planning Director of the City of Kenai, do
hereby certify that on the 21st of December, 2023, I
electronically mailed or caused to be published the
foregoing Notice of Meeting to the Peninsula Clarion and
requested that this Notice be published in the December
23, 2023 of their newspaper. On the 21st day of
December, 2023, the full meeting agenda was also posted
at Kenai City Hall and on the internet at www.kenai.city.
___________________________
Linda Mitchell, Planning Director