HomeMy WebLinkAboutOrdinance No. 3383-2023KENAI
CITY OF KENAI
ORDINANCE NO. 3383-2023
Sponsored by: Administration
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING ALL PARCELS WITHIN
THE LETZING 1985 SUBDIVISION (PLAT NO. 85-55) AND GOVERNMENT LOT 170 FROM GENERAL
COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT.
WHEREAS, all parcels within the Letzing 1985 Subdivision plat and Government Lot 170 are currently
zoned General Commercial (CG); and,
WHEREAS, the City of Kenai received a rezone application from the majority of property owners in
accordance with KMC 14.20.270 Amendment procedures; and,
WHEREAS, the CG zoning district allows for the widest range of commercial and industrial uses
compared to other commercial zoning districts and the existing CG zone is not a compatible land use for
this area since there are existing residential uses to the north and east of the proposed rezone area and
an existing single-family dwelling in the proposed rezone area; and,
WHEREAS, the proposed rezone to RS would align with the current low to medium density residential
character of the neighborhood; and,
WHEREAS, the land use classification is Mixed -Use, which envisioned a compatible mix of residential
and commercial uses but it is desired by the property owners and supported by nearby residents that it
should be rezoned to residential; and,
WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai;
and,
WHEREAS, at their regularly scheduled meeting held on November 8, 2023, the City of Kenai Planning
and Zoning Commission voted unanimously to recommend the subject properties be rezoned from
General Commercial to Suburban Residential zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone all parcels within the Letzing 1985 Subdivision plat (Plat No. 85-
55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) zoning
district.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without. such part, provision, or
application.
New Text Underlined; [DELETED TExT BRACKETED]
Ordinance No. 3383-2023
Page 2 of 2
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take
after enactment. /
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,01S 3RD
ATTEST:
is e-1 Fe r, M , City Clerk
Introduced:
Enacted:
Effective:
ect 30 days
Y, 2024.
December 20, 2023
January 3, 2024
February 2, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
N A I
City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 wwwIenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: December 12, 2023
SUBJECT: Ordinance No. 3383-2023 — Rezone All Parcels Within Letzing 1985
Subdivision (Plat No. 85-55) and Government Lot 170 from General
Commercial (CG) to Suburban Residential (RS) Zoning District
The property owners, Nancy and Michael Wiles, and Ken Dunbar representing Five D
Investments LLC, are the seeking to rezone all parcels within Letzing 1985 Subdivision (Plat No.
85-55) and Government Lot 170 located at 1202, 1204, and 1206 First Avenue and 103 Birch
Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose
of the rezone is to allow additional affordable housing rather than commercial use on the subject
parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and
construct a single-family dwelling unit on each lot. If approved, the zone change would allow a
residential use as a principal use, whereas under the existing zoning district, CG, a residential
use is only permitted as a secondary use.
The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage
to the west, residential uses to the north and east, and a commercial center, known as Swanson
Square to the south across First Avenue. The current zoning, CG prohibits single-family and two-
family residential uses unless it is a secondary use according to the land use table found in KMC
Section 14.22.010.
In addition, CG zoning district allows for the widest range of commercial and industrial uses
compared to other commercial zoning districts. The existing CG zoning district is not a compatible
land use for this area since there are existing residential uses to the north and east of the
proposed rezone area and an existing single-family dwelling in the proposed rezone area. While
the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts
between commercial/industrial uses and residential uses, this could be further implemented
through a suitable zoning designation. The intent of the CG zoning district is not compatible with
the existing residential uses in the adjacent RS zoning district to the north and east. There are
other restrictive commercial zoning districts that allows residential use as a principal use but it
would provide a disconnect between the existing CG zoning district to the west of the proposed
rezone area.
The rezone to RS zone would expand the adjacent RS zoning district, which it is anticipated that
it would be developed in junction with the surrounding residential uses to the north and east.
Therefore, minimizing potential impacts of commercial development on existing residential uses.
As noted by the applicants, there is a need for additional housing and this rezone would allow for
residential uses without going through additional planning processes.
The existing land use classification states a compatible mix of.residential and commercial uses.
It is anticipated that this area will become residential uses. In the RS zone, several commercial
uses are permitted subject to a Conditional Use Permit. The proposed rezone to RS zone would
be consistent with the Mixed -Use land use classification as identified in the Comprehensive Plan.
Therefore, an amendment to the land use map in the Comprehensive Plan is not required.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai.
• Q-4: Promote the siting and design of land uses that are in harmony and scale
with surrounding uses.
The proposed rezone to RS would align with the current low to medium density residential
character of the neighborhood. The proposed rezone to RS zone would make the existing single-
family dwelling compliant with the zoning district. Under the existing CG zoning district, the
existing residence is considered a non -conforming use since residential use is not permitted to
be a principal use. Therefore, any expansions or alterations of the residence would be subject to
KMC Section 14.20.050 Nonconforming lots, structures, and uses.
On November 8, 2023, the City of Kenai Planning and Zoning Commission voted unanimously to
recommend the subject properties be rezoned from General Commercial to Suburban Residential
zoning district.
Attachments
Location Map
Letzing 1985 Subdivision (Plat No. 85-55)
P&Z Resolution PZ2023-19
Staff Report PZ2023-19
Page 2 of 2
The City of Kenai I www kenaixity
KENAI
Ordinance No. 3383-2023
Rezone from CG to RS
12021 1204, and 1206 First Avenue
And 103 Birch Street
Map for Reference Only
Date Printed: 1211212623
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NOT A LEGAL DOCUMENT
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STAFF REPORT
PLANNING &ZONING DEPARTMENT
KPkAI
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: November 8, 2023
SUBJECT: Resolution PZ2023-19 — Rezone Four (4) Parcels from General Commercial
(CG) to Suburban Residential (RS) Zoning District
Roquest
Staff
Recommendation
Applicants:
Parcel No.
04317028
04317029
04317030
04317013
Current Zoning:
Proposed Zoning:
Current Land Use
Land Use Plan
The applicants are requesting a rezone of four (4) parcels from
General Commercial (CG) to Suburban Residential (RS) Zoning
District.
Adopt Resolution PZ2023-19 recommending approval of a rezone of
four (4) parcels from General Commercial (CG) to Suburban
Residential (RS) Zoning District.
Nancy and Michael Wiles
1206 First Avenue
Kenai, AK 99611
Address Lot Size
1202 First Avenue 0.49-acre
1206 First Avenue 0.31-acre
1204 First Avenue 0.31-acre
Five D Investments LLC
c/o Ken Dunbar
P.O. Box 969
Kenai, AK 99611
Legal Description
Lot 1, Letzring 1985 Subd.
of Gov. Lot 169
Lot 2, Letzring 1985 Subd.
of Gov. Lot 169
Lot 3, Letzring 1985 Subd.
of Gov. Lot 169
103 Birch Street 1.25 acres Govt Lot 170
General Commercial (GC)
Suburban Residential (RS)
Single -Family Residence, Accessory Structures, and Vacant Parcels
Mixed -Use
SUMMARY
The applicants are seeking to rezone properties located at 1202, 1204, and 1206 First Avenue
and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district.
The purpose of the rezone is to allow additional affordable housing rather than commercial use
on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to
subdivide and construct a single-family dwelling unit on each lot. In the applicants' letter, it is
indicated that 103 Birch Street would be subdivide and four (4) single-family homes would be
constructed. However, Planning staff received the preliminary plat and it shows a 5-lot
subdivision. The preliminary plat is subject to compliance with KMC Chapter 14.10 Subdivision
Regulations and would come before the Planning & Zoning Commission for
review/recommendation at a later time contingent on the decision of the rezone. If approved, the
zone change would allow a residential use as a principal use, whereas under the existing zone,
CG, a residential use is only permitted as a secondary use.
ANALYSIS
Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated
by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned
contains a minimum one (1) acre (excluding street or alley rights -of -way) unless the amendment
enlarges an adjacent district boundary.
Three (3) out of the four (4) parcels are under the same ownership with the remaining parcel
owned by a different property owner. Both property owners jointly applied for the rezone;
therefore, meeting the initiation of a rezone application. To further support their request, the
applicants have provided a list of signatures from surrounding property owners/residents to
support their rezone petition. The combined area of the rezone is approximately 2.36 acres, which
exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand
the adjacent Suburban Residential zoning district to the north and east of the proposed rezone
area.
Existing and Proposed Zoning
The existing zoning is General Commercial (CG) and the intent as outlined in KMC Section
14.20.120 states the following:
The CG Zone is established to provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to
concentrate commercial development to the greatest extent possible and to
prevent any uses which would have an adverse effect upon nearby
properties. New single- and two (2) family residential uses and other
noncommercial uses, except as otherwise provided in this chapter, are not
permitted in this zone as principal uses because it is intended that land
classified in this zone be reserved for commercial purposes, and because a
commercial zone is not suited to the uses excluded above.
Findin, The proposed rezone area is surrounded by a commercial office/warehouse with
outdoor storage to the west, residential uses to the north and east, and a commercial center,
known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits
single-family and two-family residential uses unless it is a secondary use according to the land
use table found in KMC Section 14.22.010 as shown below (highlighted in yellow).
Resolution No. PZ2023-19
Rezone from General Commercial (CG) to Suburban Residential (RS)
1202, -04, -06 First Avenue and 103 Birch Street Page 2 of 6
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
N
C18
P
P
P
P
P
P
P21
S1
S2
S2
C22
P
P
P
SVC21
Dwelling
Two-, Three-
N
C18
P
P
P
P
P
P
P21
c'
C
C
C22
P
P
P
S1/C21
Family
Dwelling
Four -Family
N
C18
P
C3,29
P
N
N
P
p21
S1
C
C
C22
N
P
C
S1/C21
Dwelling
Five-, Six-
N
C18
C3
N
P
N
N
P
p21
S1
C
C
N
N
P
C
SVCz1
Family
Dwelling
Seven- or
N
C18
C3
N
C3
N
N
P
p21
S1
C
C
N
N
P
C
SVC21
More Family
Dwelling
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.
Resolution No. PZ2023-19
Rezone from General Commercial (CG) to Suburban Residential (RS)
1202, -04, -06 First Avenue and 103 Birch Street Page 3 of 6
In addition, CG zone allows for the widest range of commercial and industrial uses
compared to other commercial zoning districts. The existing CG zone is not a compatible
land use for this area since there are existing residential uses to the north and east of
the proposed rezone area and an existing single-family dwelling in the proposed rezone
area. While the site plan/landscaping review is intended to provide adequate buffers,
transitions, and impacts between commercial/industrial uses and residential uses, this
could be further implemented through a suitable zoning designation. The intent of the
CG zone is not compatible with the existing residential uses in the adjacent RS zoning
district to the north and east. There are other restrictive commercial zoning districts that
allows residential use as a principal use but it would provide a disconnect between the
existing CG zone to the west of the proposed rezone area.
The proposed zoning is Suburban Residential (SR) and the intent as outlined in KMC Section
14.20.090 states the following:
The RS Zone is intended to provide for medium density residential development in
areas which will be provided with common utility systems. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate
light, air, and privacy,
(2) To prohibit uses which would.
(A) Violate the residential character of the environment;
(8) Generate heavy traffic in predominantly residential areas.
The rezone to RS zone would increase the adjacent RS zoning district, which it is
anticipated that it would be developed in junction with the surrounding residential uses to the
north and east. Therefore, minimizing potential impacts of commercial development on
existing residential uses. As noted by the applicants, there is a need for additional housing
and this rezone would allow for residential uses without going through additional planning
processes.
Comprehensive Plan — Land Use Classification
The existing land use classification is Mixed -Use and the intent as outlined in the Imagine Kenai
2030 Comprehensive Plan ("Comprehensive Plan") states the following:
Mixed use is intended for a compatible mix of residential, retail, service, office,
public, institutional and recreational uses. Uses are co -located in an integrated
way that supports sustainable forms of transport such as public transport, walking
and biking, and increases neighborhood amenities. Compatibility issues are
addressed through careful site layout and building design.
Findir, The existing land use classification states a compatible mix of residential and
commercial uses. It is anticipated that this area will become residential uses. In the RS zone,
several commercial uses are permitted subject to a Conditional Use Permit (see attached
Land Use Table). The proposed rezone to RS zone would be consistent with the Mixed -Use
land use classification as identified in the Comprehensive Plan. Therefore, an amendment to
the land use map in the Comprehensive Plan is not required. During the 2016 Comprehensive
Resolution No. PZ2023-19
Rezone from General Commercial (CG) to Suburban Residential (RS)
1202, -04, -06 First Avenue and 103 Birch Street Page 4 of 6
Plan update, City Council passed Ordinance No. 2908-2016, approving and adopting a
revised 2030 Comprehensive Plan updated in 2016, which shows that the draft land use plan
map included in the Ordinance packet but it was not carry into the final version of the
Comprehensive Plan (see attached draft Land Use Plan map). This is important to note the
correct land use classification because it determines whether an amendment to the
Comprehensive Plan is required. If it was classified as General Commercial as it is shown in
the final version, then the City would need to make the findings for the Comprehensive Plan
amendment in addition to the rezone of the zoning district.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 9 — Quality of Life: Promote and encourage quality of life in Kenai.
• Q-4: Promote the siting and design of land uses that are in harmony and
scale with surrounding uses.
Findings: The proposed rezone to IRS would align with the current low to medium density
residential character of the neighborhood.
Existing Use
In the proposed rezone area, the only existing principal use is a single-family dwelling on the
property located at 1206 First Avenue, which is adjacent to the storage yard for the commercial
office/warehouse in the northwest corner of N. Spruce Street and First Avenue.
rindings: The proposed rezone to IRS zone would make the existing single-family dwelling
compliant with the zoning district. Under the existing CG zone, the existing residence is
considered a non -conforming use since residential use is not permitted to be a principal use.
Therefore, any expansions or alterations of the residence would be subject to KMC Section
14.20.050 Nonconforming lots, structures, and uses.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were
mailed to property owners within a three hundred -foot (300') periphery of the subject properties.
City staff published notice of the public hearing in the Peninsula Clarion, and notification was
posted.
No public comments have been received as -of -date.
This rezone request was previously advertised as a public hearing for Planning & Commission
meeting held on October 25, 2023. Due to discrepancies discovered by Planning staff, a staff
report and resolution was not included in the packet. Therefore, no action was taken at the public
meeting. However, due to the advertisement of the proposal as a public hearing, public testimony
was opened and the applicant, Nancy Wiles was present to support the rezone request. In
addition, Mr. Keith Shaffer, resident at 104 Birch Street was in support of the rezone to residential.
STr-
.ECOM ENi)ATIUN
Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning
Commission recommend approval of the rezone request for the properties located at 1202, 1204,
and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban
Resolution No. PZ2023-19
Rezone from General Commercial (CG) to Suburban Residential (RS)
1202, -04, -06 First Avenue and 103 Birch Street Page 5 of 6
Residential (RS) zoning district. Planning & Zoning Commission's recommendation will be
forwarded to City Council for consideration.
ATTACHMENTS
Zoning Map
Application Materials
Application
Letter of Intent
Aerial Map
Petition Signature List
KMC 14.22.010 Land Use
Table Draft Land Use Plan Map
Resolution No. PZ2023-19
Rezone from General Commercial (CG) to Suburban Residential (RS)
1202, -04, -06 First Avenue and 103 Birch Street Page 6 of 6
Nw
"X-
KENAI
7 7/
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Resolution PZ2023-19
Rezone from CG to RS
1202, 1204, and 1206 First Avenue
And 103 Birch Street
Map for Reference Only Date Printed: 11jBl2023
N NOT A LEGAL DOCUMENT
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0 80 160 320 Feet
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RECEWED
CITY OF
KE" City of Kenai
Rezoning SEp 18
Planning and Zoning department
2023 210 Fidalgo Avenue
XApplication P�ann , , ;i
Kenai, AK 99611
Zoning (907) 283-8200
g
planning@kenai.city
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www.kenal_citylplarining
Name: II 11
Mailing Address:
City:
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State:
I lZip
Code:
Phone Number(s):
F
Email:
Kenai Peninsula Borough Parcel # (s):
Physical Address:
IT tL
Legal Description:
Present Zone:
Proposed Zone:
5 ,,, - h Q e-- 7 u CL
Intended Use and/or Reason for Rezoning (attach additional sheets if necessary):
t ATT A-dfE"O
The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- YES
of -way), unless the amendment enlarges an adjacent zoning district boundary.
This proposed amendment to the zoning ordinance is not substantially the same as any other t9YES
unapproved proposed amendment submitted within the previous 9 months.
I understand a public hearing is required as outlined in the Kenai Zoning Code, a $250 fee is
required ($265 total after tax), and that this application will be reviewed following Kenai City V YES
Code 14.20.270, available at kenai.munlclpal.codes/KMC/14.20.270.
I have included a map of the proposed rezone area and applicable signatures_ YES
The proposed Zoning Code and Official Zoning Map Amendments Is initiated by (check one):
❑ Kenai City Council
❑ Kenai Planning & Zoning Commission
W Petition of majority of the property owners In the area to be rezoned
Petition bearing the signatures of 50 registered voters within the City of Kenai
❑ Petition as provided by the Home Rule Charter of the City of Kenai
-
Signature: .y (aiITZ
Printed Name: L1Ai f /`
-Date=
For City Use Only Date Application Fee Received:
PZ Resolution Number,
Rezoning Application
Nancy & Michael Wiles
1206 First Avenue
Kenai, AK 99611
(907) 398-6613
nlwiles hotmail.com
Ken Dunbar
P.O. B4;969
Kenai, AK 99611
(907) 947-3000
kdunbar@dunba_randsons.com
Kenai Peninsula Borough Parcel Numbers/Physical Address/Legal Descripdon:
04317028 1202 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0950055
Letzring 1985 SUB OF GOUT LOT 169 LOT 1
04317029 1206 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0950055
Letzring 1985 SUB OF GOVT LOT 169 LOT 2
04317030 1204 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055
Letzring 1985 SUB OF GOVT LOT 169 LOT 3
04317013 103 Birch St T 6N R 11W SEC 31 Seward Meridian KN GOVT LOT 170
Intended Use and/or Reason for Rezoning:
As property owners of the above lots, we request they be rezoned from Central Commercial to
Suburban Residential. it is our belief that the community is better served with additional
affordable housing rather than commercial use in this area. As attested by the 56 neighborhood
signatures (as well as our two), our neighbors agree and wish to have homes built in this area.
Rezoning to SR would bring this section of the block into alignment with the current
neighborhood.
Mr. Dunbar wishes to subdivide and build four single family homes on the 103 Birch St. lot. The
City would benefit from having the additional tax base of the completed homes, as well as the
income from water and sewer utilities. The community would benefit by having affordable
rental properties in a convenient location.
The Wiles originally purchased 1202 and 1204 First Ave. in order to be able to gift or sell a lot to
each of their children in order to build a home or cabin. There is the potential of two more
homes being built. They have lived in the home at 1206 First Avenue since 1985.
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PETITION TO REZONE
hamplate
Subiect Mager: We petition the city of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner of Birch Street and First Avenue. (Government lot
170 and Letzring Subdivision, formerly Government lot 169)
The property at 1202, 1204, 1206 First Avenue and the adjoining lot at 103 Birch Street are
currently zoned General Commercial. We request this land be rezoned to Suburban
Residential to bring it into alignment with the majority of the surrounding area. We
welcome the opportunity to have more homes built in our neighbourhood, and see no need
for commercial property at this site as there is plenty of land zoned commercial in more
appropriate areas of Kenai.
Name:'
Address: I i b k5i rC K S• -
Signature: ,fir
Name:t.
Address: 1,0 tj t kZJ--.'
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Name:���.
Address:
Signature,
Name; V i C. �'o C x Ck
Address: t ( ( rck
Signature: // f,
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PETITION TO REZONE
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amplateLAB
Sub ect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner of Birch Street and First Avenue. (Government lot
170 and Letxring Subdivision, formerly Government lot 169)
Name: �1r✓Y { ` �� v^
Address; q t�
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Signature:c_
Name:;t
Address: t Z ,�• �° v �c t ��x':'1r��(J� �'' f
Signature:
i
Name: y jCC c? f� ,' i 1 r'f�
Address:
Signature: , - 1i-f
Name:
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Address:
Signature: -
Name:•
Address:
Signature:,
Name: ' � J-11
Address: L(
Signature:
0 templatelab.com
t 9!4
PETITION TO REZONE l empkite
Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner of Birch Street and First Avenue. (Government lot
170 and Letzring Subdivision, formerly Government ]at 169)
zri, iwl�-
Name: . 2 l q . 5 • G'-.�
Address: j—/�, Ab"I
Signature: e} ,L4&— --'
Name: .1114 AlCM -DAI (� L(r
Address:
Signature:
i�
Name: cy ,�
Address:
Signature:
�r I
Name:
Address: �1'� t`�t•1-► ��
Signature:
Lk'P_ Z
Name: � �`t �
Address: 1 O i-\ 7 ' ap-R-
Signature:
tG
Name:
Address.
Signature: n
0 ternplatelab.com
Ah(s
PETITION_ TO REZONE
Qy R"
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Subiect Matted We petition the C+ty of Kenai to Amend tlxe Kenai Zoning Code and the
official Map for Property at the corner of Birch Street and First Avenue. (Government lot
170 and letzring Subdivision, formerly Government lot 169)
Name: '7 . a � a v+ ��V L�►-r�' ✓
Address:
Name: : �1� \ o-
Address: I aU U
Marne; � �� 5 + R�w-
Address;
Signature:
Name: iv Hwen
Address: 3YU, J
Signature: LH 14AOV-N
Name: Trw� A'WAS&A
Address: li'
Signature,.:.����,.,
Name: �+ ,
Address: i
Signature:`"`
Ki
I
IXI
0 templatelab.com
PETITION. TO REZONE
Jim Av
MeLAS..
5uhriect Matter; We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner of Birch Street and First Avenue. (Government tot
170 and Letzring Subdivision, formerly Government lot 169)
g,�fc,?}
!Name:
Address: 3G
Signature:
Name: f
Address:
Signature:
Name: �+l�,l t i �_ �o ��l�
Address: � 02-- 6itC- h �)+
Signatures 6&6`3
Name: 4 1 I p-v+.. I�o`
Address: oZ 6(, c -�-L 5 `
Signature:
Name: 3iU,57 yv1
Address: -,, 0(o 16v Y'C)Vv S)c
Signature:
Name.:er�-c-,
Address: 40 (V 1
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Signature:
V �q
ID temptateiab.com
PETlTiON TO REZONE
! Vey
jm. WeLAB
Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner c f Birch Street and Rrst Avenue. (Government lot
170 and Letzring Subdivision, formerly Government lot 169)
,C
Name: i�Cuj ����
Address:
jb ST
Signature: f
Name: ! ^ 2 L
Address:
Signature: �.-
�i
Name: { L'.) , .s-� `�•
Address: ► t i 5=i°�.tr� i. qq4
Signature: ,,,. '
Aee *lam 32-
Address: J t I 1 � � KOA) A4—
Signature:: 65-11
Name: { L
Address,
Name: ,ice N'If✓" L_._
Address:
Signature:
0 tempiatetab.com
'n 6V
PETITION TO REZONE
Sub ect Matter We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the comer of Birch Street and First Avenue. (Government lot
DO and Letxring Subdivision, formerly Government lot 169)
Name: G�EIMA /Yi, S6cjBAR tit GE,A/
Address: 1,017 91RGK 5577—
jL./yZ
Name: I' t CL- (7 DK
U
a ` `l
Address: � � �'"�C., Ofy\CU
Signature: j r
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Name:
Address:A�.ile
Signature:
33
Name: E,06C—> V; t K�trtt1
Address: I -D(q - �69
Signature:?r'�
Name: f
Address:A C1 ,, f , �o /I e
Signature:��
Name:� 1 ° 0
Address, (? 0:3 q+h Ave., k2.Lta,t t AK,
Signature:
O templatelab.corn
{ Lmpklek./
PETITION TO REZONE �
Sublets Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner -of Birch Street and First Avenue. (Government lot
170 and Letzring Subdivision, formerly Government lot 169)
Name:
Address: PI-3 C,\,A
Signature:,_► ��---
LlaL
Name:�.)at62MGCk"'.
Address:
Signature:
143
Name: l `c�r1? 7 l��en� -/T-jr�
Address: 3l C
Name: I l Cr Le—, b,C� •+- �f�t.
Address:
Signature:
f
Name:
Address:
Signature:
Name:
Address: 1
Signature:
0 templatelab.com
PETITION TO REZONE
AiH`.V
TL eLAB
Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the
Official Map for Property at the corner of Birch Street and First Avenue. (Government lot
170 and tetzMg Subdivision, formerly Government lot 169)
Name: li of AC% 15hka k
Address: I-Lj o A4i^ ,�, u , A V qq 41(
Signature: \y�,.�..
Name: Wpm".", I t IkA.V\
Address: 11- t or,,) "i Aj F, K60 1 k q16 t 1
Signature:
Name: Pbcrvur#vv'
Address: j -1 J), wd "ter I� `v! r 1k
Signature:
Name, ekac-tCJL C 6
Address: } q:!Ip
Signature,
Name: Q1C06b cv b
Address: U1, 14 Ave K""f 'tom
Signature:
Name: UA DE 1'10)(C,4\r`1
Address: ? (r 13(fC-u
Signature-
0 tempiatelab.com
PETITION TO REZONE
'WEY
emplate:'
Subject Matter: -We petition the City of Kenai to Amend the Kenai Zoning Code and the
Offieial Map for Property at the comer of Birch Street and First Avenue, (Government lot
170 and Letzring Subdivision, formerly Government lot 169)
Name: ft "V 4 0 L
Address:
Signature:
Vy-iA"'
Name; f a 1 iic
Address: ! n Abr-e-
Signature: po
Name:
Address: 1.9 -el'(4
Signature,
Person lodging this petition its:
Name:
Address: ( -Fi('S t A UQ
Signature:
KeAn.s AK q'GII
Person lodging this petition is:
Name:"Vj 1"'rsf�c�% r
Address:��-G/�%4��r��
Signature:
Q templatelab.com
KMC 14.22.010, Land use table
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
Page 1 of 9
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES
ALI
C
RR
RRA
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
SVC21
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
SVC21
Mobile Home Parks6
N
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
N
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses4
N
C18
0
0,29
0
0
0
C3
C
C
C
C
C22
C
C
C
C
Accessory Building on Parcel
Without Main Building or Use (See
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 2 of 9
KMC 14.20.200)
COMMERCIAL
Airport Compatible Uses
P
N
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
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
Facility"
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
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
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 3 of 9
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
C
N
N
C
C
C
C
C
N
C
N
N
C
Necessary Aviation Facilities
P
P
C
C
C
C
C
P
P
P
P
C
P
C
P
P
Automotive Repair
P
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/Assembly
P
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini -Storage Facility
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
C
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/INSTITUTIONAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
N
C
P10
P10
P10
P10
P10
P10
P10
P10
C
C
P
P10
P
P
P
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 4 of 9
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
Kenne113
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
P11
P15
P15
P15
P15
C
P
N
P1s
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
Transmitters/Cell Sites** 28
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
Crematories/Funeral Homes
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 5 of 9
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/C21
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)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 6 of 9
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 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;
IN 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.
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 7 of 9
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.
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.
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table
Page 8 of 9
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.
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 Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
KMC 14.22.010, Land use table Page 9 of 9
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 -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 3363-2023, passed July 5, 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.
The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023.
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