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HomeMy WebLinkAbout2024-02-12 Planning & Zoning Packet - Joint Work Session with Harbor CommissionKENAI PLANNING & ZONING COMMISSION HARBOR COMMISSION JOINT WORK SESSION FEBRUARY 12, 2024 - 4:30 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 *Telephonic/Virtual Information Below* www.kenai.city A.CALL TO ORDER B.PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) C.COMMISSION DISCUSSION 1.Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels from Industrial to Mixed-Use. (Knackstedt) [Referred to the Harbor Commission and Planning & Zoning Commission; City Council Public Hearing Scheduled for February 21, 2024.] ................................................ Pg. 2 2.Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District, Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District. (Knackstedt) [Referred to the Harbor Commission and Planning & Zoning Commission; City Council Public Hearing Scheduled for February 21, 2024.] .............................................................................................................................. Pg. 9 D.ADDITIONAL PUBLIC COMMENT E.ADJOURNMENT Join Zoom Meeting OR https://us02web.zoom.us/j/82225854222 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 822 2585 4222 Meeting ID: 822 2585 4222 Passcode: 712646 Passcode: 712646 1 Sponsored by: Vice Mayor Knackstedt New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3391-2024 AN ORDINANCE AMENDING THE IMAGINE KENAI 2030 COMPREHENSIVE PLAN LAND USE PLAN MAP FOR CERTAIN PARCELS FROM INDUSTRIAL TO MIXED-USE. WHEREAS, the City of Kenai as a Home Rule City has been delegated authority by Kenai Peninsula Borough Ordinance 90-31 to make land use plan amendments to the City of Kenai Comprehensive Plan; and, WHEREAS, the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) contains the goal to support a vision for the City to implement a forward-looking approach to community growth and development by establishment of several different zoning districts that reflect the needs of each district and suited to current and probable future growth; and, WHEREAS, the City contracted with McKinley Research Group, LLC (consultant) to provide a Waterfront Redevelopment and Vision Assessment of properties between the Kenai River and Bridge Access Road beginning at Millennium Square to the Boat Launch; and, WHEREAS, the consultant coordinated public vision work sessions and held meetings that established a preferred concept which provides for the greatest build-out and the most opportunities for economic development in the area; and, WHEREAS, the study team found that the community of Kenai supports new development in the project area but not at the expense of impacting the existing uses, primarily seafood plant operations; and, WHEREAS, the community shared a vision for the waterfront revitalization to be authentic, protective of the river and natural environment, assessable year-round and to provide economic opportunities; and, WHEREAS, the Comprehensive Plan acknowledges the decline for demand of large industrial sites and the commercial fishing industry but indicates the need to maintain the viability of existing industry as a land use and economic priority; and, WHEREAS, the current land use designation for the waterfront area is Industrial (IN); and, WHEREAS, in the Comprehensive Plan, Mixed Use (MU) is intended for a compatible mix of residential, retail, service, office, public, institutional, and recreational uses; furthermore, uses are co-located in an integrated way that supports sustainable forms of transportation such as public transport, walking and biking, and increases neighborhood amenities while compatibility issues are addressed through careful site layout and building design; and, WHEREAS, it is the best interest of the City of Kenai to amend the Comprehensive Plan Land Use Designation from IN to MU to support the rezoning of the waterfront area; and, WHEREAS, the Harbor Commission and the Planning and Zoning Commission held a joint work session on _______________ to discuss the proposed ordinance to create a waterfront zoning district and amend the Comprehensive Plan; and, 2 Ordinance No. 3391-2024 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of _____________, 2024 recommended __________________ on amendment of the Comprehensive Plan Land Use Designation. WHEREAS, the Harbor Commission at its regularly scheduled meeting of _______________, 2024 recommended __________________ on amending the Comprehensive Plan Land Use Designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of the Land Use Plan Map in the Comprehensive Plan: That Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map is hereby amended as follows: Reclassify the following parcels from Industrial (IN) to Mixed Use (MU) land use classification. Legal Description Parcel ID Tract E, Daubenspeck Property Subdivision 04705703 Portion of Alaska Tidelands Survey 98 04705702 Tract C, US Survey 104, Amended Tracts A, B, & C 04901113 Tract C, US Survey 104, Amended Tracts A, B, & C 04901112 Tract A, Kenai Tidelands Survey No. 1 04901121 Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying North & Northwest & Northeast of US Survey 4563 Amended, Section 4, T5N R11W Lot 3, US Survey 4563 Amended Lot 2, US Survey 4563 Amended Alaska Tidelands Survey 82 Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563 Amended, Section 4, T5N R11W Lot 1, Kristine Subdivision No. 1 Lot 2, Kristine Subdivision No. 1 Tract B, Kenai Tidelands Survey No. 2 Tract C, Kenai Tidelands Survey No. 2 Lot 3A, Kristine Subdivision Jahrig Addition Lot 3B, Kristine Subdivision Jahrig Addition Lot 3C, Kristine Subdivision Jahrig Addition Lot 1, Baron Wood Subdivision 04901131 04901123 04901124 04901125 04901130 04901133 04901134 04901132 04901404 04901136 04901137 04901138 04901312 3 Ordinance No. 3391-2024 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Lot 2, Baron Wood Subdivision US Survey 678 Amended Alaska Tidelands Survey No. 770 Alaska Tidelands Survey No. 114 Lot 3, Baron Wood Subdivision No. 2 Lot 4A, Baron Wood Subdivision No. 2 Lot 5A, Baron Wood Subdivision No. 2 Lot 8, Baron Wood Subdivision Tract E, Boat Ramp Subdivision Tract F-1, Alaska State Land Survey No. 2012-04 Tract F-2, Alaska State Land Survey No. 2012-04 Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half) 04901313 04901401 04901403 04901402 04901314 04901321 04901322 04901320 04945009 04945011 04945012 04945002 Attached is Exhibit “A” illustrating the proposed land use reclassification area. 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. Section 3. 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 21ST DAY OF FEBRUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: January 17, 2024 Enacted: February 21, 2024 Effective: March 22, 2024 4 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor Knackstedt DATE: January 10, 2024 SUBJECT: Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels from Industrial to Mixed-Use This Ordinance seeks to amend the Land Use Plan Map in the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) to align with the vision of the waterfront development area. In the Waterfront Redevelopment and Vision Assessment, the community shared a vision for the waterfront revitalization to be authentic, protective of the river and natural environment, assessable year-round and to provide economic opportunities. In the Comprehensive Plan, the waterfront development area has an Industrial (IN) land use classification, which does not align with the vision for the waterfront revitalization. The Ordinance will amend the Land Use Plan Map of the waterfront development area for certain parcels from Industrial (IN) to Mixed Use (MU) Land Use Classification to support the rezone of the waterfront development area. Your consideration is appreciated. Attachments Existing Land Use Map Proposed Land Use Map City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city 5 N Ordinance 3391-2024 Existing Land Use Map Map for Reference Only NOT A LEGAL DOCUMENT ~ Land Use Reclassification Area 1111 Suburban Residential 1111 General Commercial CJ Central Commercial Low Density Residential 1111 Airport Industrial 1111 Mixed Use 1111 Industrial Institutional Parks, Recreation & Open Space _____ I Date Printed: 1/10/2024 ,0 ............... , ,.,............., A. 500 1,000 2,000 Feet 6 N Ordinance 3391-2024 Proposed Land Use Map Map for Reference Only NOT A LEGAL DOCUMENT ~ Land Use Reclassification Area 1111 Suburban Residential 1111 General Commercial CJ Central Commercial Low Density Residential 1111 Airport Industrial 1111 Mixed Use 1111 Industrial Institutional Parks, Recreation & Open Space _____ I Date Printed: 1/10/2024 ,0 ............... , ,.,............., A. 500 1,000 2,000 Feet 7 N Exhibit A Ordinance 3391-2024 Land Use Map Amendment Map for Reference Only NOT A LEGAL DOCUMENT t:J Land Use Reclassification Area -Mixed Use Date Printed: 1/10/2024 ,0.-------.------, ,.--------.-----, A. 500 1,000 2,000 Feet 8 Sponsored by: Vice Mayor Knackstedt New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3392-2024 AN ORDINANCE AMENDING THE KENAI ZONING CODE TO ADD A NEW ZONING DISTRICT, WORKING WATERFRONT (WW) AND AMENDING THE OFFICIAL ZONING MAP FOR CERTAIN PARCELS FROM HEAVY INDUSTRIAL (IH) TO WORKING WATERFRONT (WW) OR CONSERVATION (C) ZONING DISTRICT. WHEREAS, the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”), identified a Land Use objective to review revitalization strategies for the area adjacent to Bridge Access Road beginning at Millennium Square to the boat landing; and, WHEREAS, in 2021, the City funded the Kenai Waterfront Revitalization Assessment (“Assessment”) for revitalization strategies to maximize the potential of the waterfront area to support a thriving business, residential, recreational, and cultural community; and, WHEREAS, within the “Assessment”, it outlined recommended next steps to address the dire planning needs by preparing a Waterfront Master Plan and conducting a Civic Center Market Assessment and Feasibility Analysis; and, WHEREAS, due to the emerging interests in the waterfront area from the public engagement conducted for the Assessment, there is a sense of urgency for the waterfront rezone to promote new development or redevelopment that is consistent with the vision and findings in the Assessment; and, WHEREAS, the Comprehensive Plan acknowledges the decline for demand of large industrial sites and the commercial fishing industry but indicated the need to maintain the viability of existing industry as a land use and economic priority; and, WHEREAS, the creation of a new zoning district, Working Waterfront (WW) would allow certain commercial uses by-right and protect existing uses that align with the vision of the waterfront development, as identified in the Assessment; and, WHEREAS, the proposed rezone from Heavy Industrial (IH) to WW Zone would be consistent with Ordinance 3391-2024, amending the Comprehensive Plan to reclassify the future land use of the proposed rezone area from Industrial (IN) to Mixed Use (MU), which envisions a compatible mix of residential, retail, service, office, public, institutional, and recreational uses; and, WHEREAS, the proposed rezone includes parcels outside of the designated waterfront development area, which are primarily wetlands parcels to Conservation (C) Zone for compatibility with the surrounding area and consistency with the Land Management Plan and Comprehensive Plan; and, WHEREAS, the Harbor Commission and the Planning and Zoning Commission held a joint work session on _______________ to discuss the proposed ordinance to create a waterfront zoning district and amend the Comprehensive Plan; and, 9 Ordinance No. 3392-2024 Page 2 of 17 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of _____________, 2024 recommended __________________ on amending the Kenai Municipal Code (KMC) to add a new zoning district and rezone the waterfront area; and, WHEREAS, the Harbor Commission at its regularly scheduled meeting of _______________, 2024 recommended __________________ on amending the KMC to add a new zoning district and rezone the waterfront area; and, WHEREAS, it is the best interest of the City of Kenai to amend KMC to add the Working Waterfront Zone and amend other KMC Sections, which are consistent with the waterfront land uses identified in the Assessment; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone certain parcels from Heavy Industrial to Working Waterfront zoning district to promote opportunities for economic development, redevelopment, and use of land that do not impact the existing uses in the area; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone certain parcels south of the waterfront redevelopment area from Heavy Industrial to Conservation zoning district to preserve the open areas, watershed, and wildlife reserves. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Subsection 14.20.030(a) of Kenai Municipal Code: That Kenai Municipal Code, Subsection 14.20.030(a) Adoption of Zones and Zoning Map is hereby amended as follows: (a) Adoption of Zones and Zoning Map. The City of Kenai is divided into the following zones: Conservation C Zone Rural Residential RR Zone Suburban Residential RS Zone Rural Residential RR-1 Zone Suburban Residential RS-1 Zone Suburban Residential RS-2 Zone Urban Residential RU Zone Central Commercial CC Zone General Commercial CG Zone Limited Commercial LC Zone Light Industrial IL Zone Heavy Industrial IH Zone 10 Ordinance No. 3392-2024 Page 3 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Recreational R Zone Townsite Historic TSH Zone Education Zone Central Mixed Use Working Waterfront ED Zone CMU Zone WW Zone These zones shall be bounded and defined as shown on the official zoning map, which shall be kept on file at Kenai City Hall. This official zoning map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. Section 2. Amendment of Chapter 14.20 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.20 Kenai Zoning Code is hereby amended as follows: 14.20.128 Working Waterfront Zone (WW Zone). (a) Intent. The WW Zone is established to provide the following purposes: (1) To encourage, protect and maintain water-dependent and water-related uses; (2) To encourage development of park space, pedestrian connections, and public recreational space; (3) To provide appropriately located areas for commercial/economic enterprises, tourism, or recreation for the convenience of the public and in mutually beneficial relationships to each other; (4) To provide space for community facilities and institutions that appropriately may be located in areas; (5) To provide adequate space to meet the needs of commercial development, including off-street parking and truck loading areas; (6) To minimize traffic congestion and create a safe and continuous pedestrian connection; (7) To protect non-industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses; (8) To encourage new development to maintain a certain relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks; and (9) To protect and maintain certain industrial uses that require waterfront locations. (b) Principal Permitted Uses. As allowed in the Land Use Table. (c) Conditional Uses. As allowed in the Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses. As defined in this chapter. (e) Home Occupations. Uses as allowed in this chapter. (f) Parking Requirements. As required by this chapter. 11 Ordinance No. 3392-2024 Page 4 of 17 New Text Underlined; [DELETED TEXT BRACKETED] (g) Development Requirements. As required by this title. (h) Landscaping. As required in KMC 14.25. Section 3. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 Land Use Table is hereby amended as follows: 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 R R- 1 RS RS -1 RS-2 R U CC C G IL IH E D R TS H LC CMU WW RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C2 2 P P P S1/C21 C Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C2 2 P P P S1/C21 P Four-Family Dwelling N C18 P C3 ,29 P N N P P21 S1 C C C2 2 N P C S1/C21 P Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 P Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 P Mobile Home Parks6 N N C N C C C C C C C C N C N N C N Planned Unit Residential Development7 N C18 C C2 9 C C C C C C C C N C C C C P 12 Ordinance No. 3392-2024 Page 5 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Townhouses4 N C18 C3 C3 ,29 C3 C3 C3 C3 C C C C C2 2 C C C C C32 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 N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C C Adult Businesses N N N N N N N N P31 P3 1 P3 1 P3 1 N N N N N N Automotive Sales C N C N N N N C P P P P N N N N P N Automotive Service Stations C N C N N N N C P P P P N C N N P C32 Banks C N C N C N N C P P P C N C C C P P Business/Consumer Services C N C C C N N C P P P C N C C C P P Commercial Recreation N N C N C N N C P P C C N P C C P P Guide Service C N C N C N N C P P P P N P P C P P Hotels/Motels C N C N C N N C P P P C N C P C P P Lodge C N C N C N N C P P P C N P P C P P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N N 13 Ordinance No. 3392-2024 Page 6 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C N Professional Offices C N C C C N N P P P P P N C P P P P Restaurants C N C N C N N C P P P C N C C C P P Retail Business C N26 C N C N N C P P P P S2 4 S2 4 C C P P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C C Theaters N N C N C N N C P P C C N P C C P P Wholesale Business C N C N C N N C C P P P N S2 4 C C N N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P C Automotive Repair P N C N C N N C P P P P N N N N P C32 Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N C Manufacturing/Fabrica ting/Assembly P N C N C N N C C P P P N C C N C C Mini-Storage Facility C N C N C N N C C P P P N N N C C N Storage Yard C N C N C N N C C P P P N N N N C C32 Warehouses C N C N C N N C N P P P N C N N N C PUBLIC/INSTITUTIO NAL Assisted Living N C C C C C C C C C C C C C C C C C 14 Ordinance No. 3392-2024 Page 7 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Churches* N C P10 P1 0 P10 P10 P10 P1 0 P10 P1 0 C C P P1 0 P P P P Clinics N C C N C C C C P P P C C C C P P P Colleges* N C C C2 9 C C C C P P C C P C C C P P Elementary Schools* N C C C2 9 C C C C P P C C P C C C P P Governmental Buildings P C C C2 9 C C C C P P P C P C C P P P High Schools* N C C C2 9 C C C C P P C C P C C C P P Hospitals* N C C N C C C C P P P C C C C C P P Libraries* N C C C2 9 C C C C1 2 P P P C P C P C P P Museums C C C C2 9 C C C C P P P C P C P C P P Parks and Recreation N P C C2 9 C C C C P P P P P P P C P P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P1 5 P1 5 P1 5 P1 5 C P N P15 P Bed and Breakfasts N C C C C C C C C C C C N P C C P P Cabin Rentals N C C N C N N N P P P C N P P C P P Cemeteries P C C N C N N N N C C C N C C N N N 15 Ordinance No. 3392-2024 Page 8 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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 C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C N Day Care Centers12 N C C C2 9 C C C C P P P C C C C P P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P2 3 C C C P P Essential Services P 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 C 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 P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P 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 P Parking, Public Lots12 C C C N C 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/C 27 P P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N C 16 Ordinance No. 3392-2024 Page 9 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N 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: 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. 17 Ordinance No. 3392-2024 Page 10 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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: 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. 18 Ordinance No. 3392-2024 Page 11 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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 19 Ordinance No. 3392-2024 Page 12 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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). 32 Allowed as a conditional use; provided, it is a maritime-related use to accommodate recreational boating activities, recreational facilities, accessory uses, and service facilities. Section 4. Amendment of Chapter 14.24 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.24 Development Requirements Tables are hereby amended as follows: 14.24.010 Minimum lot area requirements. Table 14.24.010. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/T SH ALI/IL/IH/ CC/CG/CMU/ WW R ED LC MINIMUM LOT AREA (square feet) See individual sections of Code for requirements. Single/Two/Three Family Dwelling 20,000 20,000 7,200 12,500 7,200 7,200 20,000 20,000 12,500 Four Family Dwelling 20,000 22,400 9,600 N N 7,200 N N 12,500 Five Family Dwelling 22,400 N 12,000 N N 7,200 N N 12,500 Six Family Dwelling 24,800 N 14,400 N N 7,200 N N 12,500 Seven or More Family Dwelling 27,200 + 2,400 for each N 16,800 + 2,400 for each N N 7,200 N N 12,500 20 Ordinance No. 3392-2024 Page 13 of 17 New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/T SH ALI/IL/IH/ CC/CG/CMU/ WW R ED LC unit over 7 unit over 7 Maximum Height (feet) 35 35 35 35 35 35 Key: N = Not allowed. Footnotes: 1 Listed square footages are the minimum required for each zone. 2 Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. 3 Minimum lot size for non-residential uses in ED zone is 40,000 square feet. 4 Minimum lot size for residential uses in the CMU zone is 7,200 square feet. 14.24.020 General Requirements. Table 14.24.020. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/TSH ALI/IL/IH/CC/CG/ CMU/WW R ED LC MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback1 20 20 20 20 20 10 20 20 20 20 Side Setback2 One-Story3 15 15 5 5 5 5 10 15 15 15 Daylight Basement/Split Level3 15 15 10 10 10 5 10 15 15 15 21 Ordinance No. 3392-2024 Page 14 of 17 New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/TSH ALI/IL/IH/CC/CG/ CMU/WW R ED LC Two-Story3 15 15 15 15 15 54 10 15 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30% Maximum Height (feet) 35 35 35 35 35 35 Footnotes: 1 Provided that the minimum front setback is measured from any right-of-way or access easement. 2 Side setbacks are determined based on the primary vehicular access of the structure. Plot plan/as-built will distinguish single and two-story portions of building to verify setback distances are met. 3 Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. 4 Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. 5 Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this title. The building restriction line identified on the Airport Layout Plan must be maintained. 6 All structures in aircraft-approach zones and within eight thousand feet (8,000') of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Layout Plan. 14.24.030 Addendum to development requirements tables. 22 Ordinance No. 3392-2024 Page 15 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Section 5. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Working Waterfront (WW) zoning district. Legal Description Parcel ID Tract E, Daubenspeck Property Subdivision 04705703 Portion of Alaska Tidelands Survey 98 04705702 Tract C, US Survey 104, Amended Tracts A, B, & C 04901113 Tract C, US Survey 104, Amended Tracts A, B, & C 04901112 Tract A, Kenai Tidelands Survey No. 1 04901121 Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying North & Northwest & Northeast of US Survey 4563 Amended, Section 4, T5N R11W Lot 3, US Survey 4563 Amended Lot 2, US Survey 4563 Amended Alaska Tidelands Survey 82 Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563 Amended, Section 4, T5N R11W Lot 1, Kristine Subdivision No. 1 Lot 2, Kristine Subdivision No. 1 Tract B, Kenai Tidelands Survey No. 2 Tract C, Kenai Tidelands Survey No. 2 Lot 3A, Kristine Subdivision Jahrig Addition Lot 3B, Kristine Subdivision Jahrig Addition Lot 3C, Kristine Subdivision Jahrig Addition Lot 1, Baron Wood Subdivision Lot 2, Baron Wood Subdivision US Survey 678 Amended Alaska Tidelands Survey No. 770 Alaska Tidelands Survey No. 114 Lot 3, Baron Wood Subdivision No. 2 04901131 04901123 04901124 04901125 04901130 04901133 04901134 04901132 04901404 04901136 04901137 04901138 04901312 04901313 04901401 04901403 04901402 04901314 23 Ordinance No. 3392-2024 Page 16 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Lot 4A, Baron Wood Subdivision No. 2 Lot 5A, Baron Wood Subdivision No. 2 Lot 8, Baron Wood Subdivision Tract E, Boat Ramp Subdivision Tract F-1, Alaska State Land Survey No. 2012-04 Tract F-2, Alaska State Land Survey No. 2012-04 Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half) 04901321 04901322 04901320 04945009 04945011 04945012 04945002 Attached is Exhibit “A” illustrating the area of the proposed zone change. Section 6. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Conservation (C) zoning district. Legal Description Parcel ID Tract A, City of Kenai Boat Ramp & ROW Dedication (Southern Half) 04945002 Tract B, City of Kenai Boat Ramp & ROW Dedication 04945003 Tract C, City of Kenai Boat Ramp & ROW Dedication 04945004 Tract D, City of Kenai Boat Ramp 04945005 Govt Lots 6, 7, 10 and SE1/4 SE1/4 in Section 8 & Govt Lot 6 and SE1/4 NE1/4 and SE1/4 and NE1/4 SW1/4 and S1/2 SW1/4 Section 9 & Govt Lots 1, 4-6 and NE1/4 NE1/4 Section 17 excluding the Kenai River crossing ROW, T5N R11W (West Side of Bridge Access Road) 04910014 Attached is Exhibit “A” illustrating the area of the proposed zone change. Section 7. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. 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 21ST DAY OF FEBRUARY, 2024. ___________________________________ 24 Ordinance No. 3392-2024 Page 17 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: January 17, 2024 Enacted: February 21, 2024 Effective: March 22, 2024 25 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor Knackstedt DATE: January 10, 2024 SUBJECT: Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District, Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District This Ordinance seeks to amend the Kenai Zoning Code and Official Zoning Map in response to the efforts and vision that resulted from the Kenai Waterfront Revitalization Assessment. This is a first step towards the long-term planning efforts of redeveloping the waterfront area. The Ordinance will add a new zoning district, Working Waterfront (WW) Zone to the Kenai Zoning Code with corresponding code amendments to the land use table and development requirements tables. In addition, it will amend the Official Zoning Map of the waterfront development area for certain parcels from Heavy Industrial (IH) to WW Zone. With staff’s recommendation, wetlands parcels to the south of the waterfront development area will be rezoned from IH to Conservation (C) Zone for compatibility with the surrounding area and consistency with the Land Management Plan and Comprehensive Plan. Your consideration is appreciated. Attachments Existing Zoning Map Proposed Zoning Map City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city 26 N Ordinance 3392-2024 Existing Zoning Map for Reference Only NOT A LEGAL DOCUMENT Parcels c::::J Conservation 1111 Rural Residential Suburban Residential General Commercial Central Mixed Use 1111 1111 CJ 1111 1111 Date Printed: 1/9/2024 ' 0 -1 ,..............1 I A. 500 1,000 2,000 Feet K~NAI I I I I I I Heavy Industrial 27 N Ordinance 3392-2024 Proposed Zoning Map for Reference Only NOT A LEGAL DOCUMENT c::::J Rezone Area c:::J Parcels 1111 Conservation 1111 Rural Residential 1111 Suburban Residential � General Commercial 1111 Central Mixed Use 1111 Heavy Industrial Date Printed: 1/10/2024 '0-1 1,..............1 A.500 1,000 2,000 Feet I I I t I I 28 N EXHIBIT A Ordinance 3392-2024 Zoning Map Amendment Map for Reference Only NOT A LEGAL DOCUMENT Parcels c:::J Conservation 1111 Working IIII Waterfront Date Printed: 1/10/2024 ! 0.--, .---, ,..........., ,,...........,,..........., ............... ,___,, A. 500 1,000 2,000 Feet 29 KMC Chapter 14.22, Land Use Table Page 1 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Chapter 14.22 LAND USE TABLE Sections: 14.22.010 Land use table. 14.22.010 Land use table. LAND USE TABLE KE Y: 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 WW RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 C Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 P Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 P Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 P KMC Chapter 14.22, Land Use Table Page 2 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 P Mobile Home Parks6 N N C N C C C C C C C C N C N N C N Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C P Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C C32 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 N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N N Automotive Sales C N C N N N N C P P P P N N N N P N Automotive Service Stations C N C N N N N C P P P P N C N N P C32 Banks C N C N C N N C P P P C N C C C P P Business/Consumer Services C N C C C N N C P P P C N C C C P P Commercial Recreation N N C N C N N C P P C C N P C C P P KMC Chapter 14.22, Land Use Table Page 3 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Guide Service C N C N C N N C P P P P N P P C P P Hotels/Motels C N C N C N N C P P P C N C P C P P Lodge C N C N C N N C P P P C N P P C P P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N 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 N Professional Offices C N C C C N N P P P P P N C P P P P Restaurants C N C N C N N C P P P C N C C C P P Retail Business C N26 C N C N N C P P P P S24 S24 C C P P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C C Theaters N N C N C N N C P P C C N P C C P P Wholesale Business C N C N C N N C C P P P N S24 C C N N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C C KMC Chapter 14.22, Land Use Table Page 4 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Necessary Aviation Facilities P P C C C C C C P P P P C P C P P C Automotive Repair P N C N C N N C P P P P N N N N P C32 Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N C Manufacturing/Fabricat ing/Assembly P N C N C N N C C P P P N C C N C C Mini-Storage Facility C N C N C N N C C P P P N N N C C N Storage Yard C N C N C N N C C P P P N N N N C C32 Warehouses C N C N C N N C N P P P N C N N N C PUBLIC/INSTITUTION AL Assisted Living N C 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 P Clinics N C C N C C C C P P P C C C C P P P Colleges* N C C C29 C C C C P P C C P C C C P P Elementary Schools* N C C C29 C C C C P P C C P C C C P P Governmental Buildings P C C C29 C C C C P P P C P C C P P P High Schools* N C C C29 C C C C P P C C P C C C P P KMC Chapter 14.22, Land Use Table Page 5 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Hospitals* N C C N C C C C P P P C C C C C P P Libraries* N C C C29 C C C C12 P P P C P C P C P P Museums C C C C29 C C C C P P P C P C P C P P Parks and Recreation N P C C29 C C C C P P P P P P P C P P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 P Bed and Breakfasts N C C C C C C C C C C C N P C C P P Cabin Rentals N C C N C N N N P P P C N P P C P P Cemeteries P C C N C N N N N C C C N C C N 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 C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C N Day Care Centers12 N C C C29 C C C C P P P C C C C P P P KMC Chapter 14.22, Land Use Table Page 6 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P P Essential Services P 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 C 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 P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P 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 P Parking, Public Lots12 C C C N C 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/C 27 P P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N C KMC Chapter 14.22, Land Use Table Page 7 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N 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: 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. KMC Chapter 14.22, Land Use Table Page 8 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. 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: 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. KMC Chapter 14.22, Land Use Table Page 9 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. 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 Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X KMC Chapter 14.22, Land Use Table Page 10 of 10 The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) 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 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). 32 Allowed as a conditional use; provided, it is a maritime-related use to accommodate recreational boating activities, recreational facilities, accessory uses, and service facilities. Sponsored by: Vice Mayor Knackstedt New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3392-2024 AN ORDINANCE AMENDING THE KENAI ZONING CODE TO ADD A NEW ZONING DISTRICT, WORKING WATERFRONT (WW) AND AMENDING THE OFFICIAL ZONING MAP FOR CERTAIN PARCELS FROM HEAVY INDUSTRIAL (IH) TO WORKING WATERFRONT (WW) OR CONSERVATION (C) ZONING DISTRICT. WHEREAS, the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”), identified a Land Use objective to review revitalization strategies for the area adjacent to Bridge Access Road beginning at Millennium Square to the boat landing; and, WHEREAS, in 2021, the City funded the Kenai Waterfront Revitalization Assessment (“Assessment”) for revitalization strategies to maximize the potential of the waterfront area to support a thriving business, residential, recreational, and cultural community; and, WHEREAS, within the “Assessment”, it outlined recommended next steps to address the dire planning needs by preparing a Waterfront Master Plan and conducting a Civic Center Market Assessment and Feasibility Analysis; and, WHEREAS, due to the emerging interests in the waterfront area from the public engagement conducted for the Assessment, there is a sense of urgency for the waterfront rezone to promote new development or redevelopment that is consistent with the vision and findings in the Assessment; and, WHEREAS, the Comprehensive Plan acknowledges the decline for demand of large industrial sites and the commercial fishing industry but indicated the need to maintain the viability of existing industry as a land use and economic priority; and, WHEREAS, the creation of a new zoning district, Working Waterfront (WW) would allow certain commercial uses by-right and protect existing uses that align with the vision of the waterfront development, as identified in the Assessment; and, WHEREAS, the proposed rezone from Heavy Industrial (IH) to WW Zone would be consistent with Ordinance 3391-2024, amending the Comprehensive Plan to reclassify the future land use of the proposed rezone area from Industrial (IN) to Mixed Use (MU), which envisions a compatible mix of residential, retail, service, office, public, institutional, and recreational uses; and, WHEREAS, the proposed rezone includes parcels outside of the designated waterfront development area, which are primarily wetlands parcels to Conservation (C) Zone for compatibility with the surrounding area and consistency with the Land Management Plan and Comprehensive Plan; and, WHEREAS, the Harbor Commission and the Planning and Zoning Commission held a joint work session on _______________ to discuss the proposed ordinance to create a waterfront zoning district and amend the Comprehensive Plan; and, Ordinance No. 3392-2024 Page 2 of 17 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of _____________, 2024 recommended __________________ on amending the Kenai Municipal Code (KMC) to add a new zoning district and rezone the waterfront area; and, WHEREAS, the Harbor Commission at its regularly scheduled meeting of _______________, 2024 recommended __________________ on amending the KMC to add a new zoning district and rezone the waterfront area; and, WHEREAS, it is the best interest of the City of Kenai to amend KMC to add the Working Waterfront Zone and amend other KMC Sections, which are consistent with the waterfront land uses identified in the Assessment; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone certain parcels from Heavy Industrial to Working Waterfront zoning district to promote opportunities for economic development, redevelopment, and use of land that do not impact the existing uses in the area; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone certain parcels south of the waterfront redevelopment area from Heavy Industrial to Conservation zoning district to preserve the open areas, watershed, and wildlife reserves. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Subsection 14.20.030(a) of Kenai Municipal Code: That Kenai Municipal Code, Subsection 14.20.030(a) Adoption of Zones and Zoning Map is hereby amended as follows: (a) Adoption of Zones and Zoning Map. The City of Kenai is divided into the following zones: Conservation C Zone Rural Residential RR Zone Suburban Residential RS Zone Rural Residential RR-1 Zone Suburban Residential RS-1 Zone Suburban Residential RS-2 Zone Urban Residential RU Zone Central Commercial CC Zone General Commercial CG Zone Limited Commercial LC Zone Light Industrial IL Zone Heavy Industrial IH Zone Ordinance No. 3392-2024 Page 3 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Recreational R Zone Townsite Historic TSH Zone Education Zone Central Mixed Use Working Waterfront ED Zone CMU Zone WW Zone These zones shall be bounded and defined as shown on the official zoning map, which shall be kept on file at Kenai City Hall. This official zoning map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. Section 2. Amendment of Chapter 14.20 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.20 Kenai Zoning Code is hereby amended as follows: 14.20.128 Working Waterfront Zone (WW Zone). (a) Intent. The WW Zone is established to provide the following purposes: (1) To encourage, protect and maintain water-dependent and water-related uses; (2) To encourage development of park space, pedestrian connections, and public recreational space; (3) To provide appropriately located areas for commercial/economic enterprises, tourism, or recreation for the convenience of the public and in mutually beneficial relationships to each other; (4) To provide space for community facilities and institutions that appropriately may be located in areas; (5) To provide adequate space to meet the needs of commercial development, including off-street parking and truck loading areas; (6) To minimize traffic congestion and create a safe and continuous pedestrian connection; (7) To protect non-industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses; (8) To encourage new development to maintain a certain relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks; and (9) To protect and maintain certain industrial uses that require waterfront locations. (b) Principal Permitted Uses. As allowed in the Land Use Table. (c) Conditional Uses. As allowed in the Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses. As defined in this chapter. (e) Home Occupations. Uses as allowed in this chapter. (f) Parking Requirements. As required by this chapter. Ordinance No. 3392-2024 Page 4 of 17 New Text Underlined; [DELETED TEXT BRACKETED] (g) Development Requirements. As required by this title. (h) Landscaping. As required in KMC 14.25. Section 3. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 Land Use Table is hereby amended as follows: 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 R R- 1 RS RS -1 RS-2 R U CC C G IL IH E D R TS H LC CMU WW RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C2 2 P P P S1/C21 C Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C2 2 P P P S1/C21 P Four-Family Dwelling N C18 P C3 ,29 P N N P P21 S1 C C C2 2 N P C S1/C21 P Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 P Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 P Mobile Home Parks6 N N C N C C C C C C C C N C N N C N Planned Unit Residential Development7 N C18 C C2 9 C C C C C C C C N C C C C P Ordinance No. 3392-2024 Page 5 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Townhouses4 N C18 C3 C3 ,29 C3 C3 C3 C3 C C C C C2 2 C C C C C32 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 N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C C Adult Businesses N N N N N N N N P31 P3 1 P3 1 P3 1 N N N N N N Automotive Sales C N C N N N N C P P P P N N N N P N Automotive Service Stations C N C N N N N C P P P P N C N N P C32 Banks C N C N C N N C P P P C N C C C P P Business/Consumer Services C N C C C N N C P P P C N C C C P P Commercial Recreation N N C N C N N C P P C C N P C C P P Guide Service C N C N C N N C P P P P N P P C P P Hotels/Motels C N C N C N N C P P P C N C P C P P Lodge C N C N C N N C P P P C N P P C P P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N N Ordinance No. 3392-2024 Page 6 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C N Professional Offices C N C C C N N P P P P P N C P P P P Restaurants C N C N C N N C P P P C N C C C P P Retail Business C N26 C N C N N C P P P P S2 4 S2 4 C C P P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C C Theaters N N C N C N N C P P C C N P C C P P Wholesale Business C N C N C N N C C P P P N S2 4 C C N N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P C Automotive Repair P N C N C N N C P P P P N N N N P C32 Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N C Manufacturing/Fabrica ting/Assembly P N C N C N N C C P P P N C C N C C Mini-Storage Facility C N C N C N N C C P P P N N N C C N Storage Yard C N C N C N N C C P P P N N N N C C32 Warehouses C N C N C N N C N P P P N C N N N C PUBLIC/INSTITUTIO NAL Assisted Living N C C C C C C C C C C C C C C C C C Ordinance No. 3392-2024 Page 7 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Churches* N C P10 P1 0 P10 P10 P10 P1 0 P10 P1 0 C C P P1 0 P P P P Clinics N C C N C C C C P P P C C C C P P P Colleges* N C C C2 9 C C C C P P C C P C C C P P Elementary Schools* N C C C2 9 C C C C P P C C P C C C P P Governmental Buildings P C C C2 9 C C C C P P P C P C C P P P High Schools* N C C C2 9 C C C C P P C C P C C C P P Hospitals* N C C N C C C C P P P C C C C C P P Libraries* N C C C2 9 C C C C1 2 P P P C P C P C P P Museums C C C C2 9 C C C C P P P C P C P C P P Parks and Recreation N P C C2 9 C C C C P P P P P P P C P P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P1 5 P1 5 P1 5 P1 5 C P N P15 P Bed and Breakfasts N C C C C C C C C C C C N P C C P P Cabin Rentals N C C N C N N N P P P C N P P C P P Cemeteries P C C N C N N N N C C C N C C N N N Ordinance No. 3392-2024 Page 8 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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 C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C N Day Care Centers12 N C C C2 9 C C C C P P P C C C C P P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P2 3 C C C P P Essential Services P 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 C 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 P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P 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 P Parking, Public Lots12 C C C N C 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/C 27 P P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N C Ordinance No. 3392-2024 Page 9 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N 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: 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. Ordinance No. 3392-2024 Page 10 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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: 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. Ordinance No. 3392-2024 Page 11 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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 Ordinance No. 3392-2024 Page 12 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 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). 32 Allowed as a conditional use; provided, it is a maritime-related use to accommodate recreational boating activities, recreational facilities, accessory uses, and service facilities. Section 4. Amendment of Chapter 14.24 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.24 Development Requirements Tables are hereby amended as follows: 14.24.010 Minimum lot area requirements. Table 14.24.010. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/T SH ALI/IL/IH/ CC/CG/CMU/ WW R ED LC MINIMUM LOT AREA (square feet) See individual sections of Code for requirements. Single/Two/Three Family Dwelling 20,000 20,000 7,200 12,500 7,200 7,200 20,000 20,000 12,500 Four Family Dwelling 20,000 22,400 9,600 N N 7,200 N N 12,500 Five Family Dwelling 22,400 N 12,000 N N 7,200 N N 12,500 Six Family Dwelling 24,800 N 14,400 N N 7,200 N N 12,500 Seven or More Family Dwelling 27,200 + 2,400 for each N 16,800 + 2,400 for each N N 7,200 N N 12,500 Ordinance No. 3392-2024 Page 13 of 17 New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/T SH ALI/IL/IH/ CC/CG/CMU/ WW R ED LC unit over 7 unit over 7 Maximum Height (feet) 35 35 35 35 35 35 Key: N = Not allowed. Footnotes: 1 Listed square footages are the minimum required for each zone. 2 Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. 3 Minimum lot size for non-residential uses in ED zone is 40,000 square feet. 4 Minimum lot size for residential uses in the CMU zone is 7,200 square feet. 14.24.020 General Requirements. Table 14.24.020. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/TSH ALI/IL/IH/CC/CG/ CMU/WW R ED LC MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback1 20 20 20 20 20 10 20 20 20 20 Side Setback2 One-Story3 15 15 5 5 5 5 10 15 15 15 Daylight Basement/Split Level3 15 15 10 10 10 5 10 15 15 15 Ordinance No. 3392-2024 Page 14 of 17 New Text Underlined; [DELETED TEXT BRACKETED] ZONING DISTRICTS USES C/RR RR-1 RS RS-1 RS-2 RU/TSH ALI/IL/IH/CC/CG/ CMU/WW R ED LC Two-Story3 15 15 15 15 15 54 10 15 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30% Maximum Height (feet) 35 35 35 35 35 35 Footnotes: 1 Provided that the minimum front setback is measured from any right-of-way or access easement. 2 Side setbacks are determined based on the primary vehicular access of the structure. Plot plan/as-built will distinguish single and two-story portions of building to verify setback distances are met. 3 Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. 4 Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. 5 Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this title. The building restriction line identified on the Airport Layout Plan must be maintained. 6 All structures in aircraft-approach zones and within eight thousand feet (8,000') of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Layout Plan. 14.24.030 Addendum to development requirements tables. Ordinance No. 3392-2024 Page 15 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Section 5. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Working Waterfront (WW) zoning district. Legal Description Parcel ID Tract E, Daubenspeck Property Subdivision 04705703 Portion of Alaska Tidelands Survey 98 04705702 Tract C, US Survey 104, Amended Tracts A, B, & C 04901113 Tract C, US Survey 104, Amended Tracts A, B, & C 04901112 Tract A, Kenai Tidelands Survey No. 1 04901121 Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying North & Northwest & Northeast of US Survey 4563 Amended, Section 4, T5N R11W Lot 3, US Survey 4563 Amended Lot 2, US Survey 4563 Amended Alaska Tidelands Survey 82 Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563 Amended, Section 4, T5N R11W Lot 1, Kristine Subdivision No. 1 Lot 2, Kristine Subdivision No. 1 Tract B, Kenai Tidelands Survey No. 2 Tract C, Kenai Tidelands Survey No. 2 Lot 3A, Kristine Subdivision Jahrig Addition Lot 3B, Kristine Subdivision Jahrig Addition Lot 3C, Kristine Subdivision Jahrig Addition Lot 1, Baron Wood Subdivision Lot 2, Baron Wood Subdivision US Survey 678 Amended Alaska Tidelands Survey No. 770 Alaska Tidelands Survey No. 114 Lot 3, Baron Wood Subdivision No. 2 04901131 04901123 04901124 04901125 04901130 04901133 04901134 04901132 04901404 04901136 04901137 04901138 04901312 04901313 04901401 04901403 04901402 04901314 Ordinance No. 3392-2024 Page 16 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Lot 4A, Baron Wood Subdivision No. 2 Lot 5A, Baron Wood Subdivision No. 2 Lot 8, Baron Wood Subdivision Tract E, Boat Ramp Subdivision Tract F-1, Alaska State Land Survey No. 2012-04 Tract F-2, Alaska State Land Survey No. 2012-04 Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half) 04901321 04901322 04901320 04945009 04945011 04945012 04945002 Attached is Exhibit “A” illustrating the area of the proposed zone change. Section 6. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Conservation (C) zoning district. Legal Description Parcel ID Tract A, City of Kenai Boat Ramp & ROW Dedication (Southern Half) 04945002 Tract B, City of Kenai Boat Ramp & ROW Dedication 04945003 Tract C, City of Kenai Boat Ramp & ROW Dedication 04945004 Tract D, City of Kenai Boat Ramp 04945005 Govt Lots 6, 7, 10 and SE1/4 SE1/4 in Section 8 & Govt Lot 6 and SE1/4 NE1/4 and SE1/4 and NE1/4 SW1/4 and S1/2 SW1/4 Section 9 & Govt Lots 1, 4-6 and NE1/4 NE1/4 Section 17 excluding the Kenai River crossing ROW, T5N R11W (West Side of Bridge Access Road) 04910014 Attached is Exhibit “A” illustrating the area of the proposed zone change. Section 7. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. 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 21ST DAY OF FEBRUARY, 2024. ___________________________________ Ordinance No. 3392-2024 Page 17 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: January 17, 2024 Enacted: February 21, 2024 Effective: March 22, 2024