HomeMy WebLinkAbout2024-02-14 Planning & Zoning PacketKenai Planning & Zoning Commission –
Regular Meeting
Page 1 of 2
February 14, 2024
Kenai Planning & Zoning Commission -
Regular Meeting
February 14, 2024 ꟷ 7:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Info on Page 2**
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda
Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda as part of the General
Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of January 24, 2024
C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per
speaker)
D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. CONSIDERATION OF PLATS
F. PUBLIC HEARINGS
1. Resolution PZ2024-03 - Granting a Conditional Use Permit to Allow Cabin Rentals (i.e., Short-
Term Rentals) for the 60-Unit Planned Unit Residential Development (PZ2021-10) on the
Property Located at 2101 Bowpicker Lane in the Heavy Industrial (IH) Zoning District.
2. Action/Approval - Recommending the Kenai City Council Enact Ordinance No. 3391-2024 -
Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels
from Industrial to Mixed-Use.
3. Action/Approval - Recommending the Kenai City Council Enact 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.
G. UNFINISHED BUSINESS
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Kenai Planning & Zoning Commission –
Regular Meeting
Page 2 of 2
February 14, 2024
H. NEW BUSINESS
1. Action/Approval - Granting a Home Occupation Permit to Allow a Home Office and Equipment
Storage for a Cleaning Service Business on a Property Located at 810 Set Net Drive in the
Rural Residential (RR) Zoning District.
I. REPORTS
1. Planning Director
2. Commission Chair
3. Kenai Peninsula Borough Planning
4. City Council Liaison
J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker)
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: February 28, 2024
L. COMMISSION COMMENTS AND QUESTIONS
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. Thank You Letter: Kenai Peninsula Food Bank
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting
https://us02web.zoom.us/j/86223060100 OR Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 862 2306 0100 Passcode: 400932 Meeting ID: 862 2306 0100 Passcode: 400932
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JANUARY 24, 2024 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
Planning & Zoning Commission Meeting Page 1 of 4
January 24, 2024
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on January 24, 2024, in City
Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Jeff Twait Joe Halstead
Glenese Pettey Sonja Barbaza
John Coston Diane Fikes
Gwen Woodard
A quorum was present.
Also in attendance were:
Linda Mitchell, Planning Director
Alex Douthit, City Council Liaison
Meghan Thibodeau, Deputy City Clerk
3. Election of Chair and Vice Chair
MOTION:
Commissioner Fikes MOVED to nominate Joe Halstead as Chair.
MOTION:
Commissioner Pettey MOVED to nominate Jeff Twait as Chair.
Commissioner Twait declined the nomination; the motion to nominate him as Chair was withdrawn.
VOTE ON APPOINTMENT OF JOE HALSTEAD AS CHAIR:
There being no objection; SO ORDERED.
MOTION:
Commissioner Woodard MOVED to nominate John Coston as Vice Chair.
VOTE ON APPOINTMENT OF JOHN COSTON AS VICE CHAIR:
There being no objection; SO ORDERED.
4. Approval of Agenda and Consent Agenda
MOTION:
Commissioner Pettey MOVED to approve the agenda and consent agenda. Commissioner Woodard
SECONDED the motion.
The items on the Consent Agenda were read into the record.
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Planning & Zoning Commission Meeting Page 2 of 4
January 24, 2024
Chair Halstead opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
Commission Member so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of December 27, 2023
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. Resolution No. PZ2024-01 – Recommending Approval for Preliminary Plat – 5 D
Subdivision for a Replat of Government Lot 170 in the General Commercial (CG) Zoning
District.
MOTION:
Commissioner Twait MOVED to approve Resolution PZ2024-01. Commissioner Woodard SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet, and
explained that the applicant requested to replat the 1.25-acre lot into five lots. Zoning and uses of lots
were reviewed; staff recommended approval subject to the following condition:
1. Revised the preliminary plat to subdivide Government Lot 170 into four (4) lots with dimensions
equal to or greater than the minimum lot width and depth requirements outlined in KMC Section
14.10.070.
[Clerk’s Note: Commissioner Barbaza joined the meeting at 7:10 p.m.]
Chair Halstead opened for public testimony.
Jason Young, the surveyor working on the project, noted that the owners agreed to the four-lot subdivision
instead of five, and the plat will be revised after the decision is made.
There being no one else wishing to be heard, the public comment period was closed.
Discussion ensued.
VOTE:
YEA: Twait, Halstead, Pettey, Barbaza, Woodard, Coston, Fikes
NAY: None
MOTION PASSED UNANIMOUSLY.
2. Resolution No. PZ2024-02 – Recommending Approval for Preliminary Plat – Cinderella
Subdivision Glover Replat for a Parcel Merger of Lot 1A, Enchanted Forest 2011 Replat
and Lot 6, Cinderella Subdivision in the Rural Residential 1 (RR-1) Zoning District.
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Planning & Zoning Commission Meeting Page 3 of 4
January 24, 2024
MOTION:
Vice Chair Coston MOVED to approve Resolution PZ2024-02. Commissioner Woodard SECONDED the
motion.
Planning Director Mitchell presented her staff report with information provided in the packet, and
explained that the applicant requested to merge two parcels. Zoning and uses of lots were reviewed; staff
recommended approval subject to the following conditions:
1. Remove the building setbacks on the preliminary plat as all development will be subject to the
setback requirements of the zoning district.
2. Remove Note 1 from the preliminary plat.
3. Add a note that states the following, “When an improvement district is formed, the real property
involved will be part of the improvement district without further action by the then owner of the
property in question”.
Chair Halstead opened for public testimony. There being no one wishing to be heard, the public comment
period was closed.
Discussion ensued.
VOTE:
YEA: Pettey, Woodard, Barbaza, Coston, Fikes, Twait, Halstead
NAY: None
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS – None.
I. REPORTS
1. City Council – Council Member Douthit reported on the actions of the January 18, 2024 City
Council Joint Work Session with Kenaitze Indian Tribe and January 17, 2024 City Council
Regular Meeting.
2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the
January 22, 2024 Kenai Peninsula Borough Planning Commission Meeting.
3. City Administration – Planning Director Mitchell reported on the following:
Welcomed new commissioners Glenese Pettey and Sonja Barbaza.
Thanked commissioners who attended the Joint Work Session on the Capital
Improvement Plan.
Noted the Commission Survey results in the laydown; explained there would not be a
work session to discuss them because Planning & Zoning has clear duties and roles
outlined in code, but they can request that the Clerk review them.
Recruitment for the full-time Planning Technician position is ongoing.
City Building Official has resigned.
New code-enforcement software to be implemented by this summer; will assist Planning
staff in streamlining tasks and communication.
Joint Planning & Zoning and Harbor Commission Work Session on February 12, 2024 to
discuss waterfront rezoning.
Storefront Improvement Grant Program application period will be open with a month.
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Planning & Zoning Commission Meeting Page 4 of 4
January 24, 2024
J. ADDITIONAL PUBLIC COMMENT – None.
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: February 14, 2024
Commissioner Twait noted that he might be absent or participate remotely.
L. COMMISSION COMMENTS AND QUESTIONS
Vice Chair Coston congratulated Halstead on the appointment of Chair.
Commissioner Twait congratulated Chair Halstead, Vice Chair Coston and new commissioners Pettey
and Barbaza.
Commissioner Pettey noted it is an honor to serve on the commission, and congratulated Chair Halstead,
Vice Chair Coston and new commissioner Barbaza.
Commissioner Fikes welcomed said congratulations and welcome to new commissioners; thanked staff
for Commission Survey results in laydown.
Chair Halstead thanked the Commission for his appointment.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS – None.
There being no further business before the Planning & Zoning Commission, the meeting was adjourned
at 7:46 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of January
24, 2024.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 6
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-03
A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT FOR THE
OPERATION OF CABIN RENTALS (i.e., SHORT-TERM RENTALS) WITHIN THE 60-UNIT
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PZ2021-10).
APPLICANTS: Steve Agni and Jackey Hess
PROPERTY OWNER: Kenai Landing, Inc.
PROPERTY ADDRESS: 2101 Bowpicker Lane
LEGAL DESCRIPTION: Tract A-4, Kenai Landing Subdivision 2021 Addition
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910134
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 12, 2024; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code 14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on February 7, 2024, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The 60-unit PUD was granted with an approved CUP and the new
request to allow the operation of cabin rentals would further promote the broad range of
commercial uses in the surrounding area. The land use table specify “cabin rentals” are a
conditional use. In KMC Section 14.20.320 Definitions, “Cabin rentals” is defined as the
renting out of one (1) or more individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than thirty (30) consecutive days.
The IH (Heavy Industrial) Zone is established to allow for a broad range of
industrial and commercial uses. It is intended to apply to industrial areas which
are sufficiently isolated from residential and commercial areas to avoid any
nuisance effect.
~
Kl;NAI
Page 7
Resolution No. PZ2024-03
Page 2 of 4
The approved CUP allowed a residential development (PUD) in the IH zone and further
granted alternative methods of development, such modified lot width, lot size, and
setbacks as found in Table A of Resolution PZ2021-10. The intended use of the subject
parcel is primarily residential and the request for cabin rentals would be consistent with
the subject zoning district since this would broaden the commercial use of the premise.
As noted by the applicants, it was their understanding that the approved PUD added
[emphasis added by the applicants] residential uses to the property but it did not restrict
or otherwise limit the property to traditional residential use. However, staff has reviewed
the Resolution PZ2021-10 and the associated Staff Report and it was not explicit that your
Commission, nor the Kenai Zoning Code, granted the operation of cabin rentals for the
60-unit PUD.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impaired by the proposal. The Imagine Kenai 2030 Comprehensive Plan
acknowledges the decline for demand of large industrial site and commercial fishing
industry and it has become apparent that these areas need to be revitalized with different
uses. The notion of industrial zones needing to be buffered from residential and
commercial areas to avoid any nuisance effects does not apply to this subject parcel and
surrounding area. The subject parcel and surrounding areas in the adjacent IH zone have
gradually transitioned into primarily commercial uses through approved CUPs.
Staff finds the proposed use would improve the economic and noneconomic value of the
adjoining property and neighborhood. As noted by the applicants, short-term rentals will
contribute to the viability of new development and ultimately enhance the assessed value
of these legacy fish processing site.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Industrial (IN) land use classification. The IN Land Use Classification is
defined in the Comprehensive Plan:
Industrial is intended for a variety of light and heavy industrial uses such as:
warehousing, trucking, packaging, distribution, production, manufacturing,
processing, marine-related industry and storage, and similar industrial activities.
Public water and sewer; utilities; and safe, convenient vehicular access are
required or planned. Because uses generate noise, odors and emissions typically
at a higher level than other land uses, measures should be taken to minimize
conflicts with adjacent non-industrial uses. Buffers between industrial uses and
adjacent non-industrial uses are desirable.
This property is surrounded by the Kenai River to the east; lodging, offices and restaurant,
known as “The Cannery Lodge” to the south, wetlands to the north, and vacant parcels
with access road to the west. The proposed use would be consistent with the development
of the surrounding area. Mitigation measures and buffers were reviewed and considered
in the approved PUD. The applicants indicated that details of the constructions, such as
windows and view-scapes were implemented to minimize visual view to and from adjacent
Page 8
Resolution No. PZ2024-03
Page 3 of 4
units. Staff finds the proposed use does not require additional mitigation measures or
buffers since there are not any new adverse impacts to consider between units and
surrounding uses.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and
Implementation”, several goals and objectives are met from the proposed expansion.
Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1
Establish siting and design standards so that development is in harmony and scale with
surrounding uses.
Goal 2 – Provide economic development to support the fiscal health of Kenai.
Objective ED-9
Capitalize on the tourism industry by marketing Kenai as a destination for recreational
activities, conventions, festivals, arts, cultural and other events.
Goal 3 – Land Use is to develop land use strategies to implement a forward-looking
approach to community growth and development.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: The streets and water and waste systems are privately owned and maintained.
Public and private utilities and services are present and adequate to serve the 60-unit
PUD.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: There are adequate services, access, and parking to serve the PUD and the
proposed use. Staff finds the proposed use would not adversely impact the public safety,
health or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: To be consistent with the same requirements as other CUP holders/operators,
KMC Section 14.20.150, Issuance of the Permit, if the permit is for use that requires to
collect sales tax, a borough sales tax account must be obtained. Staff recommends the
adding the following condition.
Each short-term rental unit owner or operator must have a valid borough sales tax
account.
Page 9
Resolution No. PZ2024-03
Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That an amendment to the conditional use permit is granted for operation of cabin
rentals (i.e., short-term rentals) within the 60-unit planned unit residential
development (PZ2021-10) on Tract 4-A, Kenai Landing Subdivision 2021 Addition
located at 2101 Bowpicker Lane.
Section 2. That the amendment to the conditional use permit is subject to the original conditions
in the CUP (Resolution No. PZ2021-10) and the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Each short-term rental unit owner or operator must have a valid borough sales tax account.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 14TH DAY OF FEBRUARY, 2024.
JOE HALSTEAD, CHAIRPERSON
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
Page 10
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: February 9, 2024
SUBJECT: Resolution PZ2024-03 – Conditional Use Permit Amendment – Cabin
Rentals (i.e., Short-Term Rentals) for the 60-Unit Planned Unit Residential
Development (PZ2021-10)
Request The applicants are requesting the operation of short-term rentals within
the 60-unit planned unit residential development.
Staff
Recommendation
Adopt Resolution PZ2024-03 approving an amendment to Conditional
Use Permit for the 60-Unit Planned Unit Residential Development
(Resolution PZ2021-10) to allow cabin rentals (i.e., short-term rentals).
Applicants Steve Agni and Jackey Hess
Property Owner Kenai Landing, Inc.
Legal Description Tract A-4, Kenai Landing Subdivision 2021 Addition
Property Address 2101 Bowpicker Lane
KPB Parcel ID 04910134
Lot Size (acreage) 10.24
Zoning Heavy Industrial (IH)
Current Use Planned Unit Residential Development
Land Use Plan Industrial
SUMMARY
The Planning and Zoning Commission granted a Conditional Use Permit (PZ2021-10) for a 60-
unit planned unit residential development (“PUD”) located at Tract A, Kenai Landing Cottages
Subdivision (now, Tract A-4, Kenai Landing Subdivision 2021 Addition) to Kenai Landing, Inc. on
April 28, 2021. The applicants are requesting a conditional use permit (CUP) amendment to
authorize the use of short-term rental of the entire dwelling within the 60-unit PUD to be consistent
Ki;NAI
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Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short-Term Rentals) for Planned Unit Residential Development Page 2 of 5
with limitations specified in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
filed in the Kenai Recording District Document No. 2022-060024-0. The applicants clarified that
bed and breakfast activities involving the rental of a room or portion of a dwelling are not part of
or request by this [CUP] application. In addition, the applicants have indicated that short-term
rentals in the PUD are limited to stays of three (3) days or more and require a rental of the entire
dwelling unit, subject to the CC&Rs.
ANALYSIS
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit or amendment, the Commission
shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use
Permits Review Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The 60-unit PUD was granted with an approved CUP and the new
request to allow the operation of cabin rentals would further promote the broad range of
commercial uses in the surrounding area. The land use table specify “cabin rentals” are a
conditional use. In KMC Section 14.20.320 Definitions, “Cabin rentals” is defined as the
renting out of one (1) or more individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than thirty (30) consecutive days.
The IH (Heavy Industrial) Zone is established to allow for a broad range of industrial
and commercial uses. It is intended to apply to industrial areas which are sufficiently
isolated from residential and commercial areas to avoid any nuisance effect.
The approved CUP allowed a residential development (PUD) in the IH zone and further
granted alternative methods of development, such modified lot width, lot size, and
setbacks as found in Table A of Resolution PZ2021-10. The intended use of the subject
parcel is primarily residential and the request for cabin rentals would be consistent with
the subject zoning district since this would broaden the commercial use of the premise.
As noted by the applicants, it was their understanding that the approved PUD added
[emphasis added by the applicants] residential uses to the property but it did not restrict
or otherwise limit the property to traditional residential use. However, staff has reviewed
the Resolution PZ2021-10 and the associated Staff Report and it was not explicit that your
Commission, nor the Kenai Zoning Code, granted the operation of cabin rentals for the
60-unit PUD.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impaired by the proposal. The Imagine Kenai 2030 Comprehensive Plan
acknowledges the decline for demand of large industrial site and commercial fishing
industry and it has become apparent that these areas need to be revitalized with different
uses. The notion of industrial zones needing to be buffered from residential and
Page 12
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short-Term Rentals) for Planned Unit Residential Development Page 3 of 5
commercial areas to avoid any nuisance effects does not apply to this subject parcel and
surrounding area. The subject parcel and surrounding areas in the adjacent IH zone have
gradually transitioned into primarily commercial uses through approved CUPs.
Staff finds the proposed use would improve the economic and noneconomic value of the
adjoining property and neighborhood. As noted by the applicants, short-term rentals will
contribute to the viability of new development and ultimately enhance the assessed value
of these legacy fish processing site.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Industrial (IN) land use classification. The IN Land Use Classification is
defined in the Comprehensive Plan:
Industrial is intended for a variety of light and heavy industrial uses such as:
warehousing, trucking, packaging, distribution, production, manufacturing,
processing, marine-related industry and storage, and similar industrial activities.
Public water and sewer; utilities; and safe, convenient vehicular access are required
or planned. Because uses generate noise, odors and emissions typically at a higher
level than other land uses, measures should be taken to minimize conflicts with
adjacent non-industrial uses. Buffers between industrial uses and adjacent non-
industrial uses are desirable.
This property is surrounded by the Kenai River to the east; lodging, offices and restaurant,
known as “The Cannery Lodge” to the south, wetlands to the north, and vacant parcels
with access road to the west. The proposed use would be consistent with the development
of the surrounding area. Mitigation measures and buffers were reviewed and considered
in the approved PUD. The applicants indicated that details of the constructions, such as
windows and view-scapes were implemented to minimize visual view to and from adjacent
units. Staff finds the proposed use does not require additional mitigation measures or
buffers since there are not any new adverse impacts to consider between units and
surrounding uses.
RELEVENT GOALS
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”,
several goals and objectives are met from the proposed expansion.
Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1
Establish siting and design standards so that development is in harmony and scale with
surrounding uses.
Goal 2 – Provide economic development to support the fiscal health of Kenai.
Objective ED-9
Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities,
conventions, festivals, arts, cultural and other events.
Page 13
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short-Term Rentals) for Planned Unit Residential Development Page 4 of 5
Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to
community growth and development.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: The streets and water and waste systems are privately owned and maintained.
Public and private utilities and services are present and adequate to serve the 60-unit
PUD.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: There are adequate services, access, and parking to serve the PUD and the
proposed use. Staff finds the proposed use would not adversely impact the public safety,
health or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above-mentioned conditions. These may include, but are not limited to,
measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
Findings: To be consistent with the same requirements as other CUP holders/operators,
KMC Section 14.20.150, Issuance of the Permit, if the permit is for use that requires
to collect sales tax, a borough sales tax account must be obtained. Staff recommends
adding the following condition.
Each short-term rental unit owner or operator must have a valid borough sales tax
account.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use amendment were mailed to property owners within a three hundred-foot (300’) periphery of
the subject property. City staff published notice of the public hearing in the Peninsula Clarion at
least seven (7) days prior to the date of the hearing. City staff submitted an Affidavit of Posting
verifying a sign was placed on the parcel with information on the public hearing for the conditional
use permit amendment request.
No public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed amendment to the CUP for the operation of cabin rentals (i.e., short-
term rentals) within the 60-unit PUD on Tract A-4, Kenai Landing Subdivision 2021 Addition
located at 2101 Bowpicker Lane meets the criteria and conditions for issuance of a Conditional
Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150,
and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2024-03
approving the amendment to the Conditional Use Permit, subject to the original conditions in CUP
(Resolution PZ2021-10) and the following conditions:
Page 14
Resolution PZ2024-03
Conditional Use Permit Amendment
Cabin Rentals (i.e., Short-Term Rentals) for Planned Unit Residential Development Page 5 of 5
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Each short-term rental unit owner or operator must have a valid borough sales tax account.
ATTACHMENTS
Aerial Map
Application
Applicants’ Memorandum
Resolution PZ2021-10
Kenai Landing Subdivision 2021 Addition Plat
Page 15
PZ2024-03 -Conditional Use Permit
Cabin Rentals (i.e., Short-Term Rentals)
for 60-Unit Planned Unit Residential K E;: N A I Development (PZ2021-10)
N
A I I I I I I
0 125 250
I I
500 Feet
Map for Reference Only
NOT A LEGAL DOCUMENT
Page 16
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Kenai Peninsula 8
Physical Address:
Legal Description:
Zoning:
Acres:
Conditional U se Permit
Application
State:
How is this property currently being used?
Condltlonal Use Requested for (attach additional sheets tf necessary):
(
Cfty of Kena!
Plc1 nning and Zoning Departmer1t
21 0 Fidal90 Avenue
Kenai, AK 99fi11
(907) 283-8200
plannlng @kenai.city
www.kenai.city/planni ny
Zip Code:
2-
Zip Code :
Explain how the conditional use is consistent with purposes arid intent of the zoning district of the property:
Explain how the value of adjoining property and neighborhood w ill not be significanUy impaired by the conditional
use:
Page 17
Use of surrounding property-north:
Use of surrounding property-south:
Use of surrounding property-east:
Use of surrounding property-west:
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
Are public services and facilities on tha property adequate to serve the proposed conditional use?
Explain how the conditional use will not be ham,ful to public safety, health, or welfare:
Are there any measures with access, screening, site development, building design, or business operation that will
lessen potential impacts of the conditional use to neighbors?
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (I heve been authorized to act for) owner of the property described above end that I
petition for a conditional use permit in confom,ance with Titte 14-of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission for administrative reasons. I understand that a site visit may be required to process this application.
City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this
application.
Signature: ~kn ~'1~ ~ I Date: 11-I 1-.2 &J 'I
Print Name: 9-~ Dl-1.'¥. lrl-~l I Title/Business: I fJlDr\1€(' () VI i-+-CS-2--• '.J Date Application Fee Received:
For City Use Only PZ Resolution Number·
Page 18
(
Memorandum in Support of Conditional User Permit Application
Authorizing Short Term Rentals within: Home Port Planned Unit Development PZ 2021-10
Submitted By: Steve Agni, Co-Owner of Unit CS-2, Home Port PUD
Date: 1/10/2024
This Memorandum will supplement and become a part of the Conditional Use Permit Application
submitted by Steve Agni and Jackey Hess owners of Unrt CS-2 and pertain to ALL units now or
hereafter constructed within the approved PUD area pursuant to PZ 2021-10.
How is the Property currently being used: The Property is being used for residential purposes
including short term rental in the summer of 2022 and limited home office activity.
Condition al Use Requested: The Conditional Use requested is the a uthorizatlon of short term renta I
of the entire dwelling, consistent with limitations specified in the Declaration of Covenants
Conditions and Restrictions filed in the Kenai Recording District Document No. 22-060024-0. Bed
and Breakfast activities involving the rental of a room or portion of a dwelling are not part of or
requested by this application.
Explain how the Conditional Use is consistent with the purposes and intent of the zoning district
of the property: The I H or Heavy Ind ustria I district zoning applicable to the pre perty allows for many
industrial and commercial activities that are most appropriate when separated from other
residential uses. The PUD passed in 2021 by the Pia nning Commission added resldentlal uses to the
Property. It did not restrict or otherwise limit the property to traditional residential use. PUD 2021-
10 added use authorization. It did not limit use authorization.
Short term rentals are a modern expression of residential use, but are clearly a residential use and
activity. Persons renting the dwelling unit use it to occupy and live within in. They conduct the
residential purpose albeit for it limited period of time and that activity is consistent with the
multiple and varied types of uses contemplated with the "IHn zone.
Use of Surrounding Property North: Unde\lelopable wetlands parcel of about twenty acres.
Use of Surrounding Property South: Commercial lodging, offices and dining. The "Cannery Lodge.n
Use of Surrounding Property East: Kenai River and undevelopable wetlands exceeding 100 acres.
Use of Surrounding Property West: Right of way, Cannery road with Industrial and wetlands.
Explain how the conditional use is in harmony with the City's Comprehensive Plan: The City of
Kenai Comprehensive P Ian has recognized that the historic fish precessing activity a long the Kenai
River which includes this Property are no longer viable as commercial fish processing. The land and
fa cil iti es comprising th is area must be re-purposed to serve usages that a re eco nomica I ly productive
and add much needed assessed value. New residential activity and development that ·does not
intrude into existing neighborhoods that allows fur short term rentals will contribute to the viability
of new development and ultimately enhance the assessed \lalue of these legacy fish processi113 sites.
Page 19
Are public services and facillttes on the property adequate to serve the proposed Conditional Use.
As concluded by the Planning Commission in 2021, pubfic and private utilities and services are
present in sufficient kind and quantity to support up to sixty dwelling units.
Explain how the Conditional Use will not be harmful to the public safety, health or welfare: There
are no existing residential properties that adjoin or are even within ordinary hearing distance of the
PUD site or the specific unit CS-02 described here. This Conditional Use activity, short term rentals is
being authorized in a new development that is physically separated by very large distances from
existing residential development. Any new buyer or resident in the new Home Port Development is
charged with knowledge of the Recorded Declarations governing the property. That Declaration
addresses short term rentals specifically and provides strict controls on the activity enforced by the
Home Owners Association granted power to enforce the terms with the right to impose penalties
and exercise liens against non Mcom pliant owners and activities. A copy of the relevant sections of the
recorded Declaration is attached here.
Are there any measures Mth access, screening, site development, building design or business
operations that will lessen the potential activities of the use to neighbors: In addition to the
physical separation and the HOA management of the PUD, specific building attributes are included in
the new dwellings constructed at Home Port. Anticipating short term rentals, the new residential
units have fire suppression sprinklers installed to current lodging codes. Windows and view-scapes
have been placed in the dwellings to minimize view to and from adjacent units, while emphasizing
views to the open spaces. Parking is provided both as enclosed within the dwelling and in specified
outdoor spaces, all subject to HOA control. The entire Home Port development is now controlled by
an automatic access gate intended to limit access only to Owners and authorized guests.
Conclusion: Short term rentals at Home Port are limited to stays of three days or more and require a
rental of the entire dwelling unit all subject to a rigorous set of limitations set forth in the recorded
Declaration that renters and owners are all subject to. There are no existing dwellings nearby to the
property that could be affected if there was any undesirable results. Short term rentals are in fact a
residential activity and use that are conducted by individuals who occupy the dwelling for a time
shorter than trad itiona I rentals. When subject to proper controls this activity wil I en ha nee assessed
values and enjoyment of property for both Owners and the occupants.
Thank you for your approval of this Condittonal Use Application allowing short rarm rentals within
the Homeport PUD (PZ 2021-10) consistent with the Rec.orded Declaration.
Page 20
r
(d) Each lease must att.om to the Association as landlord solely for the pW"pOse of
enforcing the restrictions of the Documents following Notice and Hearing to the
Unit Owner, and an opportunity to cure the violation, and then by direct levy,
injunction and/or eviction by summary process, against the tenant(s). The
Association will not otherwise assume the responsibilities or obligations of the Unit
Owner under the lease.
(e) A true and complete copy of the leaset the name and current telephone contau
number of each tenant. and the name and current telephone contact number of the
Unit Owner (or their desjgnts.ted agent), shall be provided to the Executive Board at
least five (5) days prior to the first day of the lease tenn. The Unit Owner shall
promptly provide the Executive Board with written notice of any termination of the
lease,
(0 A copy of the Rules must be conspicuously posted or displayed within the Unit.
(g) The Unit Owner must either be personally available by telephone or have a
designated agent available by telephone at all times during the tenn of the tease. If
a Unit Owner will not be personally a\lailable, the name and telqmone conta(:t
number of their designated agent shall be provided to the Association in writing
prior to the tim day of the lease term. The Unit Owner or their designated agcm
must be able to promptly contact the temmt(s) for purposes of addressing any
complaints and/or violations of the Documents.
(h) The Unit Owner must obtain and maintain appropriate insurance coverage for
property damage or personal injury caused by any tenant(s) or otherwise arising
from the lease of the Unit. Proof of such immrance shall promptly be provided to
the Executive Bolltd upon request.
(i) The Unit Owner shall remain liable for compliance with the Documents, and shall
be responsible for securing such compliance from the tenant(s) of the Unit.
G) The Unit Owner shall be responsible for the payment of aU assessments or tines
that are assessed by the Association as a result of the actions or omissiora of any
tenant(s) or their suests.
Section 9.28 ~ Transient Usage-. No Unit mfty be used for bed and breakfast, transient, hotel
or motel purposes. lfa Unit is owned or leased by a business entity or individually owned business..
the occupancy of the Unit by employees or guests of the business is pennitted only if the !i.3me
employee(s) or guest(s) intends to occupy the Unit for a period of at lea~t three (3) days.
Declaration of Home Pon ol K.eltOi Landmg 33
111111111~ru ■m1
Page -40 ot 101
302-2022-006024-O
Page 21
withtn the Common Elements unless expressly authorized by, and then subject to such conditions
as may be imposed by, the Executive Board:
(i) Disposing of lawn or yard waste.
(ii) Disposing of Garbage or other materials.
(iii) Cutting. mowing, harvesting. or disturbing the trees. shrubbery, or
other natural vegetation.
(iv) Overnight camping or the erection of tents or other shelters.
(v) Processing fish or other animals.
Section 9.25 -Compliance with Documents aod Law. The use of a Unit 11,nd all activities
within the Common Interest Community shall be in compliance with the provisions of the
Declaration and other Documents. and Unit O"'11ers and Improvements with.in a Unit shall comply
with and confom, to all applicable Federal, State. and local laws and regulations. A violating Unit
Owner shall hold the Association ani other Unit Owners hmnless from all dermmds, claims, r mes,
penalties, costs, fees, damages, losses, awards, judgments and liabilities that in any way arise out
of, result from, the violation thereof or non-compliance therewith.
~ction 9.26 ~ Uabilitv for Hazardous Materials. In ·the e\'ent that any fuel. oil, lubricant, or
other Haz.ardous Material is spilled, released or discharged in any Unit or in. on or about any
Common Element, or any property or surface or ground water adjacent thereto, the Unit Owner
who caused or suffered, or whose invitee caused or suffered, such spillt release or discharge, shall:
{a) promptly respond to and remediate such -spill, release or discharge in accordance with the
requirements of applicable law; and (b) defend, indemnify and hold harmless the Association, the
other Unit Owners and the State &om all demands, claims, fees, fines, penalties, judgments,
awards, costs. damages, losses, obligations, and liabilities that in any way arise out of, result from
or are based upon any legal obligalion to respond to, remediate and/or dispose of such spilled,
released or discharged fuel, oil, lubricant, or Hazardous MateriaL
Section 9.27 -Leasing. No Unit. or any portion thereof. may be conveyed pursuant to a
time-sharing plan. A Unit may be rented only by a written lease, subjea to the following:
{a) The lease shall be for lhe entire Unit. A lease of only a pon-ion of a Unit is
prohibited.
(b) Each lease must have a lease tenn of at least. three (3} days. which lease tmn must
be entered into in good faith.
(c) Each lease must incorporate the tenns and restrictions of the Documents as a
personal obligation of each tenant.
Da·l,u·atlon of flame Pon at Kenai landing ~-2
1~111■11•m
Page 39 of 101
302-tm-006024-0
Page 22
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Page 23
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Floor Plans Unit CS-2 Home Port at Kenai Landing
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Page 24
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Kf;NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-10
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT.
APPLICANT: Kenai Landing, Inc.
REPRESENTATIVE: Jonathan Faulkner
PROPERTY ADDRESS: 2101 Bowpicker Lane
LEGAL DESCRIPTION: Tract A, Kenai Landing Cottages Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04910123
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on March 12, 2021; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code
14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on April 28, 2021, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Criteria Met: The Kenai Municipal Code 14.22.010 -Land Use Table provides that a
planned unit residential development is a conditional use for the Heavy Industrial zoning
district. The proposed street network is anticipated to be sufficient to accommodate the
traffic generated from 60 residential units in Phase A. In addition, a conditional use permit
for a PUD must also meet the conditions cited in 14.20.170 Planned Unit Residential
Development.
b) Planned Unit Residential Development shall be subject to the following
standards:
(1) The proposed development shall meet the applicable conditions specified in
KMC 14.20.150.
Page 25
Resolution No. PZ2021-10
Page 2 of 6
Staff Response: The planned unit residential development and the associated 60 dwelling
units meet the intent of KMC14.20.150, given compliance with the staff recommended
specific conditions set forth below.
(2) A detailed development plan shall be submitted to the Commission including a
site plan drawn to scale. The site plan shall include, but not be limited to, the
topography and drainage of the proposed site, the location of all existing and
proposed structures, designated areas of common open space, internal and
external circulation patterns, and location of the required parking spaces. A general
floor plan of the principal buildings, together with any requested information, shall
also be submitted to the Commission. A development schedule shall also be
submitted for the purpose of coordinating the development and open space
components of the Planned Unit Residential Development.
Staff Response: A detailed development plan has been submitted by the applicant and
includes exhibits for a site plan, utilities, parking, phasing, development areas, open space
plans, and general floor plans.
(3) The minimum parcel size allowed for a Planned Unit Residential Development
shall be two and one-half (2.5) acres, inclusive of any dedicated right-of-way or
public use easement which may exist within the boundaries of the site.
Staff Response: This application meets this standard with an approximately 13 acre
project site for Phase A.
(4) The maximum number of dwelling units per acre allowable within the gross area
of a Planned Unit Residential Development shall be as follows:
Zoning District (Gross Dwelling Units/Acre
Area)
Rural Residential Six (6)
Suburban Residential Subject to Commission
Determination
Urban Residential Subject to Commission
Determination
Staff Response: The Heavy Industrial zoning district is not specified in this standard's
table, therefore, the dwelling units per acre are subject to Commission determination.
Staff considers this application meeting this standard with a 4.59 dwelling units/acre, less
than the 6 dwelling units per acre of the low-density Rural Residential zoning district, a
zoning district that generally does not have as much intensity of use as the Heavy
Industrial district.
(5) The allowable land use activities shall include the following:
Page 26
Resolution No. PZ2021-10
Page 3 of 6
(AJ Residential uses including single-family, duplex, multiplex, and townhouse
dwelling units;
(BJ Any principal, secondary, or conditional uses permitted within the zoning
district in which the Planning Unit Residential Development is to be established.
Staff Response: This standard is met with the inclusion of single-family, duplex, multiplex,
and townhouse dwelling units.
(6J The building coverage within the Planned Unit Residential Development shall
not exceed thirty percent (30%) of the site area in the RR and RS zones or forty
percent (40%J of the site if located in the RU zone.
Staff Response: Phase A lot coverage is approximately 10% of the 13.05 acre project site,
therefore, this standard is met as substantially lower than 30% lot coverage.
(7J The following design standards shall govern the Planned Unit Residential
Development:
(A) The development requirements of the specific zoning district, except as
otherwise allowed, shall apply to all portions of the development;
Staff Response: Prior to issuance of a Building Permit, conditions listed under 14.20.160
Townhouses must be reviewed and approved by the Planning Director. Adjustments to
criteria regarding lot width, lot size, and setbacks will be considered due to the nature of
the project, including the Condominium approach in lieu of fee simple lots. This condition
of approval is noted below.
(BJ All areas not devoted to building or associated parking areas shall be left in its
natural state, appropriately landscaped, utilized for an active or passive recreation
area, or developed for a purpose specified in a submitted site development plan;
Staff Response: Exhibits have been provided demonstrating the reserved usable open
space, which includes a dock, promenade, plaza, and natural spaces. A detailed
landscape/site plan is required as a condition of approval as noted below.
(C) A minimum of thirty percent (30%) of the site shall be reserved as usable open
space. Any portion of this open space may be reserved in common for the benefit
of the residents within the Planned Unit Residential Development.
Staff Response: Approximately 34% of the project site is reserved as usable open space.
(DJ Residential and nonresidential uses within the Planned Unit Residential
Development shall be separated by a buffer strip, landscaped area, fence, or other
manner deemed appropriate by the Commission.
Staff Response: This application does not have any non-residential uses.
(EJ Any use developed along the perimeter of the Planned Unit Residential
Development shall be consistent with principal uses allowed in the abutting zoning
districts.
Page 27
Resolution No. PZ2021-10
Page 4 of 6
Staff Response: Neighboring parcels are also zoned heavy industrial, and the residential
use of the PUD is considered compatible with the lodging and event uses on the adjacent
property to the south. This application does not have development planned for the
northern perimeter of the subject parcel.
(8) The developer or subdivider of any Planned Unit Residential Development
including common open area, property, or amenities, shall have evidence that
compliance with Uniform Common Interest Ownership Act, AS 34.08, has been
made prior to the sale of any townhouse dwelling units.
Staff Response: This standard has been added as a condition of approval of the
Conditional Use Permit application as set forth below.
2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met. The surrounding neighborhood consists of City leased land, North Pacific
Seafoods, and open space to the north, Cannery Lodge to the south, the Kenai River to
the east, and Hillcorp and residential to the west. Generally speaking, new residential
construction of this nature, tends to increase neighborhood property values and should
not negatively impair the value of adjacent properties.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan in the City's Comprehensive Plan designates this
property as Industrial, which may include warehousing, trucking, packaging, distribution,
production, manufacturing, processing, marine-related industry and storage, and similar
industrial activities. As noted in the Comprehensive Plan, the decline of the commercial
fishing industry has affected operations of some fish processing plants, a past use of
the subject property. Kenai Municipal Code 14.22.010 -Land Use Table provides that
a Planned unit residential development is a conditional use for the Heavy Industrial
zoning district, and a development option that can meet the current demands for
multiple types of housing, along with outdoor amenities, in the City of Kenai.
Below are additional goals/objectives from the Comprehensive Plan that support this PUD
application:
• Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for
outdoor activities.
• LU-14 Ensure a pattern of connecting streets and blocks that allows people to get
around easily by foot, bicycle or car when approving new developments, both
commercial and multifamily.
• LU-10 Encourage creative subdivision design for residential areas.
PR-4 Support projects that provide additional quality outdoor and indoor recreation.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Page 28
Resolution No. PZ2021-10
Page 5 of 6
Criteria Met. Existing public sewer and water utilities are located on Bridge Access Road
and are approximately two miles away from the subject property, and therefore, are not a
viable option for this project. The PUD Phase A will have access to water, sewer, waste
removal, and road maintenance provided by the commercial condominium. Natural gas
service will be provided by Enstar and electricity by Homer Electric Association. Kenai
Municipal Code 14.20.250(b)(8) requires that there are two parking spaces available for
each unit for a total of 120 parking spaces for the 60 units. The attached application meets
this requirement by providing a garage and surface parking for at least two vehicles per
each dwelling unit with an additional 20 spaces dedicated to transient, RV, and boat
launch parking. While primarily provided by a private entity, staff believes the services and
facilities are adequate to serve the development.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: A planned unit residential development of 60 dwelling units for Phase A will
not be harmful to the public safety, health and welfare. Staff believes that services are
available to adequately serve this development. The applicant has provided the City with
a draft site plan, which indicates that there will be sufficient parking available for residents
and guests. The subject property is transitioning away from a traditional heavy industrial
zoning use, and therefore, industrial impacts on public safety, health and welfare do not
have to be considered in evaluating this project.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
See Conditions of Approval as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Kenai Landing, Inc. for the use of a planned
unit residential development with 60 dwelling units on Tract A, Kenai Landing
Cottages Subdivision located at 2101 Bowpicker Lane.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska,
and local regulations.
2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed
and approved by the Planning Director.
3. Prior to issuance of a Building Permit, conditions listed under 14.20.170 Planned
Unit Residential Development must be reviewed and approved by the Planning
Director.
4. Prior to issuance of a Building Permit, conditions listed under 14.20.160
Townhouses must be reviewed for conformity by the Planning Director. However,
Page 29
Resolution No. PZ2021-10
Page 6 of 6
due to the unique nature of the project and its status as a condominium, the
criteria under 14.20.160 regarding lot width, lot size, and setbacks is hereby
modified according to the attached Table A as organized by Development Area
and represented on the Home Port master plan.
5. Prior to beginning construction of the project, a building permit must be issued by
the Building Official for the City of Kenai.
6. Applicant will provide a copy of DEC compliance certification on the water/sewer
system.
7. Approval and issuance of the Conditional Use Permit for the Planned Unit
Residential Development results in expiration of PZ2020-35 granting a
Conditional Use Permit for two, two unit townhouses and one three unit
townhouse on the subject property.
8. A yearly Conditional Use Permit report must be submitted to the City of Kenai
prior to the 31st day of December of each year.
9. The applicant will meet with City staff for on-site inspections when requested.
10. If there is a change of use for the above described property a new Conditional
Use Permit must be obtained, pursuant to 14.20.1 S0(i)(S).
11. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon
termination or interruption of the use for a period of at least one year.
12. Failure to provide documentation to the City for meeting these conditions shall be
grounds for the suspension or revocation of the conditional use permit.
13. The developer or subdivider of any Planned Unit Residential Development
including common open area, property, or amenities, shall have evidence that
compliance with Uniform Common Interest Ownership Act, AS 34.08, has been
made prior to the sale of any townhouse dwelling units.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28th day of April, 2021.
ATTEST:
Page 30
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Page 31
Resolution No. PZ1021-10
Table A: Ca ndition #4 Standards Table
Front Street Lofts Range Highllner Row Cannery South cannery North Plaza
Minimum Dedared Unit Size 1080 square feet 1500 square feet 2000 square feet 1000 square feet 900 square feet 900 square feet
Unit width 20' 20' 20' 20' 20' 20'
Front Setbacks 14' from Street 20 ' 14' from street 14' from street 14' 10' from other Units
Back Setbacks O' from Public Promenade 10' from Alley 10' from Alley 10' from Alley 10' 10' from Alley
Side Setbacks Zero Lot line Common wall: 10' 10' !Zero Lot line . 10' for 10' zero Lot line. 10' for end units
end units
Rear Alley Access No Yes Yes Yes No Yes
Commons & Open Space Adjacent Yes Yes No No No No
Will Meet All Fire COde yes yes yes yes yes yes
Page 32
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Page 34
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: February 9, 2024
SUBJECT: Action/Approval – Recommending City Council Enact Ordinance No. 3391-
2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use
Plan Map for Certain Parcels from Industrial to Mixed-Use
At their regular meeting held on January 17, 2024, City Council referred Ordinance No. 3391-
2024 to the Harbor Commission and Planning and Zoning Commission for a recommendation.
Ordinance No. 3391-2024 is an amendment to Kenai 2030 Comprehensive Plan
(“Comprehensive Plan”) Land Use Map to align with the vision of the waterfront development area
as identified in the Kenai Waterfront Revitalization Assessment Report. This Ordinance seeks to
change the existing land use classification shown on the Future Land Use Map in the
Comprehensive Plan from Industrial (IN) to Mixed Use (MU).
Please find the attached memo from Vice Mayor Knackstedt on Ordinance No. 3391-2024, the
Ordinance that would make this amendment.
The commission may recommend council enact the ordinance, or propose council amend and
enact it with modifications recommended by the commission, or to not enact the ordinance.
The commission is not making a final decision, so the commission action is not subject to appeal.
Attachment
Memo from Vice Mayor Knackstedt
Ordinance No. 3391-2024
City of Kenai I 210 l=idalgo A ve, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 35
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
Page 36
N
Ordinance 3391-2024
Existing Land Use Map
Map for Reference Only
NOT A LEGAL DOCUMENT
c::::J Land Use
Reclassification Area
1111 Suburban Residential
1111 General Commercial
c=J 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 Page 37
N
Ordinance 3391-2024
Proposed Land Use Map
Map for Reference Only
NOT A LEGAL DOCUMENT
c::::J Land Use
Reclassification Area
1111 Suburban Residential
1111 General Commercial
c=J 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 Page 38
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,
~
K(;NAI
Page 39
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
Page 40
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
Page 41
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 Page 42
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: February 9, 2024
SUBJECT: Action/Approval – Recommending City Council Enact 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
At their regular meeting held on January 17, 2024, City Council referred Ordinance No. 3392-
2024 to the Harbor Commission and Planning and Zoning Commission for a recommendation.
Ordinance No. 3392-2024 is an amendment to Kenai Zoning Code and Official Zoning Map in
response to the efforts and vision that resulted from the Kenai Waterfront Revitalization
Assessment. This Ordinance seeks to change the existing zoning district as shown on Official
Zoning Map from Heavy Industrial (IH) to a new zoning district, Working Waterfront (WW), which
includes amendments to the Kenai Zoning Code to reflect this new zoning district.
Please find the attached memo from Vice Mayor Knackstedt on Ordinance No. 3392-2024, the
Ordinance that would make these amendments, along with the Ordinance itself.
The commission may recommend council enact the ordinance, or propose council amend and
enact it with modifications recommended by the commission, or to not enact the ordinance.
The commission is not making a final decision, so the commission action is not subject to appeal.
Attachment
Memo from Vice Mayor Knackstedt
Ordinance No. 3392-2024
City of Kenai I 210 l=idalgo A ve, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 43
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
Page 44
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
Page 45
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
Page 46
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,
~
K(;NAI
Page 47
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
Page 48
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.
Page 49
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
Page 50
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
Page 51
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
Page 52
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
Page 53
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
Page 54
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.
I I I 11 I I 11 111111 I I I - I
Page 55
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.
Page 56
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
Page 57
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
Page 58
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
Page 59
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.
Page 60
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
Page 61
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.
___________________________________
Page 62
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
Page 63
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 Page 64
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: February 9, 2024
SUBJECT: 810 Set Net Drive – Granting a Home Occupation Permit to Allow a Home
Office and Equipment Storage for a Cleaning Service Business
Request The applicant is requesting to operate a home office and store cleaning
equipment in the single-family dwelling.
Staff
Recommendation
Approve the Home Occupation Permit for a Home Office and Equipment
Storage for a Cleaning Service Business.
Applicant: Roberta Memushi
Property Owners: Roberta Memushi and Alecsy Gomez
Legal Description: Lot 12, Block 2 V.I.P. Ranch Estates Subdivision Part 7
Property Address: 810 Set Net Drive
KPB Parcel No.: 04940069
Lot Size (acreage): 1.13
Zoning: Rural Residential (RR)
Current Use: Single-Family Dwelling
Land Use Plan: Low-Density Residential (LDR)
SUMMARY
The applicant has applied for a Home Occupation Permit (HOP) to operate a home office and
equipment storage in the single-family dwelling. The HOP would be conducted within an
approximately 2,050 square foot 2-story single-family dwelling with an approximately 526 square
foot attached garage. The applicant indicated that they would use approximately 60 square feet
of the garage for storage of cleaning equipment and supplies. It is noted on the application that a
business sign will not be placed on the property.
Ki;NAI
Page 65
810 Set Net Drive
Home Occupation Permit
Home Office and Equipment Storage Page 2 of 3
ANALYSIS
Pursuant to KMC 14.20.230(a), the intent of a HOP is to allow uses that are compatible with other
permitted uses and with the residential character of a neighborhood, and that are clearly
secondary or incidental to the residential use of the main building. Prior to granting a home
occupation permit, the administrative official shall determine that the application meets the criteria
as outlined in KMC 14.20.230(e) [Home Occupations] Permit Application and recommend that the
Commission grant the permit on the consent agenda.
The proposed HOP meets the intent of Kenai Zoning Code for a HOP because it would be an
accessory use to the existing single-family residence. Staff finds that the use of a home office for
a cleaning service business, where the services are provided off-site and a small portion of the
garage for equipment storage would not adversely impact the residential character of the
neighborhood. The parking requirement is the same as a single-family/two-family dwellings, two
(2) spaces per dwelling units and this requirement is met with the existing 2-car garage and
driveway.
Home Occupations – Development Requirements
Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home
Occupation, as follows:
KMC14.20.230(d)(1) Not more than one (1) person outside the family shall be
employed in the Home occupation.
Findings: The applicant states that there will not be more than one person outside of the
family that will be employed for the home occupation. This requirement is met.
KMC 14.20.230(d)(2) No more than thirty percent (30%) of the gross floor area of all
buildings on the lot shall be used for the home occupation.
Findings: The gross floor area (GFA) of all buildings on the lot is approximately 2,576
square feet and 30 percent of the GFA is 772 square feet. The use for the home
occupation would not exceed 772 square feet of the single-family dwelling.
KMC 14.20.230(d)(3) The home occupation shall be carried on wholly within the
principal building, or other buildings which are accessory thereto. Any building
used for a home occupation shall be wholly enclosed.
Findings: Only a portion of the single-family dwelling will be used for home office and a
small portion of the garage will be used for equipment storage. Both spaces are wholly
enclosed. This requirement is met.
Fire Code Inspections
Pursuant to KMC 14.20.230(h)(2), Residences which are the subject of a home occupation permit
application (other than day care facilities) may be required to be inspected by the Fire Marshal for
compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal
determines it is necessary for public safety.
Page 66
810 Set Net Drive
Home Occupation Permit
Home Office and Equipment Storage Page 3 of 3
The Fire Marshall has confirmed that the proposed home office and equipment storage for a
cleaning service business will not require an inspection prior to the approval of the HOP.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.230(e)(4) Notice of the consideration by the Commission
of a home occupation permit application shall be published once at least two (2) days prior to the
meeting in a paper of general circulation in the City of Kenai. The public notice was published on
Wednesday, February 7, 2024 in the Peninsula Clarion.
At this time, staff has not received any comments.
STAFF RECOMMENDATION
Staff finds that the proposed home office and equipment storage for a cleaning service business
in a single-family dwelling located at 810 Set Net Drive meets the criteria for issuance of a Home
Occupation Permit as set forth in Kenai Municipal Code 14.20.230, and hereby recommends that
the Planning and Zoning Commission grant the Home Occupation Permit, subject to the following
conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Home Occupation Permit.
2. Upon request, the applicant or applicant’s representative shall meet with City staff for an
on-site inspection.
3. If a sign is proposed, the applicant must obtain a sign permit for the Home Occupation.
ATTACHMENTS
Aerial Map
Application
Business License
Page 67
Home Occupation Permit
Home Office and Equipment Storage
K ~ N A I 810 Set Net Drive
N Map for Reference Only
NOT A LEGAL DOCUMENT
!0.-------.------, 1.--------.-----1 A. 75 150 300 Feet Page 68
....
Name:
Mailing Address: -----=----------·-·-
City:
Phone Number(s):
Email:
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Home Occupation
Permit
Application Pl-
State:
Kenai Peninsula Borough Parcel# (Propery Tax ID):
Legal Description:
Zoning:
Home occupation use (attach additional sheets if necessary):
City of Kenai
Pl1nning and Zoning Department
210 Fida Igo Avenue
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city/planning
Zip Code:
Home occupations are accessory uses conducted so the average neighbor would not be aware of its existence.
Describe how the home occupation is compatible with other permitted uses and with the residential character of
the neighborbood:
Will you place a sign on the property for your home occupation?
(allowed with an approved sign permit) □YES fi NO
Page 69
"
Will no more than one person outside of the family be employed for the home
occupation?
Will no more than 30% of the gross floor area of all buildings on the lot be used
for the home occupation?
Will the home occupation take place in a wholly enclosed principal building or
other building accessory to the principal building on the property?
~YES
MYES
~YES
AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: l hereby certify that (I am) (I have been authorized
to act for) owner of the property described above and that I petition for a home occupation permit in conformance
with Title 14 of the Kenai Municipal Code. I understand that assigned hearing dates are tentative and may have to
be postponed by Planning Department staff for administrative reasons. I understand that a site visit may be
required to process this application. City of Kenai personnel are authorized to access the above-referenced
property for the purpose of processing this application.
Signature:
Fire Inspection Status:
For City Use Only Date Application Fee Received:
PZ Resolution Number:
Page 70
Alaska Business License # 2192381
Alaska Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
PO Box 110806, Juneau, AK 99811-0806
This is to certify that
Alekos Cleaning Services
P.O. Box 195, Kasilof, AK 99610
owned by
Alecsy Gomez; Roberta Memushi
is licensed by the department to conduct business for the period
January 22, 2024 to December 31, 2024
for the following line(s) of business:
56 - Administrative, Support, Waste Management and Remediation Services
This license shall not be taken as permission to do business in the state without having
complied with the other requirements of the laws of the State or of the United States.
This license must be posted in a conspicuous place at the business location.
It is not transferable or assignable.
Julie Sande
Commissioner
Page 71
Planning Commission
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Betty J. Glick Assembly Chambers7:30 PMMonday, February 12, 2024
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Planning Commission public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment .
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities .
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
Page 1 Printed on 2/2/2024Page 72
February 12, 2024Planning Commission Meeting Agenda
C. APPROVAL OF CONSENT AND REGULAR AGENDA
All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine
and non-controversial by the Planning Commission and will be approved by one motion. There will be no
separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item
will be removed from the consent agenda and considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please
advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to
comment.
1. Time Extension Request - None
2. Planning Commission Resolutions - None
3. Plats Granted Administrative Approval
a. McNamara Acres at Moose Hill; KPB File 2023-009R1KPB-5785
C3. Admin ApprovalAttachments:
4. Plats Granted Final Approval (KPB 20.10.040)
a. Soldotna Junction Subdivision 2023 Replat; KPB File 2023-043KPB-5786
C4. Final ApprovalsAttachments:
5. Plat Amendment Request - None
6. Commissioner Excused Absences - None
7. Minutes
January 22, 2024 PC Meeting MinutesKPB-5782
C7. 012224 PC MinutesAttachments:
D. OLD BUSINESS - None
E. NEW BUSINESS
Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in
ex-parte contact with the applicant, other parties interested in the application, or members of the
public concerning the application or issues presented in the application)
Page 2 Printed on 2/2/2024Page 73
February 12, 2024Planning Commission Meeting Agenda
Conditional Use Permit: PC Resolution 2024-03
Applicant: City of Soldotna
Request: Repair and replace a portion of a wastewater treatment line
and a manhole with the 50-foot HPD of the Kenai River
City of Soldotna
KPB-57831.
E1. CUP_City of Soldotna_PacketAttachments:
Public Hearing: Legislative Matters
Ordinance 2024-03: Authorizing the sale of certain parcels of Borough
owned land by outcry auction followed by a secondary online auction.
KPB-57842.
E2. Land Sale Ordinance_PacketAttachments:
F. PLAT COMMITTEE REPORT
The Plat Committee will review 5 plats
G. OTHER
H. PUBLIC COMMENT/PRESENTATION
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
I. DIRECTOR'S COMMENTS
J. COMMISSIONER COMMENTS
K. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, February 26, 2024 in the
Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration
Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Page 3 Printed on 2/2/2024Page 74
February 12, 2024Planning Commission Meeting Agenda
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
A party of record may file an appeal of a decision of the Planning Commission in accordance with the
requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough
Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and
records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits
cannot be made without the consent of the borough assembly.
Vacations within city limits cannot be made without the consent of the city council. The assembly or city council
shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no
veto is received within the specified period, it shall be considered that consent was given.
A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration .
Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of
the date of the final denial action except in the case where new evidence or circumstances exist that were not
available or present when the original petition was filed.
Page 4 Printed on 2/2/2024Page 75
Plat Committee
Kenai Peninsula Borough
Meeting Agenda
144 North Binkley Street
Soldotna, AK 99669
Betty J. Glick Assembly Chambers6:30 PMMonday, February 12, 2024
Zoom Meeting ID: 907 714 2200
The hearing procedure for the Plat Committee public hearings are as follows:
1) Staff will present a report on the item.
2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative
– 10 minutes
3) Public testimony on the issue. – 5 minutes per person
4) After testimony is completed, the Planning Commission may follow with questions. A person may only
testify once on an issue unless questioned by the Planning Commission.
5) Staff may respond to any testimony given and the Commission may ask staff questions.
6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present
new testimony or evidence.
7) The Chair closes the hearing and no further public comment will be heard.
8) The Chair entertains a motion and the Commission deliberates and makes a decision.
All those wishing to testify must wait for recognition by the Chair. Each person that testifies must write his or
her name and mailing address on the sign -in sheet located by the microphone provided for public comment .
They must begin by stating their name and address for the record at the microphone. All questions will be
directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities .
Decorum must be maintained at all times and all testifiers shall be treated with respect.
A. CALL TO ORDER
B. ROLL CALL
1. Agenda
2. Member / Alternate Excused Absences
3. Minutes
Page 1 Printed on 2/6/2024Page 76
February 12, 2024Plat Committee Meeting Agenda
January 22, 2024 Plat Committee Meeting MinutesKPB-5776
C3. 012224 Plat MinutesAttachments:
4. Grouped Plats
February 12, 2024 Grouped Plats
E2. Soldotna Creek the Point Addition; KPB File 2024-007
E3. Wellness Tract 2023 Replat; KPB File 2024-009
E5. Fair Ridge Subdivision Part 7; KPB File 2024-005
KPB-5787
Plat Grouped SR_021224Attachments:
D. OLD BUSINESS
E. NEW BUSINESS
US Survey 3564; KPB File 2023-141
McLane Consulting Group / Zimmerman
Location: Kalifornsky Beach Road
Kasilof Area
KPB-57771.
E1. US Survey 3564_PacketAttachments:
Soldotna Creek The Pointe Addition; KPB File 2024-007
McLane Consulting Group / Hutchings
Location: Sterling Highway & Forty Seventh Street
City of Soldotna
KPB-57782.
E2. Soldotna Creek The Pointe Addn_PacketAttachments:
Wellness Tract 2023 Replat; KPB File 2024-009
Johnson Surveying / Knackstedt, Johnson
Location: Yewell Road & Wellness Avenue
Kalifornsky Area
KPB-57793.
E3. Wellness Tract 2023 Replat_PacketAttachments:
Hauck’s View Subdivision #2; KPB File 2024-010
Johnson Surveying / Hauck
Location: Cohoe Loop Road
Cohoe Area
KPB-57804.
E4. Hauck's View Subd #2_PacketAttachments:
Page 2 Printed on 2/6/2024Page 77
February 12, 2024Plat Committee Meeting Agenda
Fair Ridge Subdivision Part 7; KPB File 2024-005
Johnson Surveying / Fair
Location: Forbidden Court & Van Dyke Street
Sterling Area
KPB-57815.
E5. Fair Ridge Sub. Part 7_PacketAttachments:
F. PUBLIC COMMENT
(Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per
speaker unless previous arrangements are made)
G. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NEXT REGULARLY SCHEDULED PLAT COMMITTEE MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, February 26. 2024 in the Betty J.
Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144
North Binkley Street, Soldotna, Alaska at 7:30 p.m.
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2215
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Written comments will be accepted until 1:00 p.m. on the last business day (usually a Friday) before the day of
the Plat Committee meeting in which the item is being heard. If voluminous information and materials are
submitted staff may request seven copies be submitted. Maps, graphics, photographs, and typewritten
information that is submitted at the meeting must be limited to 10 pages. Seven copies should be given to the
recording secretary to provide the information to each Committee member. If using large format visual aids (i.e.
poster, large-scale maps, etc.) please provide a small copy (8 ½ x 11) or digital file for the recording secretary.
Audio, videos, and movies are not allowed as testimony. If testimony is given by reading a prepared statement,
please provide a copy of that statement to the recording secretary.
An interested party may request that the Planning Commission review a decision of the Plat Committee by filing
a written request within 10 days of the written notice of decision in accordance with KPB 2.40.080.
Page 3 Printed on 2/6/2024Page 78
Kenai City Council - Regular Meeting Page 1 of 3
February 07, 2024
Kenai City Council - Regular Meeting
February 07, 2024 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 3**
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS
1. Kenai Permanent Fund Annual Review, 2023 Financial Performance, Financial Projections and
Recommended 2024 Asset Allocations for the City’s Permanent Fund, Brandy Niclai and Bill
Lierman, from Alaska Permanent Capital Management.
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
1. Project Homeless Connect 2024, Jodi Stuart, Project Homeless Connect Publicity Chair.
2. Kenai Chamber of Commerce and Visitor Center Annual Report, Samantha Springer, Executive
Director.
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED WITHOUT OBJECTION. Ordinance No. 3388-2024 - Increasing Estimated
Revenues and Appropriations in the General Fund for the City’s Joint Participation in the Kenai
Peninsula Borough’s Safe Streets and Roads for All Action Plan Grant Through the United
States Department of Transportation. (Administration)
2. ENACTED WITHOUT OBJECTION. Ordinance No. 3389-2024 - Accepting and Appropriating
Donations from Kenai Senior Connection, Inc., to the Kenai Senior Center. (Administration)
3. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3390-2024 - Increasing
Estimated Revenues and Appropriations in the Airport Fund to Purchase Air Service
Development Professional Services at the Kenai Municipal Airport for Costs in Excess of
Budgeted Amounts. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 3
February 07, 2024
4. POSTPONED TO 2/21/2024. Resolution No. 2024-05 - Amending the Employee
Classification Plan by Reclassifying the Public Works Building Official/Manager to a Building
Official and Adjusting the Range for this Class. (Administration)
5. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-06 - Designating the Investment
and Allocation Plan for the City’s Permanent Funds and Establishing Appropriate Benchmarks
to Measure Performance for Calendar Year 2024. (Administration)
6. ADOPTED AS AMENDED WITHOUT OBJECTION. Resolution No. 2024-07 - Adopting the
City’s Capital Improvement Plan for Fiscal Years 2025-2029. (Administration)
F. MINUTES
1. *Regular Meeting of January 17, 2024. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
3. *Action/Approval - Confirmation of Mayoral Nomination for Appointment to the Council on
Aging. (Gabriel)
4. *Ordinance No. 3393-2024 - Accepting and Appropriating Donations to the Kenai Animal
Shelter for the Care of Animals. (Administration)
5. *Ordinance No. 3394-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund to Provide Supplemental Funding to the Street Lights Repair and Maintenance
Operational Budget. (Administration)
6. *Ordinance No. 3395-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund for Radio Advertising and Approving Council Policy 20.030-Radio Advertising for
Public Meetings and Elections. (Douthit)
7. *Ordinance No. 3396-2024 - Amending Kenai Municipal Code 4.31.015 - Local Amendments
to the 2009 International Fuel Gas Code for Housekeeping Purposes. (Administration)
8. *Ordinance No. 3397-2024 - Increasing Estimated Revenues and Appropriations in the Water
Sewer Capital Project Fund for the Cemetery Creek Culvert Replacement Project and Accepting
a Donation from the Kenai Foundation in Support of the Project. (Administration)
9. *Ordinance No. 3398-2024 - Amending Kenai Municipal Code Title 6 - Elections, to Enhance
Consistency, Promote Efficiencies and Make Housekeeping Changes. (City Clerk)
10. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing the City Manager Enter
into an Agreement with Nutrien US, LLC. for the Purpose of Loaning the Steelhead Drilling
Platform Model for Display at the Nutrien’s Local Facility. (Administration)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
Page 80
Kenai City Council - Regular Meeting Page 3 of 3
February 07, 2024
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
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.]
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.]
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/82853332754 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 828 5333 2754 Passcode: 086363 Meeting ID: 828 5333 2754 Passcode: 086363
Page 81
Page 82
PLANNING & ZONING COMMISSION
Resolution PZ2024-03 –Conditional Use Permit Modification
Cabin Rentals (i.e., Short-Term Rentals) for 60-Unit Planned Unit Residential
Development
2101 Bowpicker Lane
February 14, 2024
Conditional Use Permit Modification –Cabin Rentals (i.e., Short-term Rentals)
Summary
Current Use Planned Unit Residential Development
Zoning Heavy Industrial (IH)
Land Use Designation Industrial (IN)
Lot Size 10.24 acres
Related CUP PZ2021-10
Surrounding Uses
North Wetlands
South “The Cannery Lodge”
West Vacant and Access Road
East Kenai River
KMC 14.20.150(e) Conditional Use Permit Review Criteria
STAFF ANALYSIS
Criteria 1 The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Met
Criteria 2 The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired.Met
Criteria 3 The proposed use is in harmony with the Comprehensive Plan.Met
Criteria 4 Public services and facilities are adequate to serve the proposed use.Met
Criteria 5 The proposed use will not be harmful to the public safety, health or welfare.Met
Criteria 6
Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use.
Met, subject to Condition 2
Staff Recommendation
Adopt Resolution PZ2024-03 granting an amendment to the
Conditional Use Permit for the operation of cabin rentals (i.e., short-
term rentals) within the 60-unit planned unit residential development
(PZ2021-10) on Tract 4-A, Kenai Landing Subdivision 2021 Addition
located at 2101 Bowpicker Lane subject to the conditions in PZ2021-
10 and the listed conditions.
PLANNING & ZONING COMMISSION
Resolution PZ2024-03 –Conditional Use Permit Modification
Cabin Rentals (i.e., Short-Term Rentals) for 60-Unit Planned Unit Residential
Development
2101 Bowpicker Lane
February 14, 2024
PLANNING & ZONING COMMISSION
Ordinance No. 3391-2024 –Comprehensive Plan Future Land Use Map
Amendment from Industrial (IN) to Mixed-Use (MU)
February 14, 2024
Comprehensive Plan Amendment –Industrial (IN) to Mixed-Use (MU)
Summary
Current Land Use Designation Industrial (IN)
Proposed Land Use Designation Mixed-Use (MU)
No. of Parcels 30
EXISTING LAND USE CLASSIFICATIONIndustrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non-industrial uses are desirable.
PROPOSED LAND USE CLASSIFICATIONMixed 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.
Staff Recommendation
Recommend City Council Enact Ordinance No.3391-2024 to amend the
Comprehensive Plan Future Land Use Map from Industrial (IN)to Mixed-Use (MU)
land use classification.
Possible Motions for Recommendation to City Council
•Enact the Ordinance (staff’s recommendation)
•Amend and Enact with Modifications
•Not Enact the Ordinance
PLANNING & ZONING COMMISSION
Ordinance No. 3391-2024 –Comprehensive Plan Future Land Use Map
Amendment from Industrial (IN) to Mixed-Use (MU)
February 14, 2024
PLANNING & ZONING COMMISSION
Ordinance No. 3392-2024 –Kenai Municipal Code (KMC) Amendments and
Official Zoning Map Amendment –Add a New Zoning District, Working
Waterfront (WW) and Rezone Heavy Industrial (IH) to Working Waterfront
(WW) or Conservation (C) Zoning District
February 14, 2024
KMC Amendments –New Zoning District, Working Waterfront (WW)
•Subsection 14.20.030(a)Adoption of Zones and Zoning Map.
•Chapter 14.20 Kenai Zoning Code –Add 14.20.128 Working Waterfront Zone
(WW Zone)
•Section 14.22.010 Land Use Table –Add WW Zone to the table and added
footnote no.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.
•Chapter 14.24 Development Requirements Table
KMC Amendments –New Zoning District, Working Waterfront (WW)
•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;
Cont. KMC Amendments –New Zoning District, Working Waterfront (WW)
•(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;
•(9)To protect and maintain certain industrial uses that require waterfront locations.
Rezone –Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C)
Summary
Current Zoning District Heavy Industrial (IH)
Proposed Zoning Districts Working Waterfront (WW) Conservation (C)
No. of Parcels 35
EXISTING ZONING DISTRICTThe Heavy Industrial (IH) Zone is established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect.
PROPOSED ZONING DISTRICTS
•Working Waterfront (WW)
•The Conservation (C) Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land.
Staff Recommendation
Recommend City Council Enact Ordinance No.3392-2024 to Amend the Kenai
Zoning Code to Add a New Zoning District,Working Waterfront (WW)and Amend
the Official Zoning Map to Rezone Heavy Industrial (IH)to Working Waterfront (WW)
or Conservation (C)Zoning District.
Possible Motions for Recommendation to City Council
•Enact the Ordinance (staff’s recommendation)
•Amend and Enact with Modifications
•Not Enact the Ordinance
PLANNING & ZONING COMMISSION
Ordinance No. 3392-2024 –Kenai Municipal Code Amendments and Official
Zoning Map Amendment –Add a New Zoning District, Working Waterfront
(WW) and Rezone Heavy Industrial (IH) to Working Waterfront (WW) or
Conservation (C) Zoning District
February 14, 2024
CERTIFICATE OF PUBLICATION & POSTING
I, Linda Mitchell, Planning Director of the City of Kenai, do
hereby certify that on the 2nd day of February, 2024, I
electronically mailed or caused to be published the
foregoing Notice of Meeting to the Peninsula Clarion and
requested that this Notice be published in the February 7,
2024 edition of their newspaper. On the 9th day of
February, 2024, the full meeting agenda was also posted
at Kenai City Hall and on the internet at www.kenai.city.
___________________________
Linda Mitchell, Planning Director