HomeMy WebLinkAboutOrdinance No. 3392-2024Sponsored by: Vice Mayor Knackstedt
KENAI
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 ffvm 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 February 12, 2024 to discuss the proposed ordinance to create a waterfront zoning district and amend
the Comprehensive Plan; and,
WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of February 14,
2024 recommended approval with amendments on amending the Kenai Municipal Code (KMC) to add a
new zoning district and rezone the waterfront area; and,
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Ordinance No. 3392-2024
Page 2 of 16
WHEREAS, the Harbor .Commission at its regularly scheduled meeting of February 12, 2024
recommended approval on amending the KMC to add a new zoning district and rezone the waterfront
area; and,
WHEREAS, at its meeting on February 21, 2024, City Council postponed the public hearing to March 20,
2024 and scheduled a joint work session with the Planning and Zoning Commission on March 20, 2024
before the regular meeting; 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
Recreational R Zone
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Ordinance No. 3392-2024
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Townsite Historic
TSH Zone
Education Zone
ED Zone
Central Mixed Use
CMU Zone
Working Waterfront
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 encouraae. 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.
Parking Requirements. As re uired by this chapter.
Development Re uirements. As required by this title.
(h) Landscaping. As required in KMC _
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Ordinance No. 3392-2024
Page 4 of 16
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
RS
R
C
E
VWU
LAND USES
ALI
C
RR
R-
RS
-1
RS-2
U
CC
G
IL
IH
D
R
H
LC
CMU
1
RESIDENTIAL
One -Family Dwelling
N
C18
P
P
P
P
P
P
P21
S1
S2
S2
C2
P
P
P
S1/C21
S33/C
2
Two-, Three -Family
N
C18
P
P
P
P
P
P
P21
S1
C
C
C2
P
P
P
S1/C21
P
Dwelling
2
Four -Family Dwelling
N
C18
P
C3
P
N
N
P
P21
S1
C
C
C2
N
P
C
S1/C21
P
,29
2
Five-, Six -Family
N
C18
C3
N
P
N
N
P
P21
S1
C
C
N
N
P
C
S1/C21
P
Dwelling
Seven- or More Family
N
C18
C3
N
C3
N
N
P
P21
S1
C
C
N
N
P
C
S1/C21
P
Dwelling
Mobile Home Parks
N
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
N
Planned Unit
N
C18
C
C2
C
C
C
C
C
C
C
C
N
C
C
C
C
P
Residential
9
Development'
Townhouses4
N
C18
C3
C3
C3
C3
C3
`+3
C
C
C
C
C2
C
C
C
C
C
,29
2
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Ordinance No. 3392-2024
Page 5 of 16
Accessory Building on
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
N
Parcel Without Main
Building or Use (See
KMC l
COMMERCIAL
Airport Compatible
P
N
N
N
N
N
N
N
C
C
C
C
N
N
N
C
C
C
Uses
Adult Businesses
N
N
N
N
N
N
N
N
p31
P3
P3
P3
N
N
N
N
N
N
1
1
1
Automotive Sales
C
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
N
Automotive Service
C
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
C
Stations
Banks
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
P
Business/Consumer
C
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
P
Services
Commercial
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
P
Recreation
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
I P
P
Lodge
C
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
P
Marijuana Cultivation
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
N
Facility, Limited30
Marijuana Cultivation
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
N
Facility, Standard30
Marijuana Product
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
N
Manufacturing
Facility30
Marijuana Testing
N
N
N
N
N
N
N
N
C
C
P
P
N
N
N
C
C
N
Facility'
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Ordinance No. 3392-2024
Page 6 of 16
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
C
Gas
Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
C
Manufacturing/Fabrics
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 /
INSTITUTIONAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
N
C
P10
P1
0
P10
P10
P10
P1
0
P10
P1
0
C
C
P
P1
0
P
P
P
P
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Ordinance No. 3392-2024
Page 7 of 16
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
P
Colleges*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Elementary Schools*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Governmental
P
C
C
C2
C
C
C
C
P
P
P
C
P
C
C
P
P
P
Buildings
s
High Schools*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Hospitals*
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
C
Libraries*
N
C
C
C2
C
C
C
C1
P
P
P
C
P
C
P
C
P
P
9
2
Museums
C
C
C
C2
C
C
C
C
P
P
P
C
P
C
P
C
P
P
9
Parks and Recreation
N
P
C
C2
C
C
C
C
P
P
P
P
P
P
P
C
P
P
s
MISCELLANEOUS
Animal
C
C
C
N
C
C
N
N
C
C
C
C
N
C
N
C
C
C
Boarding/Commercial
Kennel13
Assemblies15 (Large:
P
C
C
N
C
C
C
C
P15
P1
P1
P1
P1
C
P
N
P15
P
Circuses, Fairs, etc.)
5
5
5
5
Bed and Breakfasts
N
C
C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
C
Cabin Rentals
N
C
C
N
C
N
N
N
P
P
P
C
N
P
P
C
P
P
Cemeteries
P
C
C
N
C
N
N
N
N
C
C
C
N
C
C
N
N
N
Communications
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
C
Towers and
Antenna(s), Radio/TV
Transmitters/Cell
Sites** 28
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Ordinance No. 3392-2024
Page 8 of 16
Crematories/Funeral
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
N
Homes
Day Care Centers12
N
C
C
C2
C
C
C
C
P
P
P
C
C
C
C
P
P
C
9
Dormitories/Boarding
N
C
C
N
C
C
C
P
P21
S
C
P
P2
C
C
C
P
P
Houses
3
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General
N
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
C
Agriculture***
Fraternal
N
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
P
Organizations/ Private
Clubs/Social Halls and
Union Halls
Greenhouses/Tree
N
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
P
Nurseries13
Gunsmithing,
N
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
P
Taxidermy
Nursing, Convalescent
N
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
P
or Rest Homes
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
P
P
27
Recreational Vehicle 7
N
C
C
N
C
N
N
C
C
C
C
C
N.
C
C
N
C
C
Parks
Subsurface Extraction
C
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
C
of Natural Resources16
Surface Extraction of
C
C
C
N
C
N
N
C
N
C
C
C
N
C
N
N
N
N
Natural Resources17
* See 42 U.S.C_ Sec. 2000cc (Reliaious
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. iu.u,
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Ordinance No. 3392-2024
Page 9 of 16
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 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 IRS Zone;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements shall be the same as for
principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will
be in harmony with the character of the surrounding neighborhood, and will not adversely affect
surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation areas to serve the
needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for which the access
streets are designed;
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See "Townhouses" section.
5 See "Mobile Homes" section.
6 Allowed as a conditional use, subject to "Mobile Homes" section; and provided, that any mobile home
park meets the minimum Federal Housing Authority requirements.
7 See "Planned Unit Residential Development" section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site
will not destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met.
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.
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Ordinance No. 3392-2024
Page 10 of 16
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 ).
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.
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.
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Ordinance No. 3392-2024
Page 11 of 16
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 14.20.2E " are met or a conditional use (C) if the applicable conditions set forth in KMC
1 A.20.150 and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such
parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from
a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet
as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway
access as shown on an as -built drawing/survey of the parcel.
30 See marijuana regulations, KMC —Home Occupations, —Definitions,
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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 12 of 16
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.
33 Commercial or industrial which falls under the landscaping/site glans requirements of KMC Chapter
14.25 shall include any secondary uses in the landscaping and site plans.
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
ALI/I UI H/
USES
C/RR
RR-1
RS
RS-1
RS-2
SH
CC/CG/CMU/
R
ED
LC
WW
MINIMUM LOT
AREA (square
feet)
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
20,000
22,400
9,600
N
N
7,200
N
N
12,500
Dwelling
See individual
Five Family
Dwelling
22,400
N
12,000
N
N
7,200
N
N
12,500
sections of
Code for
requirements.
Six Family
Dwelling
24,800
N
14,400
N
N
7,200
N
N
12,500
27,200
16,800
Seven or More
2,400
2,400
Family Dwelling
for
N
for
N
N
7,200
N
N
12,500
each
each
unit
unit
over 7
over 7
Maximum Height
35
35
35
35
35
35
(feet)
Key: N = Not allowed.
New Text Underlined: [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 13 of 16
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
RRA
RS
RS-1
RS-2
RU/TSH
I/IUIH/CC/CG/
R
ED
LC
C /WW
MINIMUM LOT
90
90
60
60
60
60
See individual
90
90
90
WIDTH (feet)
sections of Code
for requirements
MINIMUM LOT
SIZE (feet)
Front Setback'
20
20
20
20
20
10
20
20
20
20
Side Setback
One -Story'
15
15
5
5
5
5
10
15
15
15
Daylight
15
15
10
10
10
5
10
15
15
15
Basement/Split
Leve13
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
30% 30%
30%
30%
30%
40%
30%
30%
30%
Coverage
Maximum Height 35 '35
35
35
35
35
(feet)
I
Footnotes:
Provided that the minimum front setback is measured from any right-of-way or access easement.
New Text Underlined; [DELETEDTExT BRACKETED]
Ordinance No. 3392-2024
Page 14 of 16
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.
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 (VW) zoning district.
Legal Descri tion
Tract E, Daubenspeck Property Subdivision
Portion of Alaska Tidelands Survey 98
Tract C, US Survey 104, Amended Tracts A, B, & C
Tract C, US Survey 104, Amended Tracts A, B, & C
Tract A, Kenai Tidelands Survey No. 1
Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying
North & Northwest & Northeast of US Survey 4563 Amended, Section
4, T5N R11 W
Lot 3, US Survey 4563 Amended
Lot 2, US Survey 4563 Amended
Parcel ID
04705703
04705702
04901113
04901112
04901121
04901131
04901123
04901124
New Text Underlined: [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 15 of 16
Alaska Tidelands Survey 82 04901125
Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563 04901130
Amended, Section 4, T5N R11 W
Lot 1, Kristine Subdivision No. 1 04901133
Lot 2, Kristine Subdivision No. 1 04901134
Tract B, Kenai Tidelands Survey No. 2 04901132
Tract C, Kenai Tidelands Survey No. 2 04901404
Lot 3A, Kristine Subdivision Jahrig Addition 04901136
Lot 3B, Kristine Subdivision Jahrig Addition 04901137
Lot 3C, Kristine Subdivision Jahrig Addition 04901138
Lot 1, Baron Wood Subdivision 04901312
Lot 2, Baron Wood Subdivision 04901313
US Survey 678 Amended 04901401
Alaska Tidelands Survey No. 770 04901403
Alaska Tidelands Survey No. 114
04901402
Lot 3, Baron Wood Subdivision No. 2
04901314
Lot 4A, Baron Wood Subdivision No. 2
04901321
Lot 5A, Baron Wood Subdivision No. 2 04901322
Lot 8, Baron Wood Subdivision 04901320
Tract E, Boat Ramp Subdivision 04945009
Tract F-1, Alaska State Land Survey No. 2012-04 04945011
Tract F-2, Alaska State Land Survey No. 2012-04 04945012
Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half) 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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 16 of 16
Tract B, City of Kenai Boat Ramp & ROW Dedication
Tract C, City of Kenai Boat Ramp & ROW Dedication
Tract D, City of Kenai Boat Ramp
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)
Attached is Exhibit "A" illustrating the area of the proposed zone change.
04945003
04945004
04945005
04910014
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 20TH DAY OF MARCH, 2024.
ATTEST:
Michel MC, City Clerk
f
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
January 17, 2024
March 20, 2024
April 19, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai 1 210 Ficlalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city
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
N
k
Ordinance 3392-2024
Existing Zoning
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 500 1,000 2,000 Feet
Rezone Area
Parcels
Conservation
Rural
-
Residential
Suburban
-
Residential
General
Commercial
Central
Mixed Use
Heavy
Industrial
Date Printed: 1/9/2024
� KENAI
Ordinance 3392-2024
Proposed Zoning
Map for Reference Only
Date Printed: 1/10/2024
N
NOT A LEGAL DOCUMENT
Ll
0 500 1,000 2,000 Feet
�NAI
+►' "�' 'fir
EXHIBIT
Ordinance 3392-2024
Zoning Map Amendment
N Map for Reference Only
NOT A LEGAL DOCUMENT
'I—r—r-1 '-1 1r—"—T1
0 500 1,000 2,000 Feet
� 1
Date Printed: 1/10/2024
,enai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.283.7535 1 www kenaixity
� -LTil=VAN X&IiL'h1�1�
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 21, 2024
SUBJECT: Ordinance 3392-2024 Requested Postponement
This memo requests postponement of Ordinance 3392-2024 untilr the March 6, 2024 City Council
Meeting. This postponement will allow for a joint work session with Planning and Zoning
Commission to be scheduled on March 6, 2024 from 4:30 p.m. to 5:30 p.m. before the regular
meeting.
The joint work session will provide an overview of the proposed Ordinance and discuss -the
proposed amendments from Planning and Zoning Commission at its regularly scheduled meeting
of February 14, 2024.
Thank you for your consideration.
=NA
_.. ,enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Henry Knackstedt, Vice Mayor
DATE: March 14, 2024
SUBJECT: Ordinance No. 3392-2024 — Potential Amendments
Ordinance No. 3392-2024 was created with the intent to allow land uses consistent with visions
and findings of the Kenai Waterfront Revitalization Assessment ("Assessment") to promote
development of the waterfront while protecting the existing industry and businesses in the
area. This Ordinance seeks to be inclusive of uses to allow for opportunities of growth,
development, and innovation as the City continues to refine the vision of the Assessment.
At their February 14, 2024 Planning and Zoning (P&Z) Commission Regular Meeting, the P&Z
Commission requested several amendments for recommendation to City Council on Ordinance
No. 3392-2024. After careful review and discussion with Administration, the following are my
position on P&Z Commission's recommended amendments to the proposed land use table for
the Working Waterfront (WW) Zoning District.
"Storage Yard" use is listed as a Conditional Use (C) to protect the existing businesses. A
change to Not Permitted (N) would make the existing businesses that operate a storage
yard non -conforming, subject to Kenai Municipal Code (KMC) Section 14.20.050
Nonconforming lots, structures, and uses.
"Assisted Living" is listed as a Conditional Use (C) in all zoning districts, except in the
Airport Light Industrial (ALI). For consistency, the use should be allowed as a Conditional
Use (C). The use should not be prohibited but remain as proposed, Conditional Use (C).
"Governmental Buildings" is listed as Principal Permitted Use (P). The City and State own
several properties in the area and to change the land use table to Not Permitted (N) would
prohibit the construction of government buildings, which is defined as "a building or
structure owned and operated by any department, commission, or agency of the United
States or of a state or municipality and used to conduct official business of government'.
The use is allowed by right or conditionally in all zoning districts. The use should be listed
as Principal Permitted Use (P) or Conditional Use (C).
• "Hospitals" is listed as Principal Permitted Use (P). A hospital is in the best interest of the
City and it is allowed in all commercial and mixed -use zoning districts with the exception
of Limited Commercial (LC). The use should be listed as Principal Permitted Use (P) or
Conditional Use (C).
"Day Care Centers" is listed as Principal Permitted Use (P) and it is allowed in all
commercial and mixed -use zoning districts. For consistency, the use should be listed as
Principal Permitted Use (P).
"Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites" is listed as
Conditional Use (C) and it is only prohibited in the Rural Residential 1 (RR-1) zoning
district. To prohibit telecommunication facility would deter wireless service expansion in
area. If there are concerns on aesthetic and visibility, then it can be address through public
hearing process. The use should not be prohibited but remain as proposed, Conditional
Use (C).
• "One -Family Dwelling" is listed as Conditional Use (C) to allow all residential density but it
is acknowledged that a single-family dwelling should be reviewed for compatibility with the
surrounding area. The use is allowed by right or conditionally in all zoning districts, except
the Airport Light Industrial (ALI). The use should not be prohibited but remain as proposed,
Conditional Use (C).
• "Two-, Three -Family Dwelling" is listed as Principal Permitted Use (P) to all residential
density. Similar to the one -family dwelling, it is allowed by right or conditionally in all zoning
districts, except in the Airport Light Industrial (ALI). The use should not be Conditional Use
(C) but remain as proposed, Principal Permitted Use (P).
• "Retail Marijuana Store" is listed as Conditional Use (C) and it is allowed by right or
conditionally in all commercial and mixed -use zoning districts. For consistency, the use
should be listed as Conditional Use (C).
• The following defined uses are listed as Principal Permitted Use (P) and P&Z Commission
is recommending it be listed as Not Permitted (N). It is open for discussion.
o "Elementary School' means any school usually consisting of grades pre-
kindergarten through grade six (6) or any combination of grades within this range.
o "High School' means a secondary school usually consisting of grades nine (9)
through twelve (12) or any appropriate combination of grades within this range.
o Fraternal Organizations/Private Clubs/Social Halls and Union Halls
■ "Fraternal organization" means a group of people formally organized for a
common object, purpose, or interest (usually cultural, religious or
entertainment) that conducts regular meetings and has written membership
requirements.
Page 2 of 3
The City of Kenai I www.kenaixity
o "Nursing, Convalescent or Rest Home" means a building or structure used as a
residence for people who require constant nursing care and/or have significant
deficiencies with activities of daily living.
Page 3 of 3
„J
The City of Kenai I wwwlenai.city
K . INAI
City J Kenai 1 210 Fida1go 4ve, Kenai, 4K 99611-77941907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: David Ross, Acting City Manager
FROM: Linda Mitchell, Planning Director
DATE: March 20, 2024
SUBJECT: Ordinance 3392-2024 Requested Amendment
This memo requests amendments to fill in the blanks and add a new WHEREAS paragraph within
the Ordinance.
The following amendments are respectfully requested.
Motion
Amend the ninth whereas clause by inserting the date of the Joint Work Session, to read:
➢ "WHEREAS, the Harbor Commission and the Planning and Zoning Commission held
a joint work session on February 12, 2024 to discuss the proposed ordinance to create
a waterfront zoning district and amend the Comprehensive Plan; and,"
Amend the tenth whereas clause by inserting the date of the meeting and the
recommendation of the commission, to read:
➢ "WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting
of February 14, 2024 recommended approval with amendments on amending the -
Kenai Municipal Code (KMC) to add a new zoning district and rezone the waterfront
area; and,"
Amend the eleventh whereas clause by inserting the date of the meeting and the
recommendation of the commission, to read:
➢ "WHEREAS, the Harbor Commission at its regularly scheduled meeting of February
12, 2024 recommended approval on amending the Kenai Municipal Code (KMC) to
add a new zoning district and rezone the waterfront area; and,"
Add a twelfth WHEREAS that reads:
➢ At its meeting on February 21. 2024, City Council postponed the public hearing to
March 20, 2024 and scheduled a joint work session with Planning and Zoning
Commission on March 20, 2024 before the regular meeting: and.
New Text Underlined
Thank you for your consideration.
_.., _.. _enai 1 210 FiJalgo Ave, Kenai, AK 99611-77941907.283.75351 www kenaixity
MEMORANDUM
TO:
Mayor Gabriel and Council Members
THROUGH:
David Ross, Acting City Manager
FROM:
Linda Mitchell, Planning Director
DATE:
March 20, 2024
SUBJECT:
Ordinance 3392-2024 Requested Housekeeping Amendment
This memo requests housekeeping amendments to remove certain references of footnote 32 from
Section 3, KMC 14.22.010 Land use table.
The following amendments are respectfully requested.
Motion
Amend Section 3, KMC 14.22.010 Land use table for Residential - Townhouses, Commercial
- Automotive Service Stations, and Industrial - Automotive Repair under the Working
Waterfront (WW) zoning district by deleting the reference to footnote 32.
LAND USES
WW
RESIDENTIAL
Townhouses4
C[321
COMMERCIAL
Automotive Service
Stations
C[321
INDUSTRIAL
Automotive Repair
C[321
[DELETED TEXT BRACKETED]
Thank you for your consideration.
•
, �41
K F=
-N
City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.283.75351 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: David Ross, Acting City Manager
FROM: Linda Mitchell, Planning Director
DATE: March 19, 2024
SUBJECT: Ordinance No. 3392-2024 — Requested Amendments from Planning and
Zoning Commission
At the February 14, 2024 Planning and Zoning (P&Z) Regular Meeting, the P&Z Commission
requested for the following amendments for recommendation to City Council on Ordinance No.
3392-2024.
The following amendments are respectfully requested.
Motion 1
Amend Section 3, KMC 14.22.010 Land use table for Residential, Townhouses under the
Working Waterfront (WW) zoning district by removing the reference to footnote 32.
LAND USES WW
RESIDENTIAL
Townhouses4 0321
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 2
Amend Section 3, KMC 14.22.010 Land use table for Commercial, Retail Marijuana Store
under the Working Waterfront (WW) zoning district, by deleting C for Conditional Use and
inserting N for Not Permitted.
LAND USES WW
COMMERCIAL
Retail Marijuana Store30 IV[C]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 3
Amend Section 3, KMC 14.22.010 Land use table for Industrial, Storage Yard under the
Working Waterfront (VWI/) zoning district, by deleting C for Conditional Use; deleting reference
to footnote 32, and inserting N for Not Permitted.
LAND USES
WW
INDUSTRIAL
Storage Yard
N[C32]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 4
Amend Section 3, KMC 14.22.010 Land use table for Public/Institutional, Assisted Living
under the Working Waterfront (VWV) zoning district, by deleting C for Conditional Use and
inserting N for Not Permitted.
LAND USES WIN
PUBLIC/INSTITUTIONAL
Assisted Living N[C]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 5
Amend Section 3, KMC 14.22.010 Land use table for Public/Institutional, Elementary Schools
under the Working Waterfront (WW) zoning district, by deleting P for Principal Permitted Use
and insert N for Not Permitted.
LAND USES WW
PUBLICANSTITUTIONAL
Elementary Schools* N[P]
New Text Underlined; [DELETED TEXT BRACKETED]
f
J The City of Kenai I www.6nai.city Page 2 of 5
Motion 6
Amend Section 3, KMC 14.22.010 Land use table for Public/Institutional, Governmental
Buildings under the Working Waterfront (WW) zoning district, by deleting P for Principal
Permitted Use and inserting N for Not Permitted.
LAND USES WW
PUBLIC/INSTITUTIONAL
Governmental Buildings NIP]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 7
Amend Section 3, KMC 14.22.010 Land use table for Public/Institutional, High Schools under
the Working Waterfront (WW) zoning district, by deleting P for Principal Permitted Use and
inserting N for Not Permitted.
LAND USES WIN
PUBLIC/INSTITUTIONAL
High Schools* NIP]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 8
Amend Section 3, KMC 14.22.010 Land use table for Public/Institutional, Hospitals under the
Working Waterfront (WW) zoning district, by deleting P for Principal Permitted Use and
inserting N for Not Permitted.
LAND USES
I WW
PUBLIC/INSTITUTIONAL
Hospitals*
NIP]
New Text Underlined; [DELETED TEXT BRACKETED]
1 The City of Kenai I www_6nai.city Page 3 of 5
Motion 9
Amend Section 3, KMC 14,22.010 Land use table for Miscellaneous, Communication Towers
and Antenna(s), Radio/TV Transmitters/Cell Sites under the Working Waterfront (WW) zoning
district, by deleting C for Conditional Use and inserting N for Not Permitted.
LAND USES i WW
MISCELLANEOUS
Communications Towers and Antenna(s), N[C]
Radio/TV Transmitters/Cell Sites** 28
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 10
Amend Section 3, KMC 14.22.010 Land use table for Miscellaneous, Day Care Centers under
the Working Waterfront (WW) zoning district, by deleting P for Principal Permitted Use and
inserting C for Conditional Use.
LAND USES
WW
MISCELLANEOUS
Day Care Centers12
C[P]
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 11
Amend Section 3, KMC 14.22.010 Land use table for Residential, One -Family Dwelling under
the Working Waterfront (WW) zoning district, by deleting C for Conditional Use and inserting
N for Not Permitted.
LAND USES
RESIDENTIAL
One -Family Dwelling N[C]
New Text Underlined; [DELETED TEXT BRACKETED]
i(l The City of Kenai I www.6nai.city Page 4 of 5
Motion 12
Amend Section 3, KMC 14.22.010 Land use table for Residential, Two -,Three -Family
Dwelling under the Working Waterfront (WW) zoning district, by deleting P for Principal
Permitted Use and inserting C for Conditional Use.
LAND USES WW
RESIDENTIAL
Two-, Three Family Dwelling C[P] J
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 13
Amend Section 3, KMC 14.22.010 Land use table for Miscellaneous, Fraternal
Organizations/Private Clubs/Social Halls and Union Halls under the Working Waterfront
(WW) zoning district, by deleting P for Principal Permitted Use and inserting N for Not
Permitted.
LAND USES
WW
MISCELLANEOUS
Fraternal Organizations/ Private
N[P]
Clubs/Social Halls and Union Halls
New Text Underlined; [DELETED TEXT BRACKETED]
Motion 14
Amend Section 3, KMC 14.22.010 Land use table for Miscellaneous, Nursing, Convalescent
or Rest Homes under the Working Waterfront (WW) zoning district, by deleting P for Principal
Permitted Use and inserting N for Not Permitted.
LAND USES I WW
MISCELLANEOUS
Nursing, Convalescent or Rest Homes I N[P]
New Text Underlined; [DELETED TEXT BRACKETED]
Thank you for your consideration.
The City of Kenai I www.lcenai.city Page 5 of 5
I