HomeMy WebLinkAbout2024-02-12 Harbor Commission PacketKENAI HARBOR COMMISSION
REGULAR MEETING
FEBRUARY 12, 2024 - 6:00 P.M.
KENAI CITY HALL
210 FIDALGO AVE., KENAI, AK 99611
*Telephonic/Virtual Information Below*
http://www.kenai.city
A.CALL TO ORDER
1.Pledge of Allegiance
2.Roll Call
3.Agenda Approval
B.SCHEDULED PUBLIC COMMENTS - None.
(Public comment limited to ten (10) minutes per speaker)
C.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.APPROVAL OF MINUTES
1.November 6, 2023............................................................................................. ……….Pg. 2
2.January 8, 2024 ................................................................................................ ……….Pg. 5
E.UNFINISHED BUSINESS
F.NEW BUSINESS
1.Discussion/Recommendation - Recommending City Council Adoption of Proposed
Amendments to KMC Chapter’s 11.10 Harbor Commission and KMC 1.90 Standard
Procedures for Boards, Commissions and Committees. ................................... ………..Pg. 7
2.Discussion/Recommendation - Recommending City Council Enact Ordinance 3391-2024 -
Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain
Parcels from Industrial to Mixed-Use. ................................................................ ………..Pg. 9
3.Discussion/Recommendation - Recommending City Council Enact Ordinance 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……………………………Pg. 20
G.REPORTS
1.Public Works Director
2.Commission Chair
3.City Council Liaison ................................................................................................ ….Pg. 42
H.ADDITIONAL PUBLIC COMMENT
I.NEXT MEETING ATTENDANCE NOTIFICATION - March 11, 2024
J.COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L.INFORMATIONAL ITEMS
Join Zoom Meeting OR
https://us02web.zoom.us/j/82225854222 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 822 2585 4222 Meeting ID: 822 2585 4222
Passcode: 712646 Passcode: 712646
1
KENAI HARBOR COMMISSION – REGULAR MEETING
NOVEMBER 6, 2023
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
Harbor Commission Meeting Page 1 of 3
November 6, 2023
ACTION MINUTES
A. CALL TO ORDER
A Regular Meeting of the Harbor Commission was held on November 6, 2023, in City Hall Council
Chambers, Kenai, AK following the adjournment of their 6:00 p.m. Work Session. The meeting was called
to order at approximately 6:42 p.m.
1. Pledge of Allegiance
Director Curtin led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Nate Berga, Vice Chair Lisa Gabriel
John Coston Bob Peters
David Peck Matthew Moffis
Jeanne Reveal
A quorum was present.
Also in attendance were:
Scott Curtin, Public Works Director
Lisa List, Public Works Administrative Assistant
Victoria Askin, City Council Liaison
3. Election of Chair and Vice Chair
MOTION:
Commissioner Peck MOVED to nominate Commissioner Berga as Chair. Commissioner Peters
SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
MOTION:
Commissioner Peters MOVED to nominate Commissioner Gabriel as Vice Chair. Commissioner Reveal
SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
4. Agenda Approval
MOTION:
Commissioner Peters MOVED to approve the agenda as written. Vice Chair Gabriel SECONDED the
motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
2
Harbor Commission Meeting Page 2 of 3
November 6, 2023
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS - None.
D. APPROVAL OF ACTION MINUTES
1. August 8, 2022
2. November 7, 2022
3. April 10, 2023
4. August 17, 2023
MOTION:
Commissioner Peters MOVED to approve the August 8, 2022; November 7, 2022; April 10, 2023; and
August 17, 2023 Minutes. Commissioner Coston SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS – None.
F. NEW BUSINESS
1. Discussion/Recommendation - Recommending Council Consideration of the Harbor
Commission FY2025-FY2029 Capital Improvement Project Priority List
MOTION:
Commissioner Peck MOVED to recommend Council Consideration of the Harbor Commission FY2025-
FY2029 Capital Improvement Project Priority List as presented, with no new projects added. Vice Chair
Gabriel SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
G. REPORTS
5. Public Works Director – Director Curtin reported on the following:
• Bluff Project – November 20th release of bid
• Paving project has been completed.
• Discussion on parking signage
6. Commission Chair – No report.
7. City Council Liaison – Council Member Askin reported on the actions of the November 1, 2023
City Council meeting.
H. ADDITIONAL PUBLIC COMMENTS – None.
I. NEXT MEETING ATTENDANCE NOTIFICATION - February 12, 2024.
J. COMMISSION QUESTIONS AND COMMENTS
New commission members and Council Member Askin were welcomed.
Vice Chair Gabriel asked about how to add an item to future Commission agendas.
3
Harbor Commission Meeting Page 3 of 3
November 6, 2023
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
There being no further business before the Harbor Commission, the meeting was adjourned at 7:15 p.m.
I certify the above represents accurate minutes of the Harbor Commission meeting of November 6, 2023.
___________________________________
Meghan Thibodeau
Deputy City Clerk
4
KENAI HARBOR COMMISSION – SPECIAL MEETING
JANUARY 8, 20 24
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
Harbor Commission Special Meeting Page 1 of 2
January 8, 2024
ACTION MINUTES
A. CALL TO ORDER
A Special Meeting of the Harbor Commission was held on January 8, 2024, in the Kenai City Council
Chambers, Kenai, AK. Director Curtin called the meeting to order at 6:17 p.m.
1. Pledge of Allegiance
Director Curtin led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Bob Peters David Peck
John Coston Matthew Moffis
Jeanne Reveal
A quorum was present.
Absent:
Lisa Gabriel
Also in attendance were:
Scott Curtin, Public Works Director
Lisa List, Public Works Administrative Assistant
Victoria Askin, City Council Liaison
Meghan Thibodeau, Deputy City Clerk
3. Election of Chair and Vice Chair
MOTION:
Commissioner Peters MOVED to appoint Commissioner Peck as Chair. Commissioner Coston
SECONDED the motion.
The nomination was declined.
MOTION:
Commissioner Peck MOVED to appoint Commissioner Gabriel as Chair. Commissioner Moffis
SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
MOTION:
Commissioner Peck MOVED to appoint Commissioner Reveal as Vice Chair. Commissioner Peters
SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
5
Harbor Commission Special Meeting Page 2 of 2
January 8, 2024
4. Agenda Approval
MOTION:
Commissioner Coston MOVED to approve the agenda as presented. Commissioner Peters SECONDED
the motion.
VOTE: There being no objection; SO ORDERED.
B. UNSCHEDULED PUBLIC COMMENTS - None.
C. NEW BUSINESS
1. Discussion/Recommendation - Recommendations as Discussed During the Commission
Review – Work Session Held Immediately Prior.
Commissioner Peters stated that during the prior work session, the documents presented in the packet
were reviewed and the Commission was given the opportunity to provide input and discuss concerns; it
was noted that this feedback would be taken into consideration by Administration when drafting changes
to bring back to the Commission at their next meeting for recommendation to Council.
D. ADDITIONAL PUBLIC COMMENTS – None.
E. NEXT MEETING ATTENDANCE NOTIFICATION – February 12, 2024
F. COMMISSION QUESTIONS AND COMMENTS
Commissioner Peck noted that it was a useful work session.
Council Member Askin reviewed the actions of the November 15 and December 20, 2023 City Council
meetings.
G. ADJOURNMENT
There being no further business before the Harbor Commission, the meeting was adjourned at 6:32 p.m.
I certify the above represents accurate minutes of the Harbor Commission meeting of January 8, 2024.
___________________________________
Meghan Thibodeau
Deputy City Clerk
6
MEMORANDUM
TO: Harbor Commission
FROM: Scott Bloom, City Attorney
DATE: February 5, 2024
SUBJECT: Proposed Amendments to KMC Chapter 11.10 and KMC Chapter 1.90
On January, 8, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your
Commission in a work session to discuss possible code changes to KMC Chapter 11.10 - Harbor
Commission and KMC Chapter 1.90- Standard Procedures for Board, Commissions and
Committees, as well as other procedures (such as an annual work plan) with the goal of improving
the efficiency of your commission and making sure your valuable time as a commissioner is used
wisely.
Attached to this Memorandum in Attachment A are the code changes we discussed. The changes
are shown in legislative format. Underlined words are new suggestions while words in all caps
are suggested for removal. In addition, comments regarding each change are provided in red.
These comments are for discussion purposes only for this Commission.
If the Commission wishes to recommend Council approve the proposed amendments to code, a
motion will be needed. For example, “I move to recommend that the City Council adopt the
proposed amendments to KMC Chapter 11.10 and Chapter 1.90 as provided in attachment A”.
After the main motion has been made and seconded the subject will be before the commission
for discussion and additional amendments. If additional amendments are proposed they must be
made in the form of a motion, be seconded and voted on. Once discussion is complete and no
additional amendments are proposed, the main motion will be voted on. All proposed
amendment(s) that are approved by a majority of the Commission will be forwarded by the
Administration to the Council in the form of an Ordinance, the Ordinance will also likely include
recommended changes from other City Commissions that are relevant to their code sections.
The Administration may also recommend moving code provisions pertaining to the Harbor
Commission into a different section of code, from KMC 11.10into KMC 1.90, for organizational
purposes only, but a final recommendation on this change is still in the works. It would not have
any material effect on the Commission.
Thank you for your consideration.
7
KMC Chapter 11.10, Harbor Commission Page 1 of 4
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
Attachment A
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.005 Purpose.
11.10.010 Duties and powers.
11.10.005 Purpose.
The purpose of the Harbor Commission is to advise the Council and administration on issues
involving City harbor facilities and tidal or submerged lands owned by the City. This proposed
new section of code is intended just to clearly state the purpose of the commission.
11.10.010 Duties and powers.
(a) The Harbor Commission shall [BE REQUIRED TO DO THE FOLLOWING]:
(1) [DEVELOP, ADOPT, ALTER, OR REVISE, SUBJECT TO APPROVAL BY THE
CITY COUNCIL, A] Review and provide recommendations on any master plans for the
[PHYSICAL] development of harbor or port facilities for the City. [SUCH MASTER
PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND
EXPLANATORY MATTER, SHALL SHOW THE HARBOR COMMISSION’S
RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR
FACILITIES ] This may include, among other things:
(i) Development of the type, location, and sequence of all public harbor facilities;
(ii) The relocation, removal, extension, or change of use of existing harbor
facilities;
As discussed previously, these changes reflect that the commission itself is not
independently responsible for any master plans, but that the Commission’s role to
provide recommendations on such plans as they are developed.
(2) Submit annually to the City Manager and Council, not less than ninety (90) days
prior to the beginning of the budget year, a list of the recommended capital
improvements which, in the opinion of the Commission, are necessary or desirable to
be constructed during the forthcoming [THREE (3)] five-year period. Such list shall be
arranged in order of preference, with recommendations as to which projects [SHALL
BE] are recommended for constructed in which year. The changes in this section are
intended to reflect the actual timeline utilized by the City in its capital planning and that
these are recommendations dependent on funding.
(3) Act in an advisory capacity to the Council and administration [MAKE
INVESTIGATIONS] regarding [ANY] matters related to City harbor facilities, tide or
submerged lands. Make recommendations to the Council and administration relative to
the care, control, and development of tide and submerged lands. This change is
recommended to reflect that the commission really doesn’t have a budget or authority
to independently carry out investigations, but instead its role is to advise and make
recommendations to administration and the City Council.
8
KMC Chapter 11.10, Harbor Commission Page 2 of 4
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
(4) Review all City leases of City-owned tide[,] and submerged lands [, AND LANDS
OR NAVIGABLE WATERS WITHIN THE CITY, AND AS TO THE PLANNED
IMPROVEMENTS PROPOSED] and make recommendations to the City Council and
administration. These are just housekeeping changes
(5) Provide information and recommendations as requested by the City Council.
[MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL BY THE CITY
COUNCIL This change again reflects that the role of the Harbor Commission is to
advise the Council, as opposed to independently acting.
(6) COORDINATE PUBLIC EFFORTS, INDIVIDUAL AND GROUP, TO THE
EFFECTUATION OF APPROVED PLANS.] This language is recommended for
removal as City Administration generally carries out plans approved by the Council as
opposed to advisory bodies.
([6]) Advise and provide recommendations to the administration as requested on the
qualifications for a Harbor Master. [SHALL ACT IN ADVISORY CAPACITY IN THE
SELECTION OF A HARBOR MASTER SHOULD SUCH A POSITION BE CREATED BY
THE CITY COUNCIL.] Because this role is unique in current code to this Commission and
the parks and Recreation it is the City Manager’s preference that this be removed entirely,
but with the new language the City manager is not strongly opposed to it.
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES
Sections:
1.90.010 Creation.
1.90.020 Duties.
1.90.030 Qualifications.
1.90.040 Terms.
1.90.050 Proceedings.
1.90.060 Specific requirements of boards, commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created by the Council of the City of Kenai, [SHALL]
unless otherwise specified, will consist of seven [(7)] members who shall be nominated by the
Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chair
and vice-chair shall be selected annually and shall be elected from and by the appointed
members. At the organizational meeting of Council, or as soon thereafter as practicable, the
Mayor, after consultation with Council, shall nominate Council Members as a council liaison to
any board, commission or committee. After confirmation by Council, the council liaison may
attend all meetings of the board, commission or committee. A council liaison is not a member of,
and shall have no voting power or any other rights of membership on, the board, commission or
committee. The Mayor and other Council Members may attend meetings of boards,
commissions or committees when serving as an alternate for the Council liaison, or in their
capacity as elected officials. City administrative staff shall attend and supply staff support to all
meetings of boards, commissions and committees. This change is just to reflect that the Council
on Aging can have a different number of members.
9
KMC Chapter 11.10, Harbor Commission Page 3 of 4
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
1.90.020 Duties.
(a) Members of boards, commissions and committees shall be required to establish
policies relating to their respective organization. They shall act in an advisory capacity to
City Council and administration unless otherwise specified in the City Code. This change
reflects that commission advise administration and not just the City Council.
(b) If the board, commission or committee has income stated within the City of Kenai
annual budget, said board, commission or committee shall work with the City Manager to
establish expenses projected for the year for approval by the City Council.
1.90.030 Qualifications.
(a) A member of a board, commission or committee must be a resident of the City of
Kenai, unless the board, commission or committee is specifically exempted by Council from
this requirement. The member cannot be an officer or employee of the City of Kenai. If any
member should move his or her residence from the corporate limits of the City of Kenai (if
applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed
as an officer or employee of the City of Kenai, the service of such member shall terminate
immediately. He or she should be aware that he or she will serve without salary, but will be
reimbursed for all reasonable expenses incurred in connection with this service, only after
approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have up to two (2) non-resident members
each.
(c) The Planning and Zoning Commission may have up to one member that is not a
resident of the City if they have a controlling ownership interest in a business physically
located in the City. This provision specifically does not create a designated seat for a
non-resident.
1.90.040 Terms.
(a) A member of a board, commission or committee shall serve for a term of three (3)
years, unless the board, commission or committee is specifically exempted by Council from
this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the
member or recommend a replacement.
(b) The terms of the initial board, commission or committee member shall be staggered so
that three (3) members will be appointed for one (1) year; two (2) members will be
appointed for two (2) years; and two (2) members will be appointed for three (3) years.
Terms shall commence on January 1st of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will have regularly scheduled meetings which
shall be open to the public. Exceptions to the meeting requirements shall be established by
Council. Permanent records or minutes shall be kept of all proceedings and such minutes
shall record the vote of each member upon every question. Every decision or finding shall
immediately be filed in the office of the City Clerk and shall be a public record open to
inspection by any person. All acts of boards, commissions and committees are subject to
the paramount authority of the City Council.
10
KMC Chapter 11.10, Harbor Commission Page 4 of 4
The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023.
(b) If the commission, committee or board member shall be absent, without the body
excusing the absence for good cause, from more than one-half of all the meetings of his or
her committee, commission or board, regular and special, held within any period of three (3)
consecutive calendar months, he or she shall thereupon cease to hold the seat. A
commission, committee or board member may not have more than three (3) excused
absences during a twelve (12) month calendar year.
(c) In all matters of parliamentary procedure, the most current edition of Robert’s Rules of
Order Newly Revised shall be applicable and govern all meetings, unless as specified in
KMC 1.15.060, motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members of boards, commissions and committees
receive a copy of the Standard Procedures of Boards, Commissions and Committees lies
with the City Clerk.
1.90.060 Specific requirements of boards, commissions and committees.
Requirements of boards, commissions and committees as set forth in KMC 1.90 are general
requirements and shall be followed to the extent that they do not conflict with specific
requirements found in code sections specifically pertaining to individual boards, commissions
and committees.
11
MEMORANDUM
TO: Harbor Commission
FROM: Linda Mitchell, Planning Director
DATE: February 6, 2024
SUBJECT: Discussion/Recommendation – 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). Within the waterfront development
area, there are tidelands. For this reason, your Commission’s recommendation is requested.
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
12
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
13
N
Ordinance 3391-2024
Existing Land Use Map
Map for Reference Only
NOT A LEGAL DOCUMENT
~ Land Use
Reclassification Area
1111 Suburban Residential
1111 General Commercial
CJ Central Commercial
Low Density
Residential
1111 Airport Industrial
1111 Mixed Use
1111 Industrial
Institutional
Parks, Recreation &
Open Space
_____ I
Date Printed: 1/10/2024
,0 ............... , ,.,............., A. 500 1,000 2,000 Feet 14
N
Ordinance 3391-2024
Proposed Land Use Map
Map for Reference Only
NOT A LEGAL DOCUMENT
~ Land Use
Reclassification Area
1111 Suburban Residential
1111 General Commercial
CJ Central Commercial
Low Density
Residential
1111 Airport Industrial
1111 Mixed Use
1111 Industrial
Institutional
Parks, Recreation &
Open Space
_____ I
Date Printed: 1/10/2024
,0 ............... , ,.,............., A. 500 1,000 2,000 Feet 15
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 16
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,
17
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
18
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
19
MEMORANDUM
TO: Harbor Commission
FROM: Linda Mitchell, Planning Director
DATE: February 6, 2024
SUBJECT: Discussion/Recommendation – 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. Within the
waterfront development area, there are tidelands. For this reason, your Commission’s
recommendation is requested.
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
20
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
21
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
22
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
23
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 24
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,
25
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
26
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.
27
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
28
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
29
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
30
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
31
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
32
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.
33
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.
34
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
35
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
36
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
37
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.
38
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
39
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.
___________________________________
40
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
41
Kenai City Council - Regular Meeting Page 1 of 3
January 17, 2024
Kenai City Council - Regular Meeting
January 17, 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
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3385-2024 - Accepting and Appropriating a
Donation to the Kenai Community Library for the Purchase of Library Materials and Software
for Room and Event Scheduling. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3386-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to
Conduct an Assessment of City Street Lighting. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3387-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund and Public Works Department’s Street Division’s
Professional Services Budget to Review and Update the City’s Roadway Improvements
Standards. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2024-03 - Adopting Goals to Guide the
Preparation of the Fiscal Year 2025 Annual Budget. (Administration)
5. ADOPTED AS AMENDED. Resolution No. 2024-04 - Requesting the State of Alaska Make a
Meaningful Increase to the Base Student Allocation for Public Schools. (Douthit, Daniel)
F. MINUTES
1. *Regular Meeting of January 3, 2024. (City Clerk)
42
Kenai City Council - Regular Meeting Page 2 of 3
January 17, 2024
G.UNFINISHED BUSINESS
H.NEW BUSINESS
1.*Action/Approval - Bills to be Ratified. (Administration)
2.*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)
3.*Ordinance No. 3389-2024 - Accepting and Appropriating Donations from Kenai Senior
Connection, Inc., to the Kenai Senior Center. (Administration)
4.*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)
5.INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION AND
HARRBOR COMMISSION. *Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030
Comprehensive Plan Land Use Plan Map for Certain Parcels from Industrial to Mixed-Use.
(Knackstedt)
6.INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION AND
HARRBOR COMMISSION. *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)
7.Discussion - Public Meetings Remote Participation Update. (City Clerk)
I.COMMISSION / COMMITTEE REPORTS
1.Council on Aging
2.Airport Commission
3.Harbor Commission
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
43
Kenai City Council - Regular Meeting Page 3 of 3
January 17, 2024
N.PENDING ITEMS
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/89109732128 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 891 0973 2128 Passcode: 785524 Meeting ID: 891 0973 2128 Passcode: 785524
44