HomeMy WebLinkAboutOrdinance No. 3461-2025KENAI
CITY OF KENAI
ORDINANCE NO. 3461-2026
Sponsored by: Administration
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND LAND USE TABLE BY REZONING
THE PROPERTIES AT 202 NORTH FOREST DRIVE AND 1408 SECOND AVENUE FROM SUBURBAN
RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) ZONING DISTRICT.
WHEREAS, the properties located at 202 N. Forest Drive and 1408 Second Avenue are currently zoned
Suburban Residential (RS); and,
WHEREAS, the City of Kenai received a rezone application from the property owner in accordance with
KMC 14.20.270 Amendment Procedures; and,
WHEREAS, the current RS zoning district is for low to medium density residential development; and,
WHEREAS, the proposed rezone to CG zoning district would allow for a wide range of commercial uses;
and,
WHEREAS, the land use classification on properties immediately to the south is Mixed -Use, which
envisioned a compatible mix of residential and commercial uses; and,
WHEREAS, the proposed rezone would eliminate conditional use permits initiated in 1999 to allow for
low -impact commercial operations; and,
WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai;
and,
WHEREAS, at their regularly scheduled meeting held on February 26, 2025, the City of Kenai Planning
and Zoning Commission voted to approve the subject properties be rezoned from Suburban Residential
to General Commercial zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone parcels 04312013 & 0412014 (202 N. Forest Dr. and 1408 Second
Ave, respectively) from Suburban Residential (RS) to General Commercial (CG) zoning district.
Section 2. Amendment of City of Kenai Land Use Map_: That City of Kenai, Land Use Map is hereby
amended as follows: Rezone parcels 04312013 & 0412014 (202 N. Forest Dr. and 1408 Second Ave,
respectively) from Suburban Residential to Mixed -Use.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
New Text Underlined: [DELETED TEXT BRACKETED]
Ordinance No. 3461-2025
Page 2 of 2
Section 4. Effective Date: That pursuant to KMC 1.15.070 ft this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19T" DAY OF MARCH, 2025.
ATTEST:
C, City Clerk
Brian Gabriel Sr., Mayor
Introduced: March 5, 2025
Enacted: March 19, 2025
Effective: April 18, 2025
New Text Underlined; [DELETED TEXT BRACKETED]
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K :NAI
City of Kenai 1210 FiJalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Kevin Buettner, Planning Director
DATE: March 5, 2025
SUBJECT: Ordinance No. 3461-2025 - Amending the Official Zoning Map and Land
Use Table by Rezoning the Properties at 202 North Forest Drive and
1408 Second Avenue from Suburban Residential (RS) to General
Commercial (CG) Zoning District.
The applicants are seeking to rezone properties located at 202 N. Forest Drive and 1408 Second
Avenue from Suburban Residential (RS) to General Commercial (CG) zoning district. The
purpose of the rezone is to allow light commercial uses on the subject parcels. For the parcel
located at 202 N. Forest Drive, the property owner intends to operate a law office, coffee shop,
and commercial greenhouse. The parcel at 1408 Second Avenue currently would remain
undeveloped, but be used for snow storage from the adjoining lot.
North Forest Drive is classified as a Major Collector by the Alaska Department of Transportation
and as such, is used to access several neighborhoods between the Kenai Spur Highway and
Redoubt Avenue. A Major Collector route often has higher annual average daily traffic counts
than surrounding streets, and generally results in higher associated road noise. This noise often
deters substantial residential development directly on the route.
This property has historically had a conditional use permit, initially issued in 1999 (PZ1999-24)
for a Greenhouse, Gift Shop, and Coffee Shop. The current owners seek to reactivate this
property with a similar mix of commercial uses, with the exception of the Gift Shop which would
be replaced by a law office. There is vegetative screening for adjacent properties to the north,
east, and south. N. Forest Drive is on the west side of the property. The CG zoning district allows
for the widest range of commercial and industrial uses compared to other commercial zoning
districts. The existing RS zoning district is not a compatible land use for this area since there are
existing commercial and institutional uses to the south and west of the proposed rezone area.
The rezone to CG zone would expand the adjacent CG zoning district, which it is anticipated that
it would be developed in junction with the surrounding commercial and institutional uses to the
south and west. Therefore, minimizing potential impacts of commercial development on existing
residential uses. As noted by the applicants, this property has existed as a commercial property
for over a quarter century and this rezone would allow for these low -impact commercial uses
without going through additional planning processes.
The existing land use classification states that the area is to be Suburban Residential. Due to
North Forest Drive being a Major Collector route, there is reason to anticipate that this area will
become low -impact commercial uses, as traffic is higher along N. Forest Drive and the associated
road noise make residential uses less desirable. In the current RS zone, several commercial uses
are permitted subject to a Conditional Use Permit. The proposed rezone to CG zone would be
consistent as a natural extension of the Mixed -Use land use classification that is immediately
south of the subject properties as identified in the Comprehensive Plan. An amendment to the
Comprehensive Land Use Table would also be needed. The Comprehensive Plan supports this
rezoning in the following identified goal:
Goal 9 — Quality of Life: Promote and encourage quality of life in Kenai.
Q-4: Promote the siting and design of land uses that are in harmony and scale
with surrounding uses.
The proposed rezone to CG zone would make the existing buildings (greenhouse, coffee shop,
and law office) compliant with the zoning district. Under the existing RS zone, the existing
buildings are considered a non -conforming use since commercial uses are not permitted to be a
principal use. Therefore, any expansions or alterations of the buildings would be subject to KMC
Section 14.20.050 Nonconforming lots, structures, and uses.
On February 26, 2025, the City of Kenai Planning and Zoning Commission voted to recommend
the subject properties be rezoned from Suburban Residential to General Commercial zoning
district.
Attachments
Location Map
Proposed Zoning Map
Fresh Start Subdivision (Plat No. 2012-58)
P&Z Resolution PZ2025-08
Staff Report PZ2025-08
Page 2 of 2
The City of Kenai
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'ENAI PENINSULA BOROUGH
t4 North Binkley Street • Soldotna, Alaska 99669-7520
Toll -free within the Borough: 1.800-478.4441
PHONE: (907) 262-4441 • FAX: (907) 262-1892
www.borough.kenal.ak.us
MIKE NAVARRE,
BOROUGH MAYOR
CERTIFICATE OF TAX DEPARTMENT
I, Rhonda K. Krohn, Property Tax and Collections Supervisor fox the Kenai
Peninsula Borough, do hereby certify that, as of the date of this certificate,
all real property taxes levied by the Kenai Peninsula Borough have been paid
for the area(s) described as:
Subdivision:'Fresh Start Subdivision
Parcel # 04312005
T 6N R 11W SEC 31 Seward Meridian KN GOVT LOT III
The following assessments (except assessments for the cities of Homer, Kenai,
Seward, Seldovia, and Soldotna),levied against this property are outstanding:
$.00.
Witness my hand and seal this 27th day of September, 2012.
Rhonda K. Krohn
Property Tax and Collections Supervisor
7,
XV
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ2026-08
A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE
FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) ZONING DISTRICT
FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY
MAP.
Parcel No. Addrgss Lot Size Legal Description
04312013 202 N. Forest Drive 0.64-acre Lot 1, Fresh Start Subdivision
04312014 1408 Second Avenue 0.83-acre Lot 2, Fresh Start Subdivision
WHEREAS, the City of Kenai received a rezone application from the majority of property owners
in accordance with Kenai Municipal Code (KMC) Section 14.20.270 Amendment procedures; and,
WHEREAS, the area proposed to be rezoned contains a minimum of one (1) acre (excluding street
or alley rights -of -way); and,
WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as
any other unapproved proposed amendment submitted within the previous nine (9) months; and,
WHEREAS, a map has been included of the proposed rezone area; and,
WHEREAS, the City of Kenai Planning and Zoning Department conducted a duly advertised
public hearing, following requirements outlined in Kenai Municipal Code 14.20.280 for public
hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. The current zoning district, Suburban Residential (RS) is intended to provide for medium
density residential development. The existing RS zone is not the preferred land use for this
area as there are existing commercial/institutional uses to the south and west of the
proposed rezone area and the subject properties are located within 600 feet of the Kenai
Spur Highway.
2. The rezone to General Commercial (CG) zone would increase the adjacent CG zoning
district, which it is anticipated that it would be developed in conjunction with the surrounding
commercial and institutional uses along the Kenai Spur Highway and South Forest Drive.
Resolution No. PZ2025-08
Page 2 of 2
Therefore, minimizing potential impacts of commercial development on existing residential
uses.
3. North Forest Drive has a Functional Classification as a Major Collector, as designated by
the Alaska Department of Transportation, which infers a higher annual average daily traffic
volume than surrounding neighborhood streets and therefore less desirable for residential
uses due to vehicle noise.
4. The existing land use classification states that the area is to be Suburban Residential. Due
to North Forest Drive being a Major Collector route, there is reason to anticipate that this
area will become low -impact commercial uses, as traffic volume is higher along N. Forest
Drive and the associated road noise make residential uses less desirable. In the current IRS
zone, several commercial uses are permitted subject to a Conditional Use Permit (see
attached Land Use Table). The proposed rezone to CG zone would be consistent as a
natural extension of the Mixed -Use land use classification that is immediately south of the
subject properties as identified in the Comprehensive Plan and reduce the administrative
burden on business owners and city staff.
5. The proposed rezone to CG would align with the current low to medium density
commercial/institutional character of the neighborhood.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That Kenai City Council approve the rezone request for the properties located at 202
N. Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General
Commercial (CG) zoning district.
Section 2. That the Commission will forward its written recommendation to the Kenai City Council,
along with all certified minutes and public records relating to the proposed amendment.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 26T" DAY OF FEBRUARY, 2025.
f
e Hatst�ad, CHAIR SON
r'
ATTEST:
L - // �el r
Meghan Thibod au, Deputy City Clerk
r
STAFF REPORT
PLANNING &ZONING DEPARTMENT
O: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
DATE: February 26, 2025
SUBJECT: Resolution PZ2025-08 — Rezone Two (2) Parcels from Suburban Residential
(RS) to General Commercial (GC) Zoning District
Request The applicants are requesting a rezone of two (2) parcels from
Suburban Residential (RS) to General Commercial (CG) Zoning
District.
Staff Adopt Resolution PZ2025-08 recommending approval of a rezone of
Recommendation two (2) parcels from Suburban residential (RS) to General Commercial
(CG) Zoning District.
Applicants: John and Parrisa Harris
202 N. Forest LLC
215 Fidalgo Ave, Ste 104
Kenai, AK 99611
Parcel No. Address Lot Size Le al Description
04312013 202 N Forest Dr. 0.49-acre FRESH START SUB LOT 1
04312014 1408 Second Avenue 0.83-acre FRESH START SUB LOT 2
Current Zoning: Suburban Residential (RS)
Proposed Zoning: General Commercial (CG)
Current Land Use Single -Family Residence, Accessory Structures
Land Use Plan Suburban Residential
The applicants are seeking to rezone properties located at 202 N. Forest Drive and 1408 Second
Avenue from Suburban Residential (RS) to General Commercial (CG) zoning district. The
purpose of the rezone is to allow light commercial uses on the subject parcels. For the parcel
located at 202 N. Forest Drive, the property owner intends to operate a law office, coffee shop,
and commercial greenhouse. The parcel at 1408 Second Avenue would remain undeveloped, but
be used for snow storage from the adjoining lot.
North Forest Drive is classified as a Major Collector by the Alaska Department of Transportation
and as such, is used to access several neighborhoods between the Kenai Spur Highway and
Redoubt Avenue. A Major Collector route often has higher annual average daily traffic counts
than surrounding streets, and generally results in higher associated road noise. This noise often
deters substantial residential development directly on the route.
This property has historically had a conditional use permit, initially issued in 1999 (PZ1999-24)
for a Greenhouse, Gift Shop, and Coffee Shop. The current owners seek to reactivate this
property with a similar mix of commercial uses, with the exception of the Gift Shop which would
be replaced by a law office. There is vegetative screening for adjacent properties to the north,
east, and south. N. Forest Drive is on the west side of the property.
If approved, the zone change would allow commercial uses as a principal use, whereas under the
existing zone, RS, a commerical use is only permitted as a conditional use.
ANALYSIS
Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated
by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned
contains a minimum one (1) acre (excluding street or alley rights -of -way) unless the amendment
enlarges an adjacent district boundary.
Both affected parcels are owned by the same owner, 202 N. Forest, LLC, therefore, meeting the
initiation of a rezone application. The combined area of the rezone is approximately 1.32 acres,
which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would
expand the adjacent General Commercial zoning district to the south of the proposed rezone
area.
Existing and Proposed Zoning
The existing zoning is Suburban Residential (RS) and the intent as outlined in KMC Section
14.20.090 states the following:
The RS Zone is intended to provide for medium density residential development in
areas which will be provided with common utility systems. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate
light, air, and privacy;
(2) To prohibit uses which would.
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2025-08
Rezone from Suburban Residential (RS) to General Commercial (CG)
202 N. Forest Dr. and 1408 Second Ave. Page 2 of 5
The proposed rezone area is surrounded by a commercial officetwarehouse
(Salvation Army) to the west, residential uses to the north and east, and a commercial zoned
area along First Avenue. The current zoning, RS prohibits commerical uses unless it is a
conditional use according to the land use table found in KMC Section 14.22.010 as shown
below (highlighted in yellow),
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
RR-
RS-
RS-
LAND USES
ALI
C
RR
Rs
RU
Cc co
IL
iH
ED
R
TSH
LC
CMU
VIM
Restaurants
C
N
C
N
N
N
C
P
P
P
C
N
C
C
C
P
P
P
Retail Business
C
N
C
N
N
N
C
I P
P S
S?`
C
C
P
The proposed zoning is General Commercial (CG) and the intent as outlined in KMC Section
14.20.120 states the following:
The CG zone allows for the widest range of commercial uses compared to other
commercial zoning districts. The current zoning district, Suburban Residential (RS) is
intended to provide for medium density residential development. The existing RS zone
is not the preferred land use for this area as there are existing commercial/institutional
uses to the south and west of the proposed rezone area and the subject properties are
located within 600 feet of the Kenai Spur Highway.
The rezone to General Commercial (CG) zone would increase the adjacent CG zoning
district, which it is anticipated that it would be developed in conjunction with the
surrounding commercial and institutional. uses along the Kenai Spur Highway and South
Forest Drive. Therefore, it would minimize potential impacts of commercial development
on existing residential uses.
North Forest Drive has a Functional Classification as a Major Collector, as designated
by the Alaska Department of Transportation, which infers a higher annual average daily
traffic volume than surrounding neighborhood streets and therefore less desirable for
residential uses due to vehicle noise.
The rezone to CG zone would increase the adjacent RCGS zoning district, which
it is anticipated that it would be developed in conjunction with the surrounding
commercial/institutional uses to the west and south. Therefore, minimizing potential impacts
of commercial development on existing uses. As noted by the applicants, this property has
historically functioned as a commercial property with a Conditional Use Permit and rezoning
would reduce the administrative burden on both the businesses, and the city staff.
Resolution No. PZ2025-08
Rezone from Suburban Residential (RS) to General Commercial (CG)
202 N. Forest Dr. and 1408 Second Ave.
Page 3 of 5
Com rehensive Plan — Land Use Classification
The existing land use classification is Suburban Residential and the intent as outlined in the
Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") states the following:
Kenai residents place a high value on residential neighborhoods that are safe for all ages and
located near important community facilities such as schools, recreational facilities, the library,
parks, government services, and commercial areas.
The existing land use classification states that the area is to be Suburban
Residential. Due to North Forest Drive being a Major Collector route, there is reason to
anticipate that this area will become low -impact commercial uses, as traffic is higher along N.
Forest Drive and the associated road noise make residential uses less desirable. In the current
RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see
attached Land Use Table). The proposed rezone to CG zone would be consistent as a natural
extension of the Mixed -Use land use classification that is immediately south of the subject
properties as identified in the Comprehensive Plan.
An amendment to the land use map in the Comprehensive Plan is not currently required, as
all the proposed uses are allowable in Suburban Residential zones, albeit as conditional uses.
The City anticipates updating the Comprehensive Plan within a couple years, and a new Land
Use Plan may be developed as a part of this process.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 7 — Quality of Life: Promote and encourage quality of fife in Kenai.
• Q-4: Promote the siting and design of land uses that are in harmony and
scale with surrounding uses.
: The proposed rezone to CG would align with the current low to medium density
development of the neighborhood.
Existing Use
In the proposed rezone area, the only existing principal use are the existing buildings
(greenhouse, coffee shop, and law office) on the property located at 202 N. Forest Drive, which
are adjacent the intersection of N. Forest Drive and Second Avenue.
:. l The proposed rezone to CG zone would make the existing buildings (greenhouse,
coffee shop, and law office) compliant with the zoning district. Under the existing RS zone,
the existing buildings are considered a non -conforming use since commercial uses are not
permitted to be a principal use. Therefore, any expansions or alterations of the buildings would
be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were
mailed to property owners within a three hundred -foot (300') periphery of the subject properties.
City staff published notice of the public hearing in the Peninsula Clarion, and notification was
posted.
Resolution No. PZ2025-08
Rezone from Suburban Residential (RS) to General Commercial (CG)
202 N. Forest Dr. and 1408 Second Ave. Page 4 of 5
No public comments have been received as -of -date.
STAFF RECOMMENDATION
Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning
Commission recommend approval of the rezone request for the properties located at 202 N.
Forest Drive and 1408 Second Avenue from Suburban Residential (RS) to General Commercial
(CG) zoning district. Planning & Zoning Commission's recommendation will be forwarded to City
Council for consideration.
ATTACHMENTS
Zoning Map
Application Materials
Letter of Intent
Aerial Map
Plat
KMC 14.22.010 Land Use Table
Draft Zoning Map
Resolution No. PZ2025-08
Rezone from Suburban Residential (RS) to General Commercial (CG)
202 N. Forest Dr. and 1408 Second Ave. Page 5 of 5
ii.7' All
February 4, 2025
Kevin Buettner
City of Kenai, Planning Director
210 Fidalgo Avenue
Kenai, Alaska 99611
Email: kbuettnea(a?kenai.chv
Re: .FIREWEED SQUARE
Re -Zoning Request
Dear Mr. Buettner:
My husband, John C. Harris, and I (through 202 N FOREST LLC) are the
owners of Kenai parcels 04312013 and 04312014. The property street
addresses for those two lots are 202 N. Forest Drive and 1408 Second
Avenue, respectively. We plan to refer to the two parcels collectively as
"Fireweed Square."
I am writing to request that those two parcels be re -zoned to "general
commercial" use. Attached please find "FIREWEED SQUARE" SITE
PLAN.' Please note, the Site Plan identifies 12 designated parking spots,
large truck parking zone, dumpster with screening and orientation away
from Forest Drive, and adequate snow storage.
202 N. Forest Drive
This property has historically been used for general commercial purposes
by previous owners. The prior owners used this property to operate a
commercial greenhouse in the Spring and Summer months. They also
operated a gift/coffee shop out of the "main house" on the property,
although it was converted into the prior owners' residence after they
became ill a few years before their passing. There is also a smaller
"cottage" structure that was used as a residence by the previous owners.
Greenhouse: Fireweed Greenhouse
My husband and I purchased the property in or around June 2023. In
Spring/Summer 2024, we operated the commercial greenhouse on the
property in similar fashion as the previous owners, doing business as
Fireweed Greenhouse. It is our intention to continue operating Fireweed
Greenhouse similarly this year and in the future.
'See Attachment "A": FIREWEED SQUARE SITE PLAN
215 Fidalgo Avenue, Ste, 104, Kenai, Alaska 99611 1 Pl H)�I?: 907.335.0043 1 i:cx: 907.335.0530 1 %wm- www.bWaworg
February 4, 2025
Fireweed Square
Page 2 of 2
Cafe/Retail: Ooakzen Cafe and Fireweed GreenhousetGiftsho
When we purchased the property in 2023, the cottage structure was in disrepair. We have
remodeled and renovated the cottage with the intent to operate a cafdhvtaU space out of that
structure year-round. We intend to lease the cottage to Ooakzen to operate their cafe out of that
space. We are waiting for approval from the City of Kenai for necessary permits. Once those
permit applications are granted, Ooakzen will commence operations immediately. The retail
space will be operated by Fireweed Greenhouse in conjunction with Ooakzen.
Law Office: Harris Law & Mediation
The next project we plan to undertake is the remodel/renovation of the "main house" on the
property into a law office where I will operate my law practice, Harris Law & Mediation. It is
our hope to complete that project and be moved into that space by April 2025.
1408 Second Avenue
This property is currently a vacant lot, but pleasantly landscaped with a large lawn, trees and
shrubs. While we do not currently have a specific plan for developing this parcel, it is our
intention to eventually develop this parcel in a manner complimentary to the general commercial
use of 202 N. Forest Drive.
The reinvigoration of Fireweed Square as proposed promotes many of the goals and objectives
enumerated in the City's Imagine Kenai 2030 Comprehensive Plan, including the objective to
"support development at emerging community "centers" that lie outside the major employment
centers, but provide a mix of retail, service, and residential uses."
Our vision for these parcels is to create a quaint, aesthetically pleasing "third place' fnr
community enrichment and gathering. The location of these parcels is ideal for that goal. The lots
are only 1.5 blocks from a major highway and the proposed uses will not significantly increase
current or historical traffic patterns. Currently, the use of surrounding properties is as follows:
North: undeveloped; South: undeveloped; East: single family residential/light commercial; West:
single family residential. The addition of a cafe and retail space on this property will provide a
local space and services to this primarily suburban residential zone that people can either walk or
drive to enjoy. I believe the community will welcome this development, as it was a great loss felt
by many when the previous owners were forced to shut down the greenhouse and gift shop due
to health issues.
Thank you for your consideration of this request. Should you have any questions, please do not
hesitate to contact me at 907-398-4986 or via email to pharris@himlaw.org
Sin ely,
Y
Panrisa hlarris
2 See Imagine Kena12030 Comprehensive -PI -am ivy at p. 80
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KENAI PENINSULA BOROUGH
144 North Binkley Street • Soldotna, Alaska 99669-7520
Tall -free within the Borough: 1-800-478-4441
PHONE: (907) 262-4441 • FAX: (907) 262-1892
www.borough.kenai.ak us
MIKE NAVARRE
f f�.,,. , .�• BOROUGH MAYOR
CERTIFICATE OF TAX (DEPARTMENT
I, Rhonda K. Krohn, ! Property Tax and Collections Supervisor for the Kenai
Peninsula Borough, do hereby certify that, as of the date of this certificate,
all real property taxes levied by the Kenai Peninsula Borough have been paid
for the area(s) described as:
Subdivision:'Fresh Start Subdivision
Parcel # 04312005
T 6N R 11W SEC 31 Seward Meridian KN GOVT LOT 111
The following assessments (except assessments for the cities of Homer, Kenai,
Seward, Seldovia, and Soldotna).levied against this property are outstanding:
$.00.
Witness my hand and seal this 27th day of September,.2012.
Rhonda K. Krohn
Property Tax and Collections Supervisor
Ch. 14.22 Land Use Table I Kenai Municipal Code
14.22.010 Land Use Table.
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes on
C = Conditional Use following pages for additional
S = Secondary Use restrictions
N = Not Permitted
The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.
Page 1 of 12
Ch.14.22 Land Use Table I Kenai Municipal Code
2of12
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Ch.14.22 Land Use Table I Kenai Municipal Code
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Ch.14.22 Land Use Table I Kenai Municipal Code
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Ch.14.22 Land Use Table I Kenai Municipal Code Page 6 of 12
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Ch.14.22 Land Use Table I Kenai Municipal Code
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8of12
Ch.14.22 Land Use Table 1 Kenai Municipal Code
* 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 3.10.0ii'
Footnotes:
Page 9 of 12
7 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. : ;.,'c 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;
1 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.
S 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.
The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.
Ch. 14.22 land Use Table I Kenai Municipal Code Page 10 of 12
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:-,_).
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(,. , 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).
The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.
Ch.14.22 Land Use Table I Kenai Municipal Code Page 11 of 12
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
X
Tattoo Parlors
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions
set forth in are met or a conditional use (C) if the applicable conditions set forth in KMC
14.'_1.1 ' and :4.2,i� %v o are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such
parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a
dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as
measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access
as shown on an as -built drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20,2-?j—Home Occupations, 3 ?.' .w_1 i—Definitions,
"i:3:=;::, '—Standards for commercial marijuana establishments.
31 See KMC ".: _?.27E;—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).
The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.
Ch.14.22 Land Use Table I Kenai Municipal Code Page 12 of 12
32 Allowed as a conditional use; provided, it is a maritime -related use to accommodate recreational
boating activities, recreational facilities, accessd y uses, and service facilities. -
33 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.
(Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords.1911-2001,
1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005,
2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011,
2610-2012, 2649-2912, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019
(Substitute), 3363-2023, 3392-2024)
The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
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The Kenai Municipal Code is current through Ordinance 3442-2024, passed November 20, 2024.