HomeMy WebLinkAboutOrdinance No. 3482-2025KENAI
CITY OF KENAI
ORDINANCE NO. 3482-2025
Sponsored by: Douthit
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND LAND USE TABLE BY REZONING
THIRTEEN PROPERTIES ZONED WITH MULTIPLE ZONES AND ASSIGNING ONE ZONING
DISTRICT PER PARCEL, TRACT, OR GOVERNMENT LOT.
WHEREAS, the Planning Department has identified thirteen properties in the City that each have more
than one zoning district, known as split zoning; and,
WHEREAS, individual properties with multiple zones can cause ambiguity and confusion, hinder efficient
development, and limit commercial financing opportunities; and,
WHEREAS, there are no provisions in the Kenai Zoning Code to address which zoning regulations may
take precedence in the event of conflicting guidance; and,
WHEREAS, the property owners of the thirteen parcels, not owned by the City, have been contacted by
the Planning Department and do not object to the proposed rezoning; and,
WHEREAS, amendments to the Official Zoning Map may be initiated by Kenai City Council in accordance
with Kenai Municipal Code (KMC) 14.20.270(b)(1)(A) Amendment Procedures; and,
WHEREAS, the proposed rezone to the proposed zoning districts would eliminate split zoned parcels
within the City; and,
WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 3 — Land Use: Develop land use strategies to implement a
forward -looking approach to community growth and development and is in the best interest of the City;
and,
WHEREAS, at their regularly scheduled meeting held on August 27, 2025, the City of Kenai Planning
and Zoning Commission recommended the subject properties be rezoned as proposed above.
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:
Parcel # Physical Lot Size Legal Description Zoning
Address acres
04336023 280 Airport Way 10.0 Tract B, FBO Sub #3 [CG/IL] IL
04336044 2R8d1 Marathon 14.78 Lot A, Baron Park 2006 Replat [CG/IL] IL
405 Marathon Tract A, Baron Park Kenai
04336041 Rd. 9.97 Youth Addn [IUc] IL
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3482-2025
Page 2 of 2
04520026 8195 Kenai Spur 2.05
Highway
Tract Al, Integrity Plaza II [CG/RS] CG
5839 Kenai Spur 2
04923051
' 19
Lot 7A, Block 2, Valhalla
[LC/RR] LC
Highway
Heights 2024 Addn
04901119 545 Bridge 0.86
Access Road
Lot 2, Jahrig Subdivision [RS/IH] RS
04901107 609 Bridge 3.34 Portion of Government Lot 5, [RS/IH] RS
Access Road T 5N, R 11 W, Sec. 4
04318046 N. Willow St. 43.97 Tract C, FBO Sub #10 [ALI/IL] ALI
04701031 320 S. Spruce St. 7.41 Tract 2-A City Park Sub 2023 [RS/Ru] RU
Replat
04910014 Kenai River Flats 616.9 Portions of Sections 8, 9 &17, T 5N [RR/C] C
R 11W
04945002 1591 Boat Launch 12.06 Tract A, City of Kenai Boat Ramp & [WW/C] WW
Rd. ROW Dedication
Government Lots 1 & 2, Lying East
04945008 1568 Beaver Loop 24.0 of Kenai River Rd Crossing & [IH/RR] RR
Rd. South of Beaver Loop Rd
Excluding USS 679
04901048 750 Lawton Drive 37.65 Govt Lot 2 Excluding Therefrom [ED/RR] ED
Inlet View Sub
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 3RD DAY OF SEPTEMBER,
2025.
vlef, —11�- �� �
rian Gabriel Sr., Mayor
Introduced: August 6, 2025
Enacted: September 3, 2025
Effective: October 3, 2025
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai 1 210 Fidalgo 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: July 28, 2025
SUBJECT: Ordinance No. 3482-2025 — An Ordinance Amending the Official Zoning
Map by Rezoning Thirteen Properties Zoned with Multiple Zones and
Assigning One Zoning District Per Parcel, Tract, or Government Lot
Upon review of the existing zoning in the City of Kenai, Planning & Zoning staff determined there
were thirteen parcels within the city that had two or more zoning districts applied within the
boundaries of the parcel, tract, or government lot.
The purpose of the rezone is to assign one zoning district per parcel, tract, or government lot (or
portion thereof). This rezone will reduce ambiguity and confusion and ensure all existing parcels
are readily evident as to their purpose and allowable, efficient development. As there are no
provisions to determine which zone would take precedence in the event of conflicting guidance,
it is determined this rezone would eliminate any confusion. The Planning & Zoning Department
has developed new protocols to track potential rezoning needs in the future when land is
subdivided.
There will be no non -conforming uses created by the completion of this rezoning effort. This
rezone also would not develop small, isolated zones. Each change enlarges an adjacent zoning
district. For undeveloped parcels, proposed zones were determined by surrounding development
types and/or the zoning of the majority of the parcel. For developed parcels, all uses are either
permitted by right, or have an existing Conditional Use Permit.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 3 — Land Use: Develop land use strategies to implement a forward -looking
approach to community growth and development.
• LU-3: Review existing zoning and subdivision codes to determine if they
address current and future land uses adequately.
Thank you for your consideration.
Attachments
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City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.Lenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Kevin Buettner, Planning Director
DATE: August 27, 2025
SUBJECT: Requested Amendment to Ordinance 3482-2025 - Amending the Official
Zoning Map and Land Use Table by Rezoning Thirteen Properties Zoned
with Multiple Zones and Assigning One Zoning District Per Parcel, Tract, or
Government Lot.
This memo requests one amendment to Ordinance 3482-2025 which will amend the Official Kenai
Zoning Map and assign one zoning district per parcel, tract, or government lot.
At the regularly scheduled Planning & Zoning Commission meeting of August 27, 2025, the
Commission voted to recommend that City Council enact Ordinance 3482-2025.
The following amendment is respectfully requested.
Motion 1
Amend the eighth WHEREAS by filling in the blank with "recommended". The amended
WHEREAS, after amendment will read:
WHEREAS, at their regularly scheduled meeting held on August 27, 2025, the City of Kenai
Planning and Zoning Commission recommended the subject properties be rezoned as
proposed above.
Thank you for your consideration.
K . F- N
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION P22025-26
A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL AMEND THE OFFICIAL
ZONING MAP BY REZONING THIRTEEN PROPERTIES ZONED WITH MULTIPLE ZONES
AND ASSIGNING ONE, ZONING DISTRICT PER PARCEL, TRACT, OR GOVERNMENT
LOT.
WHEREAS, the Planning Department has identified thirteen properties in the City that each have
more than one zoning district, known as split zoning; and,
WHEREAS, individual properties with multiple zones can cause ambiguity and confusion, hinder
efficient development, and limit commercial financing opportunities; and,
WHEREAS, there are no provisions in the Kenai Zoning Code to address which zoning regulations
may take precedence in the event of conflicting guidance; and,
WHEREAS, the properly owners of the thirteen parcels, not owned by the City, have been
contacted by the Planning Department and do not object to the proposed rezoning; and,
WHEREAS, amendments to the Official Zoning Map may be initiated by Kenai City Council in
accordance with Kenai Municipal Code (KMC) 14.20.270(b)(1)(A) Amendment Procedures; and,
WHEREAS, the proposed rezone to the proposed zoning districts would eliminate thirteen (13)
split zoned parcels within the City; 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, 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; and,
WHEREAS, the Planning and Zoning Commission finds:
1. The rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 3 — Land Use: Develop land use strategies to
implement a forward -looking approach to community growth and development.
2. The rezone would reduce confusion for landowners and administrative staff regarding
allowable development on their parcels, allowing for the highest and best use of their land.
Resolution No. PZ2025-26
Page 2 of 3
3. Administrative staff have developed procedures to ensure split zones do not occur in the
future when land is subdivided.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That Kenai City Council amend the Official Zoning Map as follows:
Parcel #
Physical
Lot Size
Legal Description
Zoning -
Address
acres
04336023
280 Airport Way
10.0
Tract B, FBO Sub #3
[CG/IL] I L
04336044
2R8d1 Marathon
14.78
Lot A, Baron Park 2006 Replat
[CG/IL] I L
04336041
405 Marathon
9 97
Tract A, Baron Park Kenai
[ILIL /C]
Rd.
Youth Addn
04520026
8195 Kenai Spur
Highway
2.05
Tract Al, Integrity Plaza II
[CG/RS] CG
04923051
5839 Kenai Spur
2
' 19
Lot 7A, Block 2, Valhalla
[LC/RR] LC
Highway
Heights 2024 Addn
04901119
545 Bridge
Access Road
0.86
Lot 2, Jahrig Subdivision
[RS/IH] RS
04901107
609 Bridge
3.34
Portion of Government Lot 5,
[RS/IH] RS
Access Road
T 5N, R 11 W, Sec. 4
04318046
N. Willow St.
43.97
Tract C, FBO Sub #10
[ALI/IL] ALI
04701031
320 S. Spruce St.
7.41
Tract 2-A City Park Sub 2023
[RS/Ru] RU
Replat
04910014
Kenai River Flats
616.9
Portions of Sections 8, 9 &17, T 5N
[RR/C] C
R 11W
04946002
1591 Boat Launch
12.06
Tract A, City of Kenai Boat Ramp &
[WW/C] WW
Rd.
ROW Dedication
Government Lots 1 & 2, Lying East
04945008
1568 Beaver Loop
24 0
of Kenai River Rd Crossing &
[IH/RR] RR
Rd.
South of Beaver Loop Rd
Excluding USS 679
04901048
750 Lawton Drive
37.65
Govt Lot 2 Excluding Therefrom
[ED/RR] ED
Inlet View Sub
Resolution No. PZ2025-26
Page 3 of 3
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 27T" DAY OF AUGUST, 2025.
ATTEST:
LPGAl,PAI KS, CEPUTY CITY CLERK
4l
JEFFPAiT, CHAIRP SON
Il
STAFF REPORT
� PLANNING &ZONING DEPARTMENT
KF.NAI
O: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
DATE: August 20, 2025
SUBJECT: Resolution PZ2025-26 — Rezone Thirteen (13) Parcels Zoned With Multiple
Zones and Assigning One Zoning District Per Parcel, Tract, or Government
Lot
Request The Planning Department, through City Council (as sponsored by
Councilman Douthit) are requesting a rezone of thirteen (13) parcels
zoned with multiple zones and assigning one zoning district per parcel,
tract, or government lot.
Staff Adopt Resolution PZ2025-26 recommending approval of a rezone of
Recommendation thirteen (13) parcels zoned with multiple zones and assigning one
zoning district per parcel, tract, or government lot.
Applicants: Kenai City Council
Parcel #
Physical
Lot Size
Legal Description
Zoning
Address
acres
04336023
280 Airport Way
10.0
Tract B, FBO Sub #3
[CG/IL] IL
04336044
1 Marathon
2R8d
14.78
Lot A, Baron Park 2006 Replat
[CG/IL IL
l —
04336041
405 Marathon
9'97
Tract A, Baron Park Kenai
[I L/C] IL
Rd.
Youth Addn
04620026
8195 Kenai Spur
Highway
2.05
Tract Al, Integrity Plaza 11
9 Y
[CG/RS] CG
04923Q51
5839 Kenai Spur
2
' 19
Lot 7A, Block 2, Valhalla
[LC/RR] LC
Highway
Heights 2024 Addn
04901119
545 Bridge
Access Road
0.86
Lot 2, Jahrig Subdivision
[RS/IH] RS
04901107
609 Bridge 3.34
Portion of Government Lot 5,
[RS/IH] RS
Access Road
T 5N, R 11 W, Sec. 4
04318046
N. Willow St. 43.97
Tract C, FBO Sub #10
[ALI/IL] ALI
04701031
320 S. Spruce St. 7.41
Tract 2-A City Park Sub 2023
[Rs/Ru] RU
Replat
04910014
Kenai River Flats 616.9
Portions of Sections 8, 9 &17, T 5N
[RR/C] C
R 11W
04946002 1591 Boat Launch 12.06
Tract A, City of Kenai Boat Ramp & [WW/C] wW
Rd.
ROW Dedication
Government Lots 1 & 2, Lying East
04945008 1568 Beaver Loop 24 0
of Kenai River Rd Crossing & [IH/RR] RR
Rd.
South of Beaver Loop Rd
Excluding USS 679
04901048 750 Lawton Drive 37.65
Govt Lot 2 Excluding Therefrom [ED/RR] ED
Inlet View Sub
SUMMARY
Upon review of the existing zoning in the City of Kenai, Planning & Zoning staff determined there
were thirteen parcels within the city that had two or more zoning districts applied within the
boundaries of the parcel, tract, or government lot.
The purpose of the rezone is to assign one zoning district per parcel, tract, or government lot (or
portion thereof). This rezone will reduce ambiguity and confusion and ensure all existing parcels
are readily evident as to their purpose and allowable, efficient development. As there are no
provisions to determine which zone would take precedence in the event of conflicting guidance,
it is determined this rezone would eliminate any confusion. The Planning & Zoning Department
has developed new protocols to track potential rezoning needs in the future when land is
subdivided.
There will be no non -conforming uses created by the completion of this rezoning effort. This
rezone also would not develop small, isolated zones. Each change enlarges an adjacent zoning
district. For undeveloped parcels, proposed zones were determined by surrounding development
types and/or the zoning of the majority of the parcel. For developed parcels, all uses are either
permitted by right, or have an existing Conditional Use Permit.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 3 — Land Use: Develop land use strategies to implement a forward -looking
approach to community growth and development.
• LU-3: Review existing zoning and subdivision codes to determine if they
address current and future land uses adequately.
Resolution No. PZ2025-26
Rezone Thirteen Parcels with Multiple Zones
And Assigning One Zoning District per Parcel, Tract,
Or Government Lot. Page 2 of 4
Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated
Kenai City Council.
Existing and Proposed Zoning
The existing zoning on the thirteen parcels is mixed with two or more zones.
Findings* The intent of the Zoning Code is to establish boundaries that follow recognizable
limits such as:
• Center lines of streets
• Platted lot lines
• City limits or section lines
• Shore lines or river banks
Split zones violated these rules of interpretation and may allow conflicting land uses to be
allowable within the same parcel. This confusion may delay development as staff,
contractors, and landowners determine the appropriate path forward on each split zoned
parcel.
The proposed zoning is to apply the zone that currently covers the largest portion of the parcel,
to choose one of the current zones that allows for the development by right, or, if requested by
the landowner to enlarge a neighboring zoning district.
Findings: The intent of this rezone is not to change the use of the land as it currently is being
used. This rezone would apply one of the current zones across the entire parcel, tract, or
government lot. Only at the request of a landowner, would a change to the zoning be made
and only if it enlarges a neighboring zoning district on land they also own. No non -conforming
uses would be created as a result of this rezoning action. Furthermore, no "spot" zones or
small, isolated zoning districts would be created.
Comprehensive Plan
Goal 3, Objective 3 in the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan")
states the following:
Review existing zoning and subdivision codes to determine if they address current and future
land uses adequately.
Fins: The Planning Department has determined that split zones, while not explicitly
prohibited by Kenai Municipal Code, do allow for confusion when landowners seek to develop
or otherwise improve their property. Conflicting land uses and development requirements
allow for potential confusion and incorrect interpretation. The City of Kenai's administration
strives to reduce or eliminate barriers to development, and streamlining the development
process by eliminating split zones allows for faster processing of building permits and other
related documents.
Resolution No. PZ2025-26
Rezone Thirteen Parcels with Multiple Zones
And Assigning One Zoning District per Parcel, Tract,
Or Government Lot. Page 3 of 4
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.
Public and landowner comments have been received, and are attached to this report.
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 thirteen parcels listed above.
Planning & Zoning Commission's recommendation will be forwarded to City Council for
consideration.
ATTACHMENTS
Document with Split Zoned Parcels and Recommendations
Letters of Support from Public and/or Landowners
Resolution No. PZ2025-26
Rezone Thirteen Parcels with Multiple Zones
And Assigning One Zoning District per Parcel, Tract,
Or Government Lot. Page 4 of 4