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HomeMy WebLinkAboutOrdinance No. 3520-2026KENAI CITY OF KENAI ORDINANCE NO. 3520-2026 Sponsored by: Administration AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 14.10 - SUBDIVISION REGULATIONS AND AMENDING KENAI MUNICIPAL CODE SECTION 18.10.030 - STREET IMPROVEMENTS TO REMOVE ROAD DESIGN STANDARDS FROM CODE AND REPLACE THEM WITH A STREET DESIGN STANDARDS MANUAL. WHEREAS, the availability and affordability of housing remain important issues for the community, and the City has taken steps to support residential development, including the sale and donation of City - owned land; and, WHEREAS, Administration engaged with the Kenai Peninsula Borough, the Kenai Peninsula Economic Development District, local realtors, and both large- and small-scale developers to identify opportunities for the City to support additional residential development; and, WHEREAS, development discussions highlighted the need for clearer and more consistent subdivision and roadway design standards; and, WHEREAS, Public Works and Planning subsequently reviewed existing road and subdivision standards and in coordination with an engineering consultant, developed City of Kenai Street Design Standards Manual to reduce confusion, support predictable development review, and streamline processes for future development; and, WHEREAS, Public Works posted the draft manual online and held an open to receive comments from local contractors and consultants and incorporate that feedback into the final manual; and, WHEREAS, the City Council during their November 5, 2025 meeting approved a motion directing the Planning & Zoning Commission to bring forward recommendations to update Kenai Municipal Code 14.10 - Subdivision Regulations; and, WHEREAS, the Planning and Zoning Commission during their May 13, 2026 Meeting recommended the City Council enact this Ordinance; and, WHEREAS, the amendment of KMC 14.10 - Subdivision Regulations and the amendment of KMC 18.10.030 — Street Improvements to reference the Street Design Standards Manual is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Chapter 14.10 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.010 - General is hereby amended as follows: (a) Preliminary plats showing a subdivision of land, or a replat caused by proposed vacation of public right-of-way, lying within the corporate boundary of a first class or home rule City [SHALL] must be first submitted to the appropriate City for review prior to submittal of the plat to the Kenai Peninsula Borough Planning Department. In such instances, the [CITY PLANNING COMMISSION SHALL] Planning & Zoning New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 2 of 7 Commission will have forty-nine (49) days from the receipt in which to review the preliminary plat and take action. (b) The preliminary plat submitted to the City [SHALL] must comply with the requirements of Sections 20.12.060 and 20.12.070 of the Kenai Peninsula Borough Code. (c) The [CITY PLANNING COMMISSION] Planning & Zoning Commission and, if necessary, other appropriate municipal departments [SHALL] will review the plat or replat of a proposed vacation action and prepare written comments which [SHALL] will be included with the submittal of the plat to the Borough. The subdivider bears the responsibility for presentations to, and discussions with, the City so the final plat will conform to lawful ordinances and requirements of said City. Section 2. Amendment of Section 14.10.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.030 - Jurisdiction and Procedure, is hereby amended as follows: (a) It is unlawful for any person being the owner, agent, or person having control of any land within the City of Kenai to subdivide or lay out such land in lots, unless by a plat, in accordance with the regulations contained herein. A preliminary plat [SHALL] must be submitted to the City of Kenai, who [SHALL] will make recommendations to the Borough Planning Commission. (b) The design and layout of all subdivisions [SHALL] must conform with the requirements of Section 14.10.070 hereof. The subdivider [SHALL] must submit a preliminary plan in accordance with the specifications of Section 14.10.040 hereof. Following approval of the preliminary plan, the subdivider [SHALL] must install the minimum improvements, furnish a bond or provide for guaranteeing such installations in accordance with the requirements of Section 14.10.080 hereof. Upon approval of improvement installations or arrangements therefor, the final plat [SHALL] must be submitted in accordance with the provisions of Section 14.10.040 hereof. Section 3. Amendment of Section 14.10.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.060 - Submission to City Council, is hereby amended as follows: (a) After review of the final plat by the [CITY PLANNING COMMISSION] Planning & Zoning Commission, such final plat, together with the recommendations of the Commission, [SHALL] will be submitted to the Kenai Peninsula Borough Planning Commission for approval. (b) If the [CITY PLANNING COMMISSION] Planning & Zoning Commission rejects or withholds approval of a plat, the subdivider may request said plat be submitted to the City Council. The [SECRETARY] Planning Director, on behalf of the [CITY PLANNING COMMISSION] Planning & Zoning Commission [SHALL] will forward the proposed plat together with the report of the [CITY PLANNING COMMISSION] Planning & Zoning Commission stating the reason or reasons for the action taken. The City Council may make such findings and determinations as are deemed proper. If either a preliminary or final plat is disapproved by the [CITY PLANNING COMMISSION] Planning & Zoning Commission, it may be approved by the City Council. (c) In accordance with Kenai Municipal Borough Code 20.65.050 - Action on Vacation Application, a Kenai Peninsula Borough Planning Commission decision to approve a vacation is not effective without the consent of the City Council, if the vacated area to be vacated is within the City. All vacation decisions made by the Kenai Peninsula Borough impacting the City of Kenai will be brought forth at the next scheduled City Council meeting. The Council will have thirty (30) days from the date of the Kenai Peninsula Borough Planning Commission approval to either consent or to veto the vacation. Notice of veto will be immediately given to the Kenai Peninsula Borough Planning Commission. Failure to act on the vacation within thirty (30) days will be considered to be consent to the vacation. Section 4. Amendment of Section 14.10.070 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.070 - Subdivision Design Standards, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 3of7 (a) Relationship to Adjoining Street System. The arrangement of streets in new subdivisions [SHALL] will make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public requirements. The width of such streets in new subdivisions [SHALL] will be not less than the minimum widths established [HEREIN] in the current edition of the City of Kenai Road Design Manual. The street and alley arrangement [SHALL] must be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Offset streets should be avoided. Streets obviously in alignment with existing streets [SHALL] will bear the names of the existing streets. All proposed street names [SHALL] will be checked against duplication of other street names. [(B) STREET AND ALLEY WIDTH. (1) THE WIDTHS OF MAJOR HIGHWAYS SHALL CONFORM TO THE WIDTHS DESIGNATED ON THE MAJOR STREET PLAN. (2) THE MINIMUM WIDTH FOR MINOR STREETS SHALL BE SIXTY (60) FEET, EXCEPT THAT THE KENAI CITY PLANNING AND ZONING COMMISSION, MAY, IN ITS DISCRETION BY MAJORITY VOTE OF ITS MEMBERS, LESSEN THIS DISTANCE TO NOT LESS THAN FIFTY (50) FEET. A WIDER STREET WIDTH MAY BE REQUIRED WHERE THE STORM WATER IS ACCOMMODATED IN AN OPEN DITCH OR IN DITCHES ALONG PAVEMENT. WHEN MINOR STREETS ADJOIN UNSUBDIVIDED PROPERTY, A HALF STREET AT LEAST THIRTY (30) FEET IN WIDTH MAY BE DEDICATED AND WHENEVER SUBDIVIDED PROPERTY ADJOINS A HALF STREET, THE REMAINDER OF THE STREET SHALL BE DEDICATED. (3) ALLEYS ARE NOT RECOMMENDED IN SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICTS; AND WHEN PROVIDED, A MINIMUM WIDTH OF TWENTY (20) FEET SHALL BE REQUIRED. ALLEYS ARE REQUIRED IN THE REAR OF ALL BUSINESS LOTS AND SHALL BE AT LEAST TWENTY (20) FEET WIDE. THERE SHALL BE PREPARED AND MAINTAINED FOR PUBLIC INFORMATION, A SET OF STANDARD SPECIFICATIONS FOR ALL CONSTRUCTION OF ANY NATURE TO ANY STREET, ALLEY, EASEMENT, OR OTHER PUBLIC WAY WITHIN THE CITY OF KENAI. SAID SPECIFICATIONS SHALL BE PREPARED BY THE CITY MANAGER AND SHALL BE MAINTAINED AS OTHER PUBLIC RECORDS.] [(C)] Easements. Easements of at least ten (10) feet in width [SHALL] must be provided on [EACH SIDE OF REAR] front lot lines and along the side or rear lot lines, where necessary, for poles, wires, conduits, storm, and sanitary sewers, gas, water, or other mains. Wherever possible, lot lines [SHALL] will be arranged to bisect the exterior angle so that pole guys will fall along the side lot lines. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easement. (C) [(D)] Blocks. (1) No block [SHALL] will be longer than one thousand four hundred (1,400) feet. Where blocks are longer than one thousand (1,000) feet, a crosswalk at least ten (10) feet in width may be required near the center of the block. (2) In platting residential lots containing less than ten thousand (10,000) square feet, the depth of the block should not exceed twice the minimum width allowed under the zone district in which the lot is located. (3) Where a tract of land is of such size or location as to prevent a lot arrangement directly related to a normal street design, there may be established one or more courts, dead end streets, or other arrangements; provided, however, that proper access [SHALL] must be given to all lots from a dedicated street or court. A dead-end street [SHALL] must [TERMINATE IN AN OPEN SPACE (PREFERABLY CIRCULAR) HAVING A MINIMUM RADIUS OF FIFTY (50) FEET] conform to standards set by New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 4 of 7 the current edition of the City of Kenai Road Design Manual. [A DEAD END STREET SHALL NOT EXCEED ONE THOUSAND (1,000) FEET IN LENGTH.] [(E)] Lots. (1) The lot arrangement and design [SHALL] must be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development. (2) All sidelines of lots [SHALL] must be at right angles to straight street lines and radial to curved street lines, except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided. (3) No lot [SHALL] must have an area or width less than that required by the zoning ordinance. (4) Where corner lots back upon lots facing the side street, the corner lot [SHALL] must have an extra ten foot width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets. (5) [IN SUBDIVISIONS WHERE SEPTIC TANKS OR OTHER INDIVIDUAL SEWAGE DISPOSAL DEVICES ARE TO BE INSTALLED, THE SIZE OF ALL LOTS INCLUDED IN SUCH SUBDIVISION SHALL MEET KENAI PENINSULA BOROUGH REQUIREMENTS.] In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of all lots included in such subdivision must be a minimum of forty thousand (40,000) square feet. If engineered plans are developed at the time of subdivision and depict where all wells and septic systems are to be placed and are sufficient to meet Alaska Department of Environmental Conservation requirements, smaller lots may be approved. (e) [(F)] Character of Development. The subdivider [SHALL] must confer with the Commission regarding the type and character of development that will be permitted in the subdivision, and may agree to place certain minimum restrictions upon the property to prevent the construction of substandard buildings, control the type of structures or the use of the lots which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property. Covenants running with the land may be included to provide for the creation of a Property Owners' Association or Board of Trustees for the proper protection and maintenance of the development in the future, provided, however, that such covenants [SHALL] may not contain reversionary clauses wherein any lots [SHALL] will return to the subdivider because of a violation thereon of the terms of the covenants. Covenants will not be enforced by the City. (f) [(G)] Parks, Schools, and Sites. In subdividing property, consideration [SHALL] will be given to suitable sites for schools, parks, playgrounds, and other common areas for public use so as to conform to any recommendations of the City's Comprehensive Plan, or any City Council approved plan, such as the Parks & Recreation Master Plan or Airport Master Plan. Any provision for schools, parks, and playgrounds should be indicated on the preliminary plan in order that it may be determined when and in what manner such areas will be provided or acquired by the appropriate taxing agency. LCJJ [(H)] Easements Along Streams. Whenever any stream or important drainage course is located in any area which is being subdivided, the subdivider [SHALL] must provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving, or protecting the stream for drainage purposes. (1) The State of Alaska Department of Fish and Game has jurisdiction over anadromous fish and pursuant to AS 16.05.871 and 5 AAC 95.011 maintains and updates the "Atlas and Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fish." Management of impacted watersheds is administered through the Kenai Peninsula Borough. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 5 of 7 (2) The Kenai Peninsula Borough, through the Kenai River Center, reviews developments that may impact the Kenai River watershed. The City of Kenai Floodplain Administrator, as designated in KMC 14.30.040(b), will refer developers or subdividers to the River Center. An application for a permit must be made to the Kenai River Center, if impacts are deemed likely to occur. Section 5. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.080 - Minimum Improvements Required, is hereby amended as follows: (a) Receipt of the signed copy of the approved preliminary plan is authorization for the subdivider to proceed with the preparation of plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements required (or to the submission of a bond in lieu thereof), the subdivider [SHALL] must furnish the [CITY PLANNING COMMISSION] Planning & Zoning Commission all plans, information, and data necessary to determine the character of said improvements. These plans [SHALL] will be examined by the [CITY ENGINEER OR A PROFESSIONAL ENGINEER UNDER CONTRACT] City Public Works Director, or their designee to review all subdivisions by the [PLANNING COMMISSION] Planning & Zoning Commission, and will be approved if in accordance with the requirements of this section. Following this approval, construction can be started (or the amount of a bond determined). (b) No final or official plat of any subdivision, except for subdivisions prepared by the City of Kenai, [SHALL] will be approved unless: (1) The improvements listed in the following subsections have been installed prior to such approval, or (2) The subdivider [SHALL] must file with the City Clerk security, such as but not limited to, a surety bond, cashier's check, or a certified check [UPON AN ALASKAN BANK] conditioned to secure the construction of the improvements listed in the following subsections in a satisfactory manner and within a period specified by the City Council, but such period [SHALL] may not exceed two (2) years. No such security, bond, or check [SHALL] will be accepted unless it be enforceable by or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the [CITY ENGINEER OR HIS EQUIVALENT UNDER CONTRACT BY THE CITY] City Public Works Director, or their designee, and in form with surety and conditions approved by the City Attorney. (c) All street and public ways [SHALL] must be graded to their full width and to the appropriate grade, and [SHALL] must be surfaced [TO A MINIMUM WIDTH OF THIRTY (30) FEET] as specified in accordance with [APPLICABLE STANDARD SPECIFICATIONS OF THE CITY] the current edition of the City of Kenai Road Design Manual, and all streets in any subdivision that the [CITY PLANNING COMMISSION] Planning & Zoning Commission [SHALL] designates as major streets [SHALL] must be surfaced to a minimum width [OF FORTY (40) FEET] as specified in accordance with the current edition of the City of Kenai Road Design Manual. The cross-section of construction [SHALL] must contain non -frost susceptible material to the depth [OF FORTY-TWO (42) INCHES FROM APPROPRIATE GRADE, AND IN THE ABSENCE OF ANY OTHER SPECIFIED DEPTH BY APPLICABLE STANDARD SPECIFICATIONS OF THE CITY] specified in the current edition of the City of Kenai Road Design Manual. Such construction [SHALL] will be subject to inspection and approval by the [CITY ENGINEER OR HIS EQUIVALENT UNDER CONTRACT BY THE CITY] City Public Works Director, or their designee, and [SHALL] must comply with all applicable City standards for construction. (d) Concrete sidewalks [NOT LESS THAN FOUR (4) FEET IN WIDTH SHALL] must be constructed along specified road types as prescribed in the current edition of the City of Kenai Road Design Manual. [ALONG AT LEAST ONE SIDE OF ALL MAJOR STREETS AND ARTERIAL STREETS. THE PLANNING COMMISSION MAY ALSO REQUIRE THE CONSTRUCTION OF SIDEWALKS ALONG AT LEAST ONE SIDE OF MINOR STREETS. (IN SUBDIVISION OF TEN (10) LOTS OR LESS, THE SUBDIVIDER WILL INCLUDE A COVENANT ON THE RECORDED PLAT THAT WHEN New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 6 of 7 AN IMPROVEMENT DISTRICT IS FORMED, THE REAL PROPERTY INVOLVED WILL BE A PART OF THE IMPROVEMENT DISTRICT WITHOUT FURTHER ACTION BY THE THEN OWNER OF THE PROPERTY IN QUESTION.)] (e) [IN SUBDIVISIONS OFTEN (10) OR MORE LOTS, AN APPROVED PUBLIC WATER SUPPLY SHALL BE PROVIDED FOR EACH LOT WITHIN THE SUBDIVISION AREA. WATER MAINS SHALL BE BURIED AT LEAST EIGHT (8) FEET DEEP WITH THE DEPTH TO BE DETERMINED BY MEASURING FROM THE GRADE LINE OF THE PLANNED PRELIMINARY FUTURE STREET GRADES OR, IF THERE ARE NO PLANNED FUTURE STREET GRADES, FROM THE NATURAL GRADE OF THE ADJACENT RIGHT-OF-WAY TO THE TOP OF THE MAIN BEING INSTALLED. FIRE HYDRANTS SHALL ALSO BE INSTALLED IN ALL SUBDIVISIONS AND IN ACCORDANCE WITH THE SPECIFICATIONS OF THE NATION BOARD OF FIRE UNDERWRITERS. (IN SUBDIVISIONS OF TEN (10) LOTS OR LESS, THE SUBDIVIDER WILL INCLUDE A COVENANT ON THE RECORDED PLAT THAT WHEN AN IMPROVEMENT DISTRICT IS FORMED, THE REAL PROPERTY INVOLVED WILL BE A PART OF THE IMPROVEMENT DISTRICT WITHOUT FURTHER ACTION BY THE THEN OWNER OF THE PROPERTY IN QUESTION.)] In subdivisions of ten (10) or more lots, or where ten or more minimum sized lots could be created, an approved water supply must be provided for each lot within the subdivision area. All public water mains must be extended and constructed in accordance with regulations and requirements of, and under the supervision of the Public Works Director's office or their equivalent under contract by the City if such water mains are available for connection by the said subdivider and are located within one thousand five hundred (1,500) feet of the subdivider's nearest lot line. (f) The subdivider [SHALL] must install sanitary sewer lines to serve each lot. All such sewer lines [SHALL] must be constructed in accordance with regulations and requirements of, and under the supervision of the Public Works Director's office or [HIS] their equivalent under contract by the City if such sanitary sewers are available for connection by the said subdivider and are located within one thousand five hundred (1,500) feet of the subdivider's nearest lot line. (g) All necessary facilities, either underground pipe or drainage ditches, [SHALL] must be installed to provide adequate disposal of surface water and to maintain any natural watercourses. (1) In the event a subdivider is unable to comply with the requirements of this section, then any plat [SHALL] must contain a covenant that all of the lots in any subdivision, as defined in this chapter, [SHALL] will be subject to assessment for any of the improvements required herein when installed at a future time by the City, provided that insertion of covenants on a plat [SHALL] will not be permitted in lieu of installation of street improvements for new subdivisions as provided in this section, except for subdivisions fronting on dedicated streets or [STREETS] rights -of -way dedicated in federal patents or in subdivisions of two and one-half (2 1/2) acre homesites (or smaller) owned by the original patentee. Section 6. Amendment of Section 14.10.100 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.100 — Enforcement, is hereby amended as follows: (a) No plat of any subdivision [SHALL] will be qualified for recording in the office of the district magistrate of the State of Alaska or have any validity until approved in the manner prescribed herein. (b) The City Council [SHALL] will not permit any public improvements over which it has not any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted, after the date of the adoption of this chapter unless such subdivision or street has been approved in accordance with the provisions contained herein. Section 7. Amendment of Section 14.10.110 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.110 — Changes and Amendments, is hereby amended as follows: Any regulations or provisions of this chapter may be changed and amended from time to time by the City Council provided, however, that such changes or amendments [SHALL] will not become effective until after study and report by the Planning Commission and until after a public hearing has been held, public New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3520-2026 Page 7 of 7 notice of which [SHALL] will have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing and posted in the City Hall. Section 8. Amendment of Section 14.10.120 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.10.120 — Division of a Commercial Tract, is hereby amended as follows: (a) The owner of a commercial tract located in a commercial zone may divide the tract into fragment lots provided that such a division is not inconsistent with the approved commercial site plan and recorded declarations, covenants and restrictions applicable to the commercial tract. Any property description used to divide an area of the commercial tract into a fragment lot [SHALL] will not be considered a lot or tract under terms of this Title or Title 4 of this code, but [SHALL] will be otherwise a lawful lot or tract. Any fragment lot created under this section [SHALL] must contain the minimum area, width and depth otherwise required for lots in the zoning district in which the fragment lot is located. Section 9. Amendment of Section 18.10.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 18.10.030 — Street Improvements, is hereby amended as follows: All streets and public ways [SHALL] must be constructed in compliance the City of Kenai Street Design Standards Manual. [GRADED TO THEIR FULL WIDTH, AS REQUIRED BY THE CITY MANAGER TO THE APPROPRIATE GRADE, AND SHALL BE SURFACED TO A MINIMUM WIDTH OF THIRTY FEET (30'), AND ALL MAJOR STREETS SHALL BE SURFACED TO A MINIMUM WIDTH OF FORTY FEET (40'). THE CROSS-SECTION OF CONSTRUCTION SHALL CONTAIN NON -FROST, SUSCEPTIBLE MATERIAL TO THE DEPTH OF FORTY-TWO INCHES (42") OR DOWN TO SAND, AS REQUIRED BY THE CITY MANAGER, FROM THE GRADE APPROVED BY THE CITY, THEN THERE SHALL BE ADDED NON -FROST, SUSCEPTIBLE MATERIAL EIGHTEEN INCHES (18") OF THE NORMAL SURFACE GRADE OF THE ADJACENT LOTS; OR, AS ESTABLISHED BY THE CITY MANAGER, THERE SHALL BE ADDED THEREON GRAVEL APPROVED BY THE CITY MANAGER FOR A DEPTH OF SIX INCHES (6"), SO THE CROWN OF THE FINISHED STREET SHALL BE NOT LESS THAN TWELVE INCHES (12") FROM NORMAL SURFACE GRADE OF THE ADJACENT LOTS BEFORE COMPACTION OF THE GRAVEL.] Such construction shall be subject to inspection and approval by the [CITY MANAGER] City Public Works Director or their designee. f, AND SHALL COMPLY WITH ALL APPLICABLE CITY STANDARDS FOR CONSTRUCTION.] Section 10. 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] will be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment [SHALL] will have been rendered, and [SHALL] will 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 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take e�f� t 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, TH /220T" DAYOf:" &Y�26. H n H. Kn c ayor A Mic elle M. aner, MC, ity Clerk Introduced: May 6, 2026 Enacted: May 20, 2026 Effective: June 19, 2026 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager THROUGH: Lee Frey, Public Works Director FROM: Kevin Buettner, Planning Director DATE: April 14, 2026 SUBJECT: Ordinance No. 3520-2026 — Amending Kenai Municipal Code Chapter 14.10 - Subdivision Regulations and Amending Kenai Municipal Code Section 18.10.030 - Street Improvements to Remove Road Design Standards from Code and Replace them with a Street Design Standards Manual. (Administration). Based on the community survey in autumn 2025, housing availability and affordability were noted as important issues within the community. This was further highlighted during conversations with the Kenai Peninsula Borough, Kenai Peninsula Economic Development District (KPEDD), local realtors, and both large- and small-scale developers that took place during a Housing Assessment effort sponsored by KPEDD. During the development discussions, developers highlighted the need for clean and consistent subdivision design, roadway, and utility standards. These requirements occur in several places in Kenai Municipal Code. Administration determined, in an effort to streamline development requirements, it would be best to remove the standards from code and reference a separate design manual. This policy would allow Administration to be update the manual as needed without making changes to code. The Public Works Department subsequently reviewed existing road and subdivision standards and in coordination with an engineering consultant and developed a draft City of Kenai Street Design Standards Manual. This was in an effort to reduce confusion, support predictable development review, and streamline processes for future development. They held an Open House on April 1311 and received comments from local contractors and consultants which have been reviewed and incorporated into the final document included. Council will be notified of future changes to the Manual. Utility standards are being reviewed and will be introduced at a future date. Based on these changes, and following Council's directive from the November 5, 2025 regular meeting, the Planning & Zoning Department reviewed all code reference regarding subdivision regulations, as well as road standards, which are contained therein. After hosting a Work Session with the Planning & Zoning Commission in late 2025, the proposed changes to code and the draft standards are presented to Council for their consideration. Thank you for your consideration. Page 2 of 2 The City of Kenai I www.6nai.city L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 14, 2026 SUBJECT: Ordinance 3520-2026 Requested Amendment This memo requests an amendment to Ordinance 3520-2026. During the regularly scheduled Planning & Zoning Commission meeting on May 13, 2026, the Commission voted to recommend Council enact Ordinance 3520-2026 The following amendment is respectfully requested. Motion Amend the seventh WHEREAS to add the word "enact". The new WHEREAS, after amendment, would read: WHEREAS, at the Planning and Zoning Commission during their May 13, 2026 Meeti recommended the City Council enact this Ordinance; and, Thank you for your consideration. ( 9V K E N A 1 7111� C"V City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwlenai.city M I=1M[07:7_1IBill MI TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 14, 2026 SUBJECT: Ordinance 3520-2026 Requested Amendments This memo requests two amendments to Ordinance 3520-2026. The first amendment is to set a specific lot size for the installation of private water wells and septic systems, while reserving the ability of the City to allow for variations, if engineered plans are recommended for approval by the Planning & Zoning Commission and approved by City Council during the subdivision platting process. The following amendment is respectfully requested: Motion 1: Amend Ordinance 3520-2026, Section 4, Subsection (d), by deleting the existing paragraph (5) in its entirety and replacing it with the following: 5) In subdivisions where septic tanks or other individual sewaae disposal devices are to be installed, the size of all lots included in such subdivision must be a minimum of forty thousand (40,000) square feet. If engineered plans are developed at the time of subdivision and depict where all wells and septic systems are to be placed and are sufficient to meet Alaska Department of Environmental Conservation requirements, smaller lots may be approved. The second amendment is to add clarifying language regarding the type of subdivision that two subsections of code refer to. This is intended to reduce confusion of developers and landowners. The following amendment is respectfully requested: Motion 2: Amend Ordinance No. 3520-2026, Section 5, by deleting existing paragraph (e) in its entirety and replacing with the following: e) In subdivisions of ten (10) or more lots. or where ten or more minimum sized lots could be created, an approved water supply must be provided for each lot within the subdivision area. All public water mains must be extended and constructed in accordance with regulations and requirements of, and under the supervision of the Public Works Director's office or their equivalent under contract by the City if such water mains are available for connection by the said subdivider and are located within one thousand five hundred (1.500) feet of the subdivider's nearest lot line. Thank you for your consideration.