HomeMy WebLinkAbout2025-10-08 Planning & Zoning Packet - Work SessionKenai Planning & Zoning Commission
Work Session
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October 8, 2025
Kenai Planning & Zoning Commission –
Work Session
October 8, 2025 ꟷ 6:30 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Info Below**
Agenda
A. CALL TO ORDER
B. INTRODUCTION – Planning & Zoning Director, Kevin Buettner
C. REPORTS – Quasi-Judicial Decision Making
D. COMMISSION DISCUSSION – Conditional Use Permits
E. PUBLIC COMMENT (limited to 3 minutes per individual)
F. ADJOURNMENT
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.
Registration is required to join the meeting remotely through Zoom. Please use the link below to
register:
https://us02web.zoom.us/meeting/register/9Wamq1TFRl6Z5XHkifsU-Q
MEMORANDUM
TO:Acting Chair Earsley and Planning and Zoning Commissioners
FROM:Scott Bloom, City Attorney
DATE:September 29, 2025
SUBJECT: Quasi-Judicial Decision Making
The Planning and Zoning Commission make two types of decisions, legislative and quasi-judicial.
When making recommendations to the City Council or decisions that do not directly affect
individual property rights, the Commission is exercising its legislative powers. Legislative powers
are generally decisions that create broad policy that applies to the public at large. Quasi-judicial
decisions are decisions that apply the policy to specific cases. Commonly for the Commission,
these quasi-judicial decisions involve consideration of conditional use permits.
When acting in a quasi-judicial capacity, the Commission is acting similar to a judge in a court
room. The Commission’s job is to determine whether the facts and law presented to it, justify the
granting or denial of a conditional use permit, under the framework established in City Code and
applicable case law, if any.
Kenai Municipal Code 14.20.150(a) states in relevant part that: “[t]he conditional use permit
procedure is intended to allow flexibility in the consideration of the impact of the proposed use on
surrounding property and the application of controls and safeguards to assure that the proposed
use will be compatible with the surroundings.” The applicant for a conditional use permit has the
burden of establishing that the conditional use meets the following six criteria:
(1) The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
(2) The value of the adjoining property and neighborhood will not be significantly
impaired;
(3) The proposed use is in harmony with the Comprehensive Plan;
(4) Public services and facilities are adequate to serve the proposed use;
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(5) The proposed use will not be harmful to the public safety, health or welfare; and
(6) Any and all specific conditions deemed necessary by the Commission to fulfill the
above-mentioned conditions should be met by the applicant. These may include,
but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the
proposed use.1
The function of the Commission in evaluating conditional use permits is to determine whether the
requirements for a conditional use permit have been met and grant or deny the conditional use
permit on the conditions supported by the substantial evidence before it. Substantial evidence is
such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
The Commission must make specific findings supporting its conclusions.
Often proposed findings are presented by the City Planner. Courts in Alaska require that findings
made by the Commission enable a reviewing court to understand why the Commission voted the
way it did, on each issue presented. So, if the Commission is going to adopt the proposed findings
presented by the Planner, the Commission and its members must state on the record that it is
doing so and why. Similarly, if the Commission or individual members are not adopting the
recommendations of the City Planner, the Commission and its members must specifically state
why. There is no deference given to the Planner’s recommendations, so there is no obligation to
accept the Planners recommendations, there is however an obligation by the Commission and its
members to explain to the applicant and public why the Commission and its members are making
a decision one way or another. There is nothing wrong with disagreeing with the Planner’s
recommendations as long as a sufficient explanation is given. The basis of the Commission’s
decision, must be the six criteria the Commission is required to evaluate under City Code.
Members should individually explain whether they believe each of the criteria were met and what
evidence or law supports the conclusion.
Voting without explanation, or without reference to the six criteria is insufficient. Certain types of
conditional use permits, such as material site extraction, and commercial marijuana
establishments have additional criteria that must be considered. Buffer requirements, or distances
from certain existing uses are one of the additional considerations for marijuana establishments.
Kenai Municipal Code 14.20.330 provides in relevant part:
1 KMC 14.20.150(d)(1-6).
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(f) No portion of a parcel upon which any commercial marijuana establishment is located
shall be permitted within the following buffer distances:
(1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five
hundred (500) feet of any vocational programs, post-secondary schools, including but
not limited to trade, technical, or vocational schools, colleges and universities,
recreation or youth centers, correctional facilities, churches, and State-licensed
substance abuse treatment facilities providing substance abuse treatment; and
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of
the school, recreation or youth center, or the main public entrance of a church,
correctional facility, or a substance abuse treatment facility providing substance abuse
treatment. If the commercial marijuana establishment occupies only a portion of a
structure, buffer distances are measured as the closest distance from the perimeter of
the closest interior wall segregating the commercial marijuana establishment from other
uses, or available uses in the structure, or an exterior wall if closer, to the outer
boundaries of the school, recreation or youth center, or the main public entrance of a
church or correctional facility, or a substance abuse treatment facility providing
substance abuse treatment.
When considering conditional use permits for a marijuana establishment for example, it would be
a correct statement to state, “I cannot support the conditional use permit because the proposed
location is in within one thousand feet of a primary school, which is prohibited under KMC
14.20.330” and then explain what evidence was presented to you that shows the proposed
marijuana establishment is within one thousand feet of a school. What is not an appropriate finding
would be to state something like “I cannot support the conditional use permit because I don’t
believe marijuana should be legal and there are already to many marijuana stores in Kenai.” This
is not appropriate because while it may be a Commission member’s personal belief, the analysis
must take place in the context of the City’s code. The City Council has already made the legislative
decision to allow marijuana establishments in the City under certain criteria, and the City Council
has not chosen to limit the number of allowable marijuana businesses. The Commission’s duty is
to apply the regulatory frame work, or City’s Code, to the specific applicable situation.
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There is not always a right or wrong answer as to whether a conditional use permit should be
granted or denied. What is the most important, is that the decision by the Commission sufficiently
explains why the decision was made one way or another, and how the Commission weighed the
specific evidence presented before it.
It is critical that before the hearing is closed, the Commission and its members feel like they have
all the information needed to make an appropriate decision and weigh the evidence. Commission
members should ask any questions of the parties, the Planner or members of the public that
provide comment prior to the close of the hearing.
After the presentation by the party’s and public comment on a conditional use permit, the
Commission is not required to vote right away. The Commission can by motion move into an
adjudicative session. An adjudicative session is different than an executive session. Executive
sessions are limited by State law that restricts what governmental bodies can discuss privately.
An adjudicative session is only available to government bodies when acting in a quasi-judicial
capacity, and allows the Commission to discuss the quasi-judicial matter before them privately to
review the evidence, argument and law, and make findings. This means the Commission can
meet privately to discuss the issues and evidence presented. This break from the public and
parties may be beneficial and allow Commission members time to prepare findings and explain
their votes. The Commission does not need to act immediately, it can continue or postpone the
adjudicate session to a different day by motion.
The legal department of the City is always available to help commission members. Ideally prior to
a meeting, please don’t hesitate to reach out.
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU WW Notes
RESIDENTIAL
One-Family Dwelling N C18 PPPPPPP21
N S1 S2
N
S2
N
C22
N
P
C PPS1/C21 S33/C Disallows development in commercial & industrial zones; eliminates
secondary uses
Two-, Three-Family Dwelling N
C18
N PPPPPPP21 S1
C
C
N
C
N
C22
N
P
C PPS1/C21
P P Disallows development in conservation, commercial, & industrial zones;
eliminates secondary uses. Permits development in Mixed Use
Four-Family Dwelling N
C18
N P C3,29 PNNPP21 S1
C
C
N
C
N
C22
N NPCS1/C21
P P Disallows development in conservation, commercial, & industrial zones;
eliminates secondary uses. Permits development in Mixed Use
Five-, Six-Family Dwelling N
C18
N C3 NPNNPP21 S1
C
C
N
C
N NNP C
S1/C21
P P Disallows development in conservation, commercial, & industrial zones;
eliminates secondary uses. Permits development in Mixed Use
Seven- or More Family
Dwelling N C18
N C3 N C3 NNPP21 S1
C
C
N
C
N NNP C
S1/C21
P P
Disallows development in conservation, commercial, & industrial zones;
eliminates secondary uses. Permits development in Mixed Use. Propose
eliminating. Make 5+ units (sprinklers)
Mobile Home Parks6 NNCNCCCCCC C
N
C
N N C
N N N C N Disallows development in recreation, & industrial zones;
Planned Unit Residential
Development7 N C18
N C C29 CCCC
P CCC
N
C
N N C
N CCCPDisallows development in conservation, commercial, recreation, & industrial
zones;
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3
P
C
P C C
N
C
N
C22
N
C
N CCC P C P
Allows development in urban residential, Central Commercial, Mixed Use &
Working Waterfront. Disallows development in industrial, education, &
recreation zones
Accessory Building on Parcel
Without Main Building or
Use (See KMC 14.20.200)
NNCCCCCCNNNNNNCNNN
COMMERCIAL
Airport Compatible Uses PNNNNNNNC C C CNNNC CC N Disallow airport use near shore and not in airport/conservation zones
Adult Businesses N N N N N N N N P31 P31 P31 P31 NNNNNN
Automotive Sales C N C N N N N
C
N P P P P N N N N P N Disallow in residential areas
Automotive Service Stations C N C N N N N C P P P P N
C
N N N P C Disallow in recreation areas
Banks CNCNCNN
C
P PPPC P N C
N C C P P Allow in RU and IH, disallow in recreation
Bed and Breakfasts N C C C C C C C C C C C N P N C C P C Operate as a business, disallow in recreation
ZONING DISTRICTS
Business/Consumer
Services CNCCCNNCPPPC P N C
N C C P P Allow in Industrial, disallow in recreation
Cabin Rentals N C C N C N N N P P P C N P P C P P Operate as a business
Commercial Recreation N N C N C N N C P P C P C P N P C C P P Allow in industrial
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 N C
N N N C P P P C N C P C P P Remove from lower desnity residential
Lodge CNCNCNNCPPPCNPPCPP
Marijuana Cultivation
Facility, Limited30 N N N N N N N N N C C C N N N C N N Moved to Industrial due to definition
Marijuana Cultivation
Facility, Standard30 N N N N N N N N N C C C N N N C N N Moved to Industrial due to definition
Marijuana Product
Manufacturing Facility30 N N N N N N N N N C C C N N N N N N Moved to Industrial due to definition
Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C N Moved to Industrial due to definition
Personal Services25 NCCNCCCCPPPPCCPP/C27 PP Moved to Commercial due to business type
Professional Offices C P N C N C N CNNPPPPPNC
N P P P P Disallow in RR/RR-1 and Recreation, allow in ALI
Restaurants C N C N NCNNCPPPCNCCC P P P Disallow in RR, allow in LC
Retail Business C N26 C N NCNNCPPPPS24 S24 C C P P P Disallow in RR, allow in LC
Retail Marijuana Store30 NNNNNNNNNC C CNNNC C C
Short Term Rentals NNCNCNNCPCNNNNCPPP Proposed for discussion
Theaters N N C N C N N C P P C P CNP N CCPP
Wholesale Business C N C N N C N NNCC P P PN
S24
N C C N N Disallow in low desnity residential and recreation
INDUSTRIAL
Airports P P20 CNC N NNC
N C N C N CCNC
N NNC N C Disallow in residential and commerical
Necessary Aviation Facilities P P C C N C N C
N C N C
N PPPPC N P C N P P C Disallow in most residential, education, and TSH zones
Automotive Repair P N C N C N NNC
N P P P P N N N N P C Disallow in denser residential zones
Gas Manufacturer/Storage C9 NNNC N NNNNNC9 C9 N N N N N C Only allow in industrial or WW zones
Manufacturing/Fabricating/
Assembly PNCNCNNCCPPPNC
N C N C C Disallow in recreation areas
Marijuana Cultivation
Facility, Limited30 NNNNNNNNNC C CNNNCNN Moved to Industrial due to definition
Marijuana Cultivation
Facility, Standard30 NNNNNNNNNC C CNNNCNN Moved to Industrial due to definition
Marijuana Product
Manufacturing Facility30 NNNNNNNNNC C CNNNNNN Moved to Industrial due to definition
Marijuana Testing Facility30 NNNNNNNNC C P PNNNC CN Moved to Industrial due to definition
Mini-Storage Facility C P N C N NCNNCCPPPNNNCC P N Allow in ALI and CMU
Storage Yard C P NCNC N NNC
N CPPPNNNNCC32 Allow in ALI and disallow in residential
Warehouses C P N C N N C N NNC
N NPPPNC
N N N N C Allow in ALI and disallow in residential/recreation
PUBLIC/INSTITUTIONAL
Assisted Living N C N CCCCCC
P CCCCC N C
N C C N C P C Disallow in low desnity residential, recreation, and conservation. Allow in
CMU and RU
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 CCPP10 PPPP
Clinics N C N CNCCCC
P PPPCCC
N C P P P Allow in RU. Disallow in recreation
Colleges* N C N C C29 CCCCPPCCPC
N C C P P Includes adult vocational
Elementary Schools*N C C C29 C C C C P P C C P C C C P P Merge into one PreK-12 School Category
Governmental Buildings P C C C29 CCCCPPPC P P C C P P P Allow in industrial
High Schools*N C C C29 C C C C P P C C P C C C P P Merge into one PreK-12 School Category
Hospitals* N C N CNCCCCPPPCCC
N C C P C Disallow in conservation & recreation
Libraries* N C N C C29 CCCC12 PPPCPC
N P C P P Disallow in conservation & recreation
Museums C C N C C29 CCCCPPPCPC
N P C P P Disallow in conservation & recreation
Parks and Recreation N P C N C N C N C
N C N C
N P N P N P N P N P N P P N C N P N P N Reclassify all as recreational or conservation
Schools NNNNNNNNNNNNPNNNNNEncompasses all PreK-12 schools, including charter, vocational, & alternative
MISCELLANEOUS
Animal
Boarding/Commercial
Kennel13
C C N CNCCNNCCCCNC
N N C C C Disallow development in conservation & recreation
Assemblies15 (Large:
Circuses, Fairs, etc.)P C N CNCCCCP15 P15 P15 P15 P15 C
N PNP15 P Disallow development in conservation & recreation
Bed and Breakfasts N C C C C C C C C C C C N P C C P C Moved to Commercial due to business type
Cabin Rentals N C C N C N N N P P P C N P P C P P Moved to Commercial due to business type
Cemeteries P C C N C N N N N C C C N C C P NNNExisting cemeteries allowed. New cemeteries to be permitted by City at time
of development
Communications Towers
and Antenna(s), Radio/TV
Transmitters/Cell Sites** 28
CPCNCCCCPPPPPCC N C C C Includes HAM radios
Crematories/Funeral Homes N N C N N C N NNC
N C P C P C P C P N C
N C C P C N Allow in commerical and industrial
Day Care Centers12 N C N C C29 CCCCPPP C CCC
N CPPC
Dormitories/Boarding
Houses N C N CNCCCPP21 S C P P P23 C
N CCPP
Essential Services PPPPPPPPPPPPPPPPPP
Farming/General
Agriculture***NPPNN C NNNNNNPNPNNNC N
Fraternal Organizations/
Private Clubs/Social Halls
and Union Halls
NNC N NCCCCPPPCNC
N P C P PP
Greenhouses/Tree
Nurseries13 N P C C P NCCCCPPPC P N C
N C C P PP
Gunsmithing, Taxidermy N N C C C C C C P P P P N
C
N PPPP
Nursing, Convalescent or
Rest Homes NNC N NCCCC
P PPCCC N C
N C C P P Merge with Assisted Living
Parking, Public Lots12 C P C N C N N C N C
N C N C
P C P C P C P C P C N C
N CCCC
Personal Services25 N C C N C C C C P P P P C C P P/C27 P P Moved to Commercial due to business type
Recreational Vehicle Parks N C C C N N C N NNC
N CCCCNCCNC N C
Subsurface Extraction of
Natural Resources16 CCCCCCCCCCCCNCNNNC
Surface Extraction of
Natural Resources17 C N C N CNC N NNC
N N C N C P C P N C
N NNNN
CERTIFICATE OF PUBLICATION & POSTING
I, Kevin Buettner, Planning Director of the City of Kenai,
do hereby certify that on the 15th day of September,
2025, I electronically mailed or caused to be published the
foregoing Notice of Meeting to the Peninsula Clarion and
requested that this Notice be published in the September
19th, 2025 edition of their newspaper. On the 1st day of
October, 2025, the full meeting agenda was also posted at
Kenai City Hall and on the internet at www.kenai.city.
_________________________
Kevin Buettner
Planning Director