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HomeMy WebLinkAbout2025-12-10 Planning & Zoning Packet - Work SessionKenai Planning & Zoning Commission - W Session Page 1 of 1 December 10, 2025 Kenai Planning & Zoning Commission - Work Session December 10, 2025 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 1** Agenda A. CALL TO ORDER 1. Roll Call B. PUBLIC HEARINGS 1. Discussion – Recommendations to Update Kenai Municipal Code 14.10 – Subdivision Regulations. C. COMMISSION COMMENTS AND QUESTIONS D. ADJOURNMENT **COMMISSIONERS, PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** 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 Planner at 907-283-8237. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/b-VJ82_6S1yqvkg0TQ8kMw MEMORANDUM TO: Vice Chair Earsley and Planning & Zoning Commission Members FROM: Kevin Buettner, Planning Director DATE: November 6, 2025 SUBJECT: Discussion – Direction from Kenai City Council to Review and Make Recommendations to Update Kenai Municipal Code 14.10 – Subdivision Regulations. The Administration has identified housing as a high priority development topic within the City. The City has been approached by large- and small-scale developers over the preceding months that included informal project concepts. The initial concepts have included both greenfield and infill development in neighborhoods around the City. Questions raised during the concept discussions have largely centered on allowable subdivisions and the requirements either enforceable by Kenai Municipal Code (KMC) or by the Alaska Department of Environment Conservation (ADEC) relating to utilities and newly constructed roads. Working collaboratively, Public Works staff, with input from Planning & Zoning staff, have been developing road design standards, which has been compiled into a draft City of Kenai Road Design Manual that remains in internal review. This policy standard, if adopted, could enhance and/or replace sections of code under KMC 14.10.070 – Subdivision Design Standards, and refer to the current edition of the policy. The Public Works department is also working on water, wastewater, and stormwater standards to complement the aforementioned road design standards. It is the intent of the City to align these guidance policies with KMC 14.10 – Subdivision Regulations to reduce confusion and enable an efficient, streamlined review process for developers. Recommendations Based on these ongoing efforts, and with the need to have clear guidance referred to in code, further discussion and a public hearing to determine potential actions is recommended. Recommendations for updates, if any, would be submitted by the Planning & Zoning Commission to Council for their consideration. KMC Chapter 14.10, Subdivision Regulations Page 1 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. Chapter 14.10 SUBDIVISION REGULATIONS Sections: 14.10.010 General. 14.10.020 Definitions. 14.10.030 Jurisdiction and Procedure. 14.10.040 Data Required Upon Preliminary and Final Plans. 14.10.060 Submission to City Council. 14.10.070 Subdivision Design Standards. 14.10.080 Minimum Improvements Required. 14.10.090 Variations and Exceptions. 14.10.100 Enforcement. 14.10.110 Changes and Amendments. 14.10.120 Division of a Commercial Tract. 14.10.010 General. (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 shallwill 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 CommissionPlanning & Zoning Commission shallwill have forty-nine (49) days from the receipt in which to review the preliminary plat and take actionact. (b) The preliminary plat submitted to the City shallwill comply with the requirements of Sections 20.12.060 and 20.12.070 of the Kenai Peninsula Borough Code. (c) The City Planning CommissionPlanning & Zoning Commission and, if necessary, other appropriate municipal departments shallwill review the plat or replat of a proposed vacation action and prepare written comments which shallwill be included with the submittal of the plat to the Borough. The subdivider bears the responsibility for KMC Chapter 14.10, Subdivision Regulations Page 2 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. presentations to, and discussions with, the City so the final plat will conform to lawful ordinances and requirements of said City. (Ords. 1615-94, 1862-2000) 14.10.020 Definitions. The provisions of Ordinance 26 of the Kenai Peninsula Borough, Section 20.15.030, are hereby enacted by reference herein as though the language of said ordinance were set forth in full herein. (KC 14-14) 14.10.030 Jurisdiction and Procedure. (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 shallwill be submitted to the City of Kenai, who shallwill make recommendations to the Borough Planning Commission. (b) The design and layout of all subdivisions shallwill conform with the requirements of Section 14.10.070 hereof. The subdivider shallwill submit a preliminary plan in accordance with the specifications of Section 14.10.040 hereof. Following approval of the preliminary plan, the subdivider shallwill 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 shallwill be submitted in accordance with the provisions of Section 14.10.040 hereof. (KC 14-15; Ord. 1862-2000) 14.10.040 Data Required Upon Preliminary and Final Plans. KMC Chapter 14.10, Subdivision Regulations Page 3 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. There is hereby incorporated herein by reference the applicable provisions of Ordinance 26 of the Kenai Peninsula Borough, which are also identified as Section 20.15.045 and Section 20.15.060 of the Code of Ordinances of the Kenai Peninsula Borough, as amended prior to or as amended hereafter. (KC 14-16) 14.10.060 Submission to City Council. (a) After review of the final plat by the City Planning CommissionPlanning & Zoning Commission, such final plat, together with the recommendations of the Commission, shallwill be submitted to the Borough Planning Commission for approval. (b) If the City Planning CommissionPlanning & Zoning Commission rejects or withholds approval of a plat, the subdivider may request said plat be submitted to the City Council. The secretary of the City Planning CommissionPlanning & Zoning Commission shallwill forward the proposed plat together with the report of the City Planning CommissionPlanning & 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 CommissionPlanning & Zoning Commission, it may be approved by the City Council. (c) In accordance with Kenai Peninsula Borough Code 20.65.050 – Action on Vacation Application, Aa 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 a city, or by the assembly in all other cases. The council or assembly will have 30 days from the date of the planning commission approval to either consent to or veto the vacation. Notice of veto of the vacation will be immediately given to the planning commission. Failure to act on the vacation within 30 days will be considered to be consent to the vacation. (KC 14-18) 14.10.070 Subdivision Design Standards. KMC Chapter 14.10, Subdivision Regulations Page 4 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. (a) relationship to Adjoining Street System. The arrangement of streets in new subdivisions shallwill 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 shallwill be not less than the minimum widths established hereinin the current edition of the City of Kenai Road Design Manual. The street and alley arrangement shallwill 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 shallwill bear the names of the existing streets. All proposed street names shallwill be checked against duplication of other street names. (b) Street and Alley Width. (1) The widths of major highways shallwill conform to the widths designated on the Major Street Plan. (2) The minimum width for minor streets shallwill 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 shallwill be dedicated. (3) Alleys are not recommended in single and two-family residential districts; and when provided, a minimum width of twenty (20) feet shallwill be required. Alleys are required in the rear of all business lots and shallwill be at least twenty (20) feet wide. There shallwill 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 shallwill be prepared by the City Manager and shallwill be maintained as other public records. (c) Easements. Easements of at least ten (10) feet in width shallwill be provided on each side of rearfront 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 shallwill be arranged to bisect the exterior angle so that pole guys will fall along the KMC Chapter 14.10, Subdivision Regulations Page 5 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. 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. (d) Blocks. (1) No block shallwill 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 shallwill be given to all lots from a dedicated street or court. A dead enddead-end street shallwill terminate in an open space (preferably circular) having a minimum radius of fifty (50) feet. A dead end street shall not exceed one thousand (1,000) feet in length. conform to standards set by the current edition of the City of Kenai Road Design Manual. (e) Lots. (1) The lot arrangement and design shallwill 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 shallwill 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 shallwill be avoided. (3) No lot shallwill have an area or width less than that required by the zoning ordinance. KMC Chapter 14.10, Subdivision Regulations Page 6 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. (4) Where corner lots back upon lots facing the side street, the corner lot shallwill have an extra ten footten-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 shallwill meet Kenai Peninsula Borough requirements. (f) Character of Development. The subdivider shallwill 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 shallwill not contain reversionary clauses wherein any lots shallwill return to the subdivider because of a violation thereon of the terms of the covenants. (g) Parks, Schools, and Sites. In subdividing property, consideration shallwill 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. (h) Easements Along Streams. Whenever any stream or important drainage course is located in any area which is being subdivided, the subdivider shallwill 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. (KC 14-19; Ord. 1862-2000) KMC Chapter 14.10, Subdivision Regulations Page 7 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. 14.10.080 Minimum Improvements Required. (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 shallwill furnish the City Planning CommissionPlanning & Zoning Commission all plans, information, and data necessary to determine the character of said improvements. These plans shallwill be examined by the City Engineer or a professional engineer under contract to City Public Works Director, or their designee, to review all subdivisions by the Planning 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, shallwill be approved unless: (1) The improvements listed in the following subsections have been installed prior to such approval, or (2) The subdivider shallwill 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 shallwill not exceed two (2) years. No such security, bond, or check shallwill 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 Public Works Director, or their designee,City Engineer or his equivalent under contract by the City, and in form with surety and conditions approved by the City Attorney. (c) All street and public ways shallwill be graded to their full width and to the appropriate grade, and shallwill be surfaced to a minimum width of thirty (30) feetspecified in accordance with applicable standard specifications of the Citythe current edition of the City of Kenai Road Design Manual, and all streets in any subdivision that the City Planning CommissionPlanning & Zoning Commission shallwill designate as major streets shallwill be surfaced to a minimum width of forty (40) feetspecified in accordance with the current KMC Chapter 14.10, Subdivision Regulations Page 8 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. edition of the City of Kenai Road Design Manual. The cross-section of construction shallwill 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 Cityspecified in accordance with the current edition of the City of Kenai Road Design Manual. Such construction shallwill be subject to inspection and approval by the City Public Works Director, or their designee, City Engineer or his equivalent under contract by the City, and shallwill comply with all applicable City standards for construction. (d) Concrete sidewalks not less than four five (45) feet in width shallwill be constructed 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 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.)along specified road types outlined in the current edition of the City of Kenai Road Design Manual. (e) In subdivisions of ten fifteen (1015) service connections or 25 people more lots, an approved public water supply shallwill be provided for each lot within the subdivision area. Specifications for development of water mains is contained within the current edition of the City of Kenai Water & Wastewater Development Guide. 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.) (f) The subdivider shallwill install sanitary sewer lines to serve each lot. All such sewer lines shallwill be constructed in accordance with regulations and requirements of, and under the supervision of the City Public Works Director, or their designee, City Engineer’s office or his 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. KMC Chapter 14.10, Subdivision Regulations Page 9 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. (g) All necessary facilities, either underground pipe or drainage ditches, shallwill 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 shallwill contain a covenant that all of the lots in any subdivision, as defined in this chapter, shallwill 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 shallwill 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. (KC 14-20; Ord. 787) 14.10.090 Variations and Exceptions. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties, substantial hardship or injustice, the City Council, after report by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. (KC 14-21) 14.10.100 Enforcement. (a) No plat of any subdivision shallwill be qualified for recording in the office of the district magistrate of the State of Alaska or have any validity until it shallwill have been approved in the manner prescribed herein. KMC Chapter 14.10, Subdivision Regulations Page 10 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. (b) The City Council shallwill 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. (KC 14-22) 14.10.110 Changes and Amendments. 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 shallwill not become effective until after study and report by the Planning Commission and until after a public hearing has been held, public notice of which shallwill have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing and posted in the City Hall. 14.10.120 Division of a Commercial Tract. (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 shallwill not be considered a lot or tract under terms of this Title or Title 4 of this code, but shallwill be otherwise a lawful lot or tract. Any fragment lot created under this section shallwill contain the minimum area, width and depth otherwise required for lots in the zoning district in which the fragment lot is located. (b) As used in Title 14: (1) “Commercial tract” means an existing lawfully subdivided single lot or tract in a commercial zone which may be further divided into fragment lots. KMC Chapter 14.10, Subdivision Regulations Page 11 of 11 The Kenai Municipal Code is current through Ordinance 3478-2025, passed June 18, 2025. (2) “Commercial tract site plan” means a map of the commercial tract depicting building footprints, parking areas, landscaping, driveway access points to the property, site drainage, and any fragment lots to be contained within the commercial tract. (3) “Fragment lot” means a division of a commercial tract for purposes of facilitating construction or financing of a commercial development requiring multiple phases of construction. The term fragment lot does not include properties outside of the boundaries of an approved commercial tract. Fragment lots may be described in metes and bounds descriptions. (Ord. 1513-92)