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HomeMy WebLinkAbout2026-01-28 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 2 January 28, 2026 Kenai Planning & Zoning Commission - Regular Meeting January 28, 2026 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of January 14, 2026 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval - Transfer of Conditional Use Permit, PZ2019-01 for the use of a Boarding House 2. Action/Approval – Recommending Approval of Proposed Ordinance to City Council Determining Four City-Owned Properties known as Lots 1, 2, 3, and 4, Beaver Loop Acres Addition No. 3 are Not Needed for a Public Purpose 3. Action/Approval – Recommending to City Council Determining an Approximate 2,700 Square Foot Section of the Northwestern Corner of Tract A, Woodland Subdivision Part 4 is Not Needed for a Public Purpose Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 2 January 28, 2026 I. REPORTS 1. Planning Director 2. Commission Chair 3. Kenai Peninsula Borough Planning 4. City Council Liaison J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: February 11, 2026 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS **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/smlZr1O5QUKY8gkGLTzvHw Page 2 MEMORANDUM TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: January 20, 2026 SUBJECT: Action/Approval - Transfer of Conditional Use Permit, PZ2019-01 for the use of a Boarding House The Planning and Zoning Commission granted a Conditional Use Permits for the use of a Boarding House on the .44-acre property described as Lot 9, Block 8, Valhalla Heights Subdivision Part 3, located at 160 Phillips Drive within the Rural Residential (RR) zoning district to Perry & Sherry Neel on February 27, 2019. The original resolution number is PZ2019-01. In January 2026, an Application for Transfer of the Conditional Use Permits (CUPs) was submitted by Transferee, Perry & Sherry Neel in accordance with Kenai Municipal Code (KMC), as set forth below: •KMC 14.20.150(l)(5) A Conditional Use Permit is not transferable from one (1) parcel of land to another. Conditional Use Permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. •KMC 14.20.157(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. There will not be a change in use on the property. A copy of the State Business License is on file and included as a part of this application. The transferee is required to operate under the terms and conditions of the approved CUPs at the subject property. STAFF RECOMMENDATION Staff hereby recommends approval of the Transfer of the Conditional Use Permit Resolution No. PZ2019-01 for Boarding House on the 0.44-acre property described as granted a Conditional Use Permits for the use of a Boarding House on the .44-acre property described as Lot 9, Block 8, Page 3 Page 2 of 2 Valhalla Heights Subdivision Part 3, located at 160 Phillips Drive within the Rural Residential (RR) zoning district, subject to the conditions as set forth in the approved CUPs. ATTACHMENTS A. Aerial Map B. Application C. Business License D. Resolution Nos. PZ2019-01 Page 4 Page 5 Page 6 Alaska Business License # 2224236 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that the owner ALPHA HOUSE is licensed by the department to do business as ALPHA HOUSE PO Box 1075, Kasilof, AK 99610 for the period October 24, 2025 to December 31, 2026 for the following line(s) of business: 62 - Health Care and Social Assistance This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner Page 7 Page 8 Page 9 MEMORANDUM TO: Planning & Zoning Commission FROM: Kevin Buettner, Planning Director DATE: January 20, 2026 SUBJECT: Action/Approval – Recommending Approval of Proposed Ordinance to City Council Determining Four City-Owned Properties in the Beaver Loop Area are Not Needed for a Public Purpose In March of 2019 an engineering consultant hired by the City excavated ten test pits and determined the southern portion of the 320-acre parent parcel (that would be subdivided in the Beaver Loop Acres No. 3 Plat) had an adequate quality and quantity of marketable gravel for future construction projects in the City. The potential for extraction of natural resources is consistent with the City’s Land Management Plan, The City’s Comprehensive Plan’s Land Use Designation, is allowable by Conditional Use Permit in the current zone, and is bordering existing gravel pits; therefore, it is likely the highest and best use for the property and is in the best interest of the City. On January 22, 2025, the Planning & Zoning Commission passed Resolution PZ2025-03 for the Beaver Loop Acres No. 3 Subdivision. This resolution granted an exception to KMC 14.10.070(d)(1). A block length greater than 1,400 feet was requested by the City in order to maintain large parcels suitable for future material sites. The Commission also granted an exception to KMC 14.10.070(d)(3) – Street Design. This was requested by the City. Considering the west, south and east boundaries were subject to a 50-foot road reservation created by Alaska Statute 19.10.010 (section line easement), the development of a cul-de-sac and/or turnaround was omitted. It was noted that it was possible that the rights-of-way could be extended in the future. Pursuant to Ordinance 3431-2024, the City subdivided the property into four parcels containing gravel resources and a separate tract consisting primarily of wetlands, which is not proposed for sale. The highest and best use of the four parcels is gravel extraction, which aligns with the Rural Residential zoning and prior City policy supporting resource development along this corridor. The proposed public sale would place underutilized City land into productive use, support local construction and infrastructure needs, encourage private investment, and generate revenue. Sale by public sealed bid auction is authorized under Kenai Municipal Code. Page 10 Page 2 of 2 Establishing the minimum bid based on the estimated quantity of gravel above the water table for each parcel, calculated using the State of Alaska’s Department of Natural Resources’ Southcentral Region base price of $3.50 per unit and discounted over twenty years at a 5% discount rate ensures a fair and transparent starting value. Minimum bids would be as follows: Lot No. KPB Parcel No. Acres Legal Description Minimum Bid 1 04901068 28.63 T 05N R 11W SEC 03 SEWARD MERIDIAN BEAVER LOOP ACRES ADDN NO 3 SUB LOT 1 $310,297 2 04901069 28.45 T 05N R 11W SEC 03 SEWARD MERIDIAN BEAVER LOOP ACRES ADDN NO 3 SUB LOT 2 $343,384 3 04901070 28.45 T 05N R 11W SEC 03 SEWARD MERIDIAN BEAVER LOOP ACRES ADDN NO 3 SUB LOT 3 $248,983 4 04901071 23.80 T 05N R 11W SEC 03 SEWARD MERIDIAN BEAVER LOOP ACRES ADDN NO 3 SUB LOT 4 $148,699 If approved, the parcels would be marketed and the sale conducted this spring. Your consideration is appreciated. Page 11 Page 12 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-03 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE BEAVER LOOP ACRES NO. 3 SUBDIVISION ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: None LEGAL DESCRIPTIONS: SW1/4 NW 1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West, Seward Meridian KPB PARCEL NUMBERS: 04901022 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on behalf of the property owner, the City of Kenai for a subdivision of SW1/4 NW 1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West, Seward Meridian; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lots have access from South Baker Street; and, WHEREAS, City water and sewer lines are not available to the lot; and, WHEREAS, the rights-of-way within the proposed preliminary plat are newly dedicated. The proposed rights-of-way are continuations of existing streets and are determined acceptable access. Therefore, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites, and the on-site water and wastewater systems are subject to the regulatory requirements of ADEC. An exception to KMC 14.10.070(d)(1) – Block length greater than 1,400 feet is recommended as requested by the City in order to maintain large parcels suitable for future material sites. An exception to KMC 14.10.070(d)(3) – Street design, is recommended as requested by the City. Considering the west, south and east boundaries are subject to a 50-foot road reservation created by Alaska Statute 19.10.010 (section line easement), a cul-de-sac and/or turnaround has been omitted. Page 13 Resolution No. PZ2025-03 Page 2 of 2 2. Pursuant to KMC 14.10.080 Minimum improvement required, the rights-of-way within the proposed preliminary plat are newly dedicated. The proposed rights-of-way are continuations of existing and are determined acceptable access. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet (0.46 acre), the resulting lot sizes of this subdivision will be approximately 23.798 acres to 210.902 acres. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Beaver Loop Acres No. 3 for a subdivision SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West, Seward Meridian be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. An exception to KMC 14.10.070(d)(1) – Block length greater than 1,400 feet is recommended in order to maintain large parcels suitable for future material sites. 3. An exception to KMC 14.10.070(d)(3) – Street design, is recommended. Considering the west, south and east boundaries are subject to a 50-foot road reservation created by Alaska Statute 19.10.010 (section line easement), a cul-de-sac and/or turnaround has been omitted. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 22nd DAY OF January, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 14 MEMORANDUM TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: January 21, 2026 SUBJECT: Action/Approval – Recommending to City Council Determining an Approximate 2,700 Square Foot Section of the Northwestern Corner of Tract A, Woodland Subdivision Part 4 is Not Needed for a Public Purpose On January 14, 2026, a complete application for Non-Competitive Land Purchase was submitted by Elizabeth Cooper in accordance with Kenai Municipal Code (KMC) 22.05.095(b)(1)(ii) wherein: Property sale to adjacent owners for the conveyance of a parcel of City property at fair market value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to practical use by any other party. KMC 22.05.100 – Sale Procedure outlines the steps for sale. KMC 22.05.100(a), states in part that after receiving a completed application and associated fee, that “[t]he City Council may decide to sell lands consistent with the intent of this chapter after a recommendation from the City Manager and any appropriate City commission. The City Council may always recommend a lease as opposed to a sale when in the best interest of the City and consistent with the intent of this chapter. The property is located in the Woodland Subdivision is bordered by Redoubt Avenue and Sycamore Street. This property was acquired by the applicant within the last few years and aerial photography confirms the previous owners had placed a fence upon land currently held by the City of Kenai. The approximate total square footage in question is 2,700. An exact amount would be calculated by a surveyor. KMC 22.05.100(b) and (c) outline the steps for subdivision and appraisal. KMC 22.05.100(c) specifically addresses appraisal costs and states that the cost of the appraisal shall be credited to the purchaser at closing. However, the City Manager’s recommendation does not support crediting the cost of the appraisal toward the purchase price, as doing so would not be in the best interest of the City. Staff finds that the portion of City property in question is currently zoned as Suburban Residential, aligned with the zoning of the applicant’s property. The location of the City’s portion that has been applied for is an upland portion adjacent to the larger ravine that lies east of the Woodland Page 15 Page 2 of 2 Subdivision. The property that has been applied for also lies adjacent to Redoubt Avenue, which is not extended currently. Should Redoubt Avenue be extended and bridged over the ravine, this portion of property is of such size and layout that may preclude meaningful development and would not have ideal, safe access due to the approach to a bridge. Does the Commission make the recommendation to Council to determine there is no public need for the Northwestern Corner of Tract A, Woodland Subdivision Part 4, totaling approximately 2,700 square feet? ATTACHMENTS A. Aerial Map B. Application for Non-Competitive Land Purchase Page 16 Page 17 Page 18 Page 19 MEMORANDUM TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: January 28, 2026 SUBJECT: Amendments to the January 28, 2026 Planning and Zoning Commission Agenda. Request for two amendments to the January 28, 2026 Planning & Zoning Commission Agenda. Although completed the draft minutes from the January 14, 2026 Planning and Zoning Commission meeting were inadvertently omitted from the packet, and the Administration is currently not bringing forward the legislation for recommendation in agenda item H. 3. We request the following two items be removed from the agenda: Agenda Item B. 1. Approval of the Regular Meeting Minutes of January 14, 2026. Agenda Item H. 3. Action/Approval - Recommending to City Council Determining an Approximate 2,700 Square Foot Section of the Northwestern Corner of Tract A, Woodland Subdivision Part 4 is Not Needed for Public Purpose January 28, 2026 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add Item O-1 Conditional Use Permit Closures • PZ1999-12 • PZ2020-30 • PZ2022-21 Planning Director 1-2 1-3 1-4 MEMORANDUM TO: Planning and Zoning Commission Members THROUGH: Kevin Buettner, Planning Director FROM: Jessica See, Planning Technician DATE: January 26, 2026 SUBJECT: Closure of Conditional Use Permit PZ1999-12 Per the permit holder, Harris (Nick) Miller, Nick’s Ironworks is no longer conducting business and has ceased operations. KMC 14.20.150(l)(2), Expiration – Extensions – Transferability – states that a conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. Therefore, Resolution PZ1999-12, granting a Conditional Use Permit for a welding and metal framing business at the property address of 911 Ames Road, is expired as of January 1, 2026. MEMORANDUM TO: Planning and Zoning Commission Members THROUGH: Kevin Buettner, Planning Director FROM: Jessica See, Planning Technician DATE: January 26, 2026 SUBJECT: Closure of Conditional Use Permit PZ2020-30 Per the Annual Compliance Report submitted for 2025 it has been noted that no business was conducted in 2025 and that all dogs were spayed or neutered. Upon discussion with permit holder, Robert Myers there is no plan to re-open the business. KMC 14.20.150(l)(2), Expiration – Extensions – Transferability – states that a conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. Therefore, Resolution PZ2020-30, granting a Conditional Use Permit for the breeding and sale of dogs at the property address of 1115 First Street, is expired as of January 1, 2026. MEMORANDUM TO: Planning and Zoning Commission Members THROUGH: Kevin Buettner, Planning Director FROM: Jessica See, Planning Technician DATE: January 26, 2026 SUBJECT: Closure of Conditional Use Permit PZ2022-21 Per the Annual Compliance Report submitted for 2025 it has been noted that the elementary and high school operations were moved to another facility and no activity was reported for the calendar year. Upon discussion with Rick Baldwin, on behalf of The Kenai Fellowship Church of Christ, the Church has no plans, at this time, to resume the use authorized by the permit. KMC 14.20.150(l)(2), Expiration – Extensions – Transferability – states that a conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. Therefore, Resolution PZ2022-21, granting a Conditional Use Permit for an Elementary through High School facility located at 8333 Kenai Spur Highway, is expired as of January 1, 2026.