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HomeMy WebLinkAboutResolution No. 2026-41_"'Ox7ov 1�1 KENAI CITY OF KENAI RESOLUTION NO. 2026-41 Sponsored by: Administration A RESOLUTION DECLARING A RIGHT-OF-WAY FOR A 60-FOOT BY 155.68-FOOT PORTION OF THE 60-FOOT UNNAMED RIGHT-OF-WAY LOCATED ALONG THE SOUTHEASTERN BOUNDARY OF LOT 11-A, BLOCK 8, BLACK GOLD ESTATES 2025 REPLAT, PLAT KN 2025-70, AND AS SET FORTH ON THE ATTACHED EXHIBIT "A" IS NOT NEEDED FOR A PUBLIC PURPvSE AND CONSENTING TO ITS VACATION. WHEREAS, on March 27, 2026, by Resolution No. PZ2026-07 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the vacation plat of Black Gold Estates 2025 Replat with a vacation of 155.68 feet of the 60' right-of-way along the southerly boundary as dedicated on the plat of Lot 11A, Block 8, Black Gold Estates 2025 Replat (Plat KN 2025-70); and, WHEREAS, on May 11, 2026, the Kenai Peninsula Borough Planning Commission approved to the vacation of a 60-foot by 155.68-foot portion of Wildwood Drive on the southeast boundary of Lot 11A, Block 8, Black Gold Estates 2025 Replat (Plat KN 2025-70); and, WHEREAS, on May 12, 2026, the Kenai Peninsula Borough submitted a letter to the Kenai City Council requesting consideration of the vacation in accordance with Alaska Statutes 29.40.140 that requires the consent of the City Council prior to vacation of a City right-of-way; and, WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states City Council may vacate rights -of -way or easements by resolution; and, WHEREAS, the City of Kenai has entered into an agreement with the Kenai Native Association for their interest in the 120-foot wide right of way under Wildwood Drive; and, WHEREAS, the agreement with the Kenai Native Association renders the entirety of the 60-foot right-of- way adjacent to Wildwood Drive no longer needed for a public purpose; and, WHEREAS, there is no needed public use for the 60-foot by 155.68-foot portion of the right-of-way and vacation is conducive to development of the adjacent lot; and, WHEREAS, future vacation of the remainder of the right-of-way is anticipated as other individual property owners request it. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The 60-foot by 155.68-foot right-of-way portion of Wildwood Drive on the southeast boundary of Lot 11A, Block 8, Black Gold Estates 2025 Replat (Plat KN 2025-70) is not needed for a public purpose, and the Council of the City of Kenai consents to the vacation of the 60-foot by 155.68- foot right-of-way as set forth on the attached Exhibit "A ". Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JUNE, 2026. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2026-41 Page 2 of 2 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 FROM: Kevin Buettner, Planning Director DATE: May 22, 2026 SUBJECT: Resolution No. 2026-41 - Declaring a Right -of -Way for a 60-Foot by 155.68- Foot Portion of the 60-Foot Unnamed Right -of -Way Located Along the Southeastern Boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat, Plat KN 2025-70, and as Set Forth on the Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation. On March 27, 2026, the Planning and Zoning Commission passed Resolution PZ2026-07 recommending the approval of the vacation plat of Black Gold Estates 2025 Replat subject to the following condition: The Kenai City Council must declare the sixty -foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the proposed plat. On May 11, 2026, the Kenai Peninsula Borough Planning Commission approved to the vacation of a 60-foot by 155.68-foot portion of Wildwood Drive on the southeast boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat (Plat KN 2025-70) during their scheduled meeting. In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Kenai Municipal Code 22.05.110, Determination as to the need for public use the Kenai City Council may vacate rights -of -way or easements by resolution. Council approval of this resolution would approve the vacation of the subject 60-foot by 155.68-foot right-of-way. The City has entered into an agreement with the Kenai Native Association regarding the right of way under Wildwood Drive. Acquisition of this right of way rendered the adjacent 60-foot unnamed wide right of way redundant and eliminated the public benefit or need. Furthermore, vacation of the unnamed right-of-way would make development of adjacent lots less challenging, by reducing the length of driveways and utility extensions needed for access. Future vacations along this right- of-way are anticipated as property owners request it. Thank you for your consideration. Attachments Exhibit A: Notice of Decision Letter from Kenai Peninsula Borough dated May 12, 2026 with Pertinent Materials from Borough Planning Commission Meeting ZME `[ IN. Remaining Unnamed ROW INN . • •� . t � ROW to he ►vacated 4 4 r� Planning Commission Unapproved Minutes May 11, 2026 Hearing no objection or further discussion_ the motion was carried by the following vote: MOTION PASSED BY UNANIMOUS VOTE: Yes - 8 1 Brantley, Epperheimer, Fikes, Gillham, Morgan, Slaughter, Whitney, Venuti AGENDA ITEM E. NEW BUSINESS ITEM #1 - RIGHT OF WAY VACATION VACATE AN APPROXIMATE 60' BY 155.68' PORTION OF THE fig' UNNAMED ROW LOCATED ALONG THE SOUTHEASTERN BOUNDARY OF 11-A, BLOCK 8, BLACK GOLD ESTATES 2025 REPLAT, PLAT KN 2025-70 KPB File No. 2026-034V Planning Commission Meeting: May 11, 2026 Applicant ! Owner: Alexander Douthit AKA Alex Douthit Surveyor: Andrew Hamilton 1 McLane Consulting, Inc. General Location: Off Wildwood Drive_ City of Kenai Legal Description: Unnamed Street, Black Gol.. a s Sub '�vis o, ' mended Plat KN 1399. Kenai Recordin Dis,. t, T06N, R12W SEC 25, S.M. Adjacent to Lots 11 & 12 Block 8 Commissioner Brantle- re uested to be recused from this m t he , as potential financial interest in the vacation. He requested Vice Chair Gillham reside over this matter. Staff report given by Platting Manager Vince Piagentini. Commissioner Gillham opened the item for public comment. • Alex Douthit. Petitioner: Mr. Douthit spoke in support of approving this vacation. Seein and hearin_ no one else wishing to comment, public comment was closed and discussion was opened among the committee. Commissioner Fikes requested to be recused from this matter as she voted on the vacation as a member of the City of Kenai Plan 1h.-, & 4 ning Commission. MOTION: Commi -,io. er Whitney ove, seconded b. Commissioner Epperheimer rantin the vacation as , etitioned based on the means of evaluatin ublic necessit. established b KPB 20.65 adoptin_ and incor oratin_ by reference the staff report, staff recommendations and subject to the four conditions as set forth in the staff report. Hearin no ❑b ectio , o, further discussion the motion was carried by the following vote: MOTION PASSED BY UNANIMOUS VOTE: Yes - 6 I Epperheimer, Gillham, Morgan_ Slaughter, Venuti, Whitney Recused - 2 Brantley, Fikes ITEM #2 — ORDINANCE 2026-22 AUTHORIZING A COMMUNICATIONS SITE LEASE AGREEMENT WITH VERTICAL BRIDGE S3 ASSETS, LLC IN KENAI Staff report given by Land Management Officer Aaron Hughes Commissioner Brantley opened the item for public comment. Seeing and hearing no one wishing to comment, public comment was closed and discussion was opened among the committee. Kenai Peninsula Borough Page 2 E. NEW BUSINESS 1. Right-of-way Vacation; KPB File 2026-034V McLane Consulting Group / Douhit Request: Vacates a 60' X 155' section of an unnamed associated utility easement along the southeasterly parallel to Wildwood Drive granted by Black Gold Subdi►rision Amended, Plat KN 1399 City of Kenai ROW & lot line Estates • KENAI PENINSULA BOROUGH Planning o � Ln z KORPI AVE _ m a LENNA AVE z z < 1 Lfs Y Q _ k � l D ALPINE AVE: BREE AVE. Right -of -Way Vacation .Location O4 >> Q� • �ti \1 AY , Vicinity Map >_ ' '. �• -G� /J• FLORIDA ton / 1-- AVE J LULA A 1 J J PETERKI/V16' L_ P L FFF �. Q4 d z rn �� SPUR DFt'. . j��A N N A R D 4kl� �. I ST N-14 s?,YSON x AMA DR +'---- REDOUBT AVE ----- AVE G�' r EACH DP' 0 200 400 Feet � F A-23 35 g =�BCORGEN=A-VE­ KPB File 2026-034V T06N R12W SEC25 City of Kenai 4/13/2026 24 I +L__ Right -of -Way Vacation Location DR y d�p z W LLJ The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borouqh assumes no responsibility for any errors on this map. E1-1 OT, KENAI PENINSULA BOROUGH Planning R',rr •R � _ L �i Y i� T N KPB File 2026-034V 4/13/2026 ® ROW Vacation _ A. i VP ` Z rt� c L: 1 ❑ 25 50 100 Feet "r %.. _ y: The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. E1-2 KPB 2026-034V AGENDA ITEM E. NEW BUSINESS ITEM #1 - RIGHT OF WAY VACATION VACATE AN APPROXIMATE 60-FOOT BY 155.68-FOOT PORTION OF THE 60-FOOT UNNAMED RIGHT-OF- WAY LOCATED ALONG THE SOUTHEASTERN BOUNDARY OF 11-A, BLOCK 8, BLACK GOLD ESTATES 2025 REPLAT, PLAT KN 2025-70 KPB File No. 2026-034V Planning Commission Meeting: May 11, 2026 Applicant / Owner: Alexander Douthit AKA Alex Douthit of Kenai, Alaska Surveyor: Andrew Hamilton, McLane Consulting, Inc. General Location: Off Wildwood Drive, City of Kenai Legal Description: Unnamed Street, Black Gold Estates Subdivision, Amended Plat K 1399, Kenai Recording District, Township 6 North, Range 12 West, Section 25, Seward Meridian adjacent to Lots 11 & 12 Block 8 STAFF REPORT Specific Request / Purpose as stated in the petition: A portion of the 60-foot right-of-way per Black Gold Estates Subdivision, Amended (K1399). Proposed vacation is approximately 9,360 square feet. The adjacent land has been replat to one lot as Lot 11-A Block 8 Black Gold Estates 2025 Replat (KN2025-70) from Lot This land was originally plotted in 1962 as a frontage road to access residential lots that will be replotted into one larger lot. The frontage road is no longer needed to access the property. Wildwood drive access is adequate. Additionally, the extra 60 feet to run utilities creates an unnecessary cost burden to develop the land. An additional portion of the unnamed 60-foot right-of-way was vacated per KN 2022-1. Notification: The public hearing notice was published in the May 8 issue of the Peninsula Clarion and the May 7 issue of the Homer News as part of the Commission's tentative agenda. The public notice was posted on the Planning Commission bulletin board at the Kenai Peninsula Borough George A. Navarre Administration building. Additional notices were mailed to the following with the request to be posted for public viewing. Twenty-nine certified mailings were sent to owners of property within 300 feet of the proposed vacation. Zero receipts had been returned when the staff report was prepared. Eleven public hearing notices were emailed to agencies and interested parties as shown below; State of Alaska Dept. of Fish and Game State of Alaska DNR State of Alaska DOT State of Alaska DNR Forestry City of Kenai Emergency Services of Kenai Kenai Peninsula Borough Land Management Alaska Communication Systems (ACS) ENSTAR Natural Gas General Communications Inc, (GCI) Homer Electric Association (HEA) Legal Access (existinq and proposed): Legal access to the unnamed street is by Wildwood Drive. Wildwood Drive is a 120-feet-wide city -maintained road which connects to the Kenai Spur Highway to the west, a state -maintained road. Black Gold Estates Subdivision Amended (KN 1399) dedicated the 60' right-of-way that is proposed for vacation. Page 1 of 7 El -4 The block length is compliant due to the existence of present roads: Wildwood Drive to the south, Kenai Spur Highway to the west, an unnamed 60-foot right-of-way and Windflower Drive to the north, and an unnamed 60-foot right-of-way to the east. No new dedications are proposed with the plat. No access to surrounding lots will be affected as Windflower Drive and Wildwood Drive provide public access to surrounding lots. No section line easements affect the area to be vacated. KPB Roads Dept. comments Out of Jurisdiction: No Roads Director: Uhlin, Dil Comments: This plat dedicates the 10' utility easement but failed to dedicate the 20' building setback. SOA DOT comments Site Investigation: According to the KWF Assessment, no wetlands affect the area to be vacated. The frontage road does not provide access to a lake, river, or other area with public interest as it only provides access to private lands. The topography of the proposed area to be vacated is flat, with no contours affecting the area per the KPB GIS imagery terrain layer. Per FEMA, this area is located within Zone D and is an undetermined flood risk. The proper plat notes have been added on the plat as plat notes number 2 and 3. The KPB River Center Reviewer did not identify the proposed vacated area to be within a Habitat Protection District. According to available public imagery, it does not appear that the right-of-way has been improved or is being used for vehicular access. KPB River Center review I A. Floodplain Reviewer: Hindman, Julie Floodplain Status: Within City of Kenai Comments: No comments B. Habitat Protection Reviewer: Aldridge, Morgan Habitat Protection District Status: Is NOT within HPD Comments: No comments Staff Analysis: The Carl Ahlstrom Homestead was first plotted out in 1955 as shown on the map plat filed at K216. Then in 1963 Black Gold Estates Subdivision K1335 subdivided a portion of the Carl F. Ahlstrom Homestead. In 1964, the plat was revised by Black Gold Estates Subdivision Amended, Plat KN 1399. As noted on the parent plat under revisions "The addition of the 60 ft. street in front of certain lots on the plat "were necessary to fill covenant No. 9 as shown on the original plat," was the reason for the revision and amendment to the plat. This 60- foot right-of-way was intended to be a frontage road along Wildwood Drive. Page 2 of 7 E 1-5 The adjacent property to the west was subdivided by Black Gold Estates 2021 Replat, plat KN 2022-1. This platting action vacated the western portion of the unnamed 60-foot-wide frontage road. In 2025, Black Gold Estates 2025 Replat (KN 2025-070) combined Lots 11, 12, 16 and 17, Block 8, and created Lot 11-A1, Block 8 which the petitioned vacation is adjacent to. This right-of-way vacation was originally reviewed by the City of Kenai Planning and Zoning Commission on February 26, 2025. Subsequently, KPB Planning Commission reviewed and granted approval on April 28, 2025. On May 27, 2025, the City of Kenai City Council, voted to veto the proposed right-of-way vacation. The petition has been re -submitted after the City of Kenai attempted to clarify ownership of the proposed right-of- way with the Kenai Native Association, Inc by conveyed to the City of Kenai per Deed 2025-010976-0. Upon further review, this area was determined to be Wildwood Dr., and the unnamed frontage road appears to have been dedicated by the owners of Black Gold Estates Subdivision Amended K1399 in their Certificate of Ownership and Dedication note. The City of Kenai Planning and Zoning Commission reviewed the vacation at their March 25, 2026 meeting and granted conditional approval. Conditions of approval include: 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare the 60-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3. A plat note added to the final plat to prohibit access from Windflower Drive to avoid double frontage, in accordance with KMC 14.010.070(e)(2). The Kenai City Council must approve the vacation after the Kenai Peninsula Borough Planning Commission review in order for the vacation to be finalized by the plat. Staff recommends, the conditions be met during the final plat submittal. Black Gold Estates 2025 Replat KN2025-70 granted a 10-foot utility easement adjacent to the unnamed road right- of-way requested for vacation. This right-of-way vacation petition is also requesting to vacate the adjacent and associated 10' utility easement granted by KN2025-70. 20.65.050 — Action on vacation application D. The planning commission shall consider the merits of each vacation request and in all cases the planning commission shall deem the area being vacated to be of value to the public. It shall be incumbent upon the applicant to show that the area proposed for vacation is no longer practical for the uses or purposes authorized, or that other provisions have been made which are more beneficial to the public. In evaluating the merits of the proposed vacation, the planning commission shall consider whether: 1. The right-of-way or public easement to be vacated is being used; Applicant comments: The frontage road is no longer needed to access the property. Wildwood drive access is adequate. Staff comments: The unnamed street was intended to be a frontage road. It has not been improved and is not being used for public access 2. A road is impossible or impractical to construct, and alternative access has been provided; Applicant comments: Primary access for this land is via Wildwood Drive which is a 120-foot right-of- way that is paved/constructed and used for ingress/egress of traffic. Staff comments: Wildwood Drive and Windflower Drive both provide public access. 3. The surrounding area is fully developed and all planned or needed rights -of -way and utilities are constructed; Staff comments: The surrounding area has been subdivided with adequate rights -of -way and utilities easements. Page 3 of 7 E1-6 4. The vacation of a public right-of-way provides access to a lake, river, or other area with public interest or value, and if so, whether equal or superior access is provided; Staff comments: The frontage road does not provide access to a lake, river, or other area with public interest as it only provides access to private lands. 5 The proposed vacation would limit opportunities for interconnectivity with adjacent parcels, whether developed or undeveloped; Staff comments: The platted rights -of -way from parent subdivisions provide interconnectivity of public access and utilities. 6. Other public access, other than general road use, exist or are feasible for the right-of-way; Staff comments: Lying between Wildwood Dr and the applicant's property, there does not appear to be any other uses available for the frontage road right-of-way. 7. All existing and future utility requirements are met. Rights -of -way which are utilized by a utility, or which logically would be required by a utility, shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a utility easement be granted in place of the right-of-way. Staff comments: The vacation has been sent to the utility companies for review and comments. Utility providers have existing lines in this area. No new utility easements were requested. The plat that will finalize the vacation will grant a 10-foot utility easement adjacent to Wildwood Drive. 8. Any other factors that are relevant to the vacation application or the area proposed to be vacated. Applicant comments: The extra 60 feet to run utilities creates an unnecessary cost burden to develop the land. Staff comments: A KPB Planning Commission decision denying a vacation application is final. A KPB Planning Commission decision to approve the vacation application is subject to consent or veto by the KPB Assembly, or City Council if located within City boundaries. The KPB Assembly, or City Council must hear the vacation within thirty days of the Planning Commission decision. The City Council will hear the vacation at their scheduled May 20s' 2025 meeting. If approved, Black Gold Estates 2026 Vacation plat will finalize the proposed right of way vacation. The plat will be reviewed internally by staff as it will be submitted as a Right-of-way Vacation Plat Final. Addressing I Reviewer: Leavitt, Rhealyn Affected Addresses: 2707 WINDFLOWER DR, 2705 WINDFLOWER DR, 2714 WILDWOOD DR, 2712 WILDWOOD DR Existing Street Names are Correct: Yes List of Correct Street Names: WILDWOOD DR, WINDFLOWER DR Existing Street Name Corrections Needed: All New Street Names are Approved: No Page 4 of 7 El -7 List of Approved Street Names: List of Street Names Denied: Comments: No other comments Code Compliance Reviewer: Ogren, Eric Comments: No comments Planner Reviewer: Raidmae, Ryan There are not any Local Option Zoning District issues with this proposed plat. Material Site Comments: There are not any material site issues with this proposed plat. Review Not Required Assessing Reviewer: Windsor, Heather Comments: No comment Utilitv provider review: HEA No comments ENSTAR ACS GCI STAFF RECOMMENDATIONS CORRECTIONS / EDITS RECOMMENDATION: Based on consideration of the merits as per KPB 20.65.050(D) as outlined by Staff comments, Staff recommends APPROVAL as petitioned, subject to: 1. Consent by Kenai City Council. 2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code including a submittal to and approval by the Plat Committee. 3. Grant any utility easements requested by the Kenai City Council and utility providers. 4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation consent (KPB 20.65.050(I)). KPB 20.65.050 — Action on vacation application H. A 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 shall have 30 days from the date of the planning commission approval to either Page 5 of 7 E1-8 consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning commission. Failure to act on the vacation within 30 days shall be considered to be consent to the vacation. This provision does not apply to alterations of utility easements under KPB 20.65.070 which do not require the consent of the assembly or city council unless city code specifically provides otherwise. I. Upon approval of the vacation request by the planning commission and no veto by the city council or assembly, where applicable, the applicant shall have a surveyor prepare and submit a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat. The final plat must be recorded within one year of the vacation consent. J. A planning commission decision denying a vacation application is final. No reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. K. An appeal of the planning commission, city council or assembly vacation action under this chapter must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November, 2019 by Ordinance No. 2019-25. The relevant objectives are listed. Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to local and regional facilities, activities, programs and services. - Focus Area: Energy and Utilities o Objective A - Encourage coordination or residential, commercial, and industrial development with extension of utilities and other infrastructure. ■ Strategy 1. Near— Term: Maintain existing easements (especially section line easements) in addition to establishing adequate utility rights of way or easements to serve existing and future utility needs. ■ Strategy 2. Near— Term: Maintain regular contact with utility operators to coordinate and review utility easement requests that are part of subdivision plat approval. ■ Strategy 3. Near— Term: Identify potential utility routes on Borough lands. - Housing o Objective D. Encourage efficient use of land, infrastructure and services outside incorporated cities by prioritizing future growth in the most suitable areas. ■ Strategy 1. Near— Term. Collaborate with the AK Department of Transportation, incorporated cities within the borough, utility providers, other agencies overseeing local services, and existing communities located adjacent to the undeveloped areas that are appropriate for future growth, to align plans for future expansion of services to serve future residential development and manage growth. Goal 4. Improve access to, from and connectivity within the Kenai Peninsula Borough - Focus Area: Transportation o Objective B. Ensure new roads are developed in alignment with existing and planned growth and development. ■ Strategy 2. Near — Term: Establish subdivision codes that dictate road construction standards to accommodate future interconnectivity and/or public safety. ■ Strategy 3. Near — Term: Identify areas of anticipated growth to determine future access needs. END OF STAFF REPORT Page 6 of 7 El -9 ,ptxsui q 80 ' 4n KENAI PENINSULA BOROUGH N Planning KPB File 2026-034V •.�,; E., � Aerial Map 4/13/2026 The infoimation depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors an this map. E1-10 tessuLa KENAI PENINSULA BOROUGH z ,%4, ,,,• Planning Aerial with 5-foot Contours N KPB File 2026-034V 4/ 13/202 6 PA J� P The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility far any errors on this map. E1-11 E1-14 o L -�n i> r� a 2 vi LlMlir i T 6 'dA• /���u1 /J f// • � +' '� sx+.:L Ns.>c ... r ].is ,:::.f .Us.. �.:..>, ,uu¢.r:,[o�i. t * - f Sf / � I �..on . 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AHLSTROM wr+:[c ownsRe euL q„T sn. .tcaa >,iuy aw 1r erbnl't G[31:eeW �' cn+e'1e'+no'e1 Raa1 :[te. 1•ekn, r �i. °4 RtCHARO ,rq JOAN WILL IAMB mentsa:is¢d ,v [pew4 tlrlf �/ a.y � ( �'� A7 1u0,[.aerrse WIT -IN rxe ew w of aee R . , reR, view, R. rxe $ sraep xeRi0iw rRe]�rm— ay. esa,usy 0[Lwp iie ]rwrtt e. ,eurG, era. so,.cvse er srx erye �` I M u ati a•a. � erK p� �,•AT[g� I E 1-15 m rn ! 1 E �IF Pd .I j - a LCIO -J ,Y L *' 'I L' I A t.A CFI A R A D L. iY � — a i �. � ■t s � �M L:.Y I UL f r d ! tad' t � Y 5 Y 8 y � � � � C L' . J .�ri �•� J 4 � � � • f / �iT•,� � i I 13 b IF A _ x rr.z U^ R•R U.P- R --{ P FL I � � � ` �Ll � �+ors M ?� . . • i s y� i..r t d IX Ip JLJ-jL Jr rw er - .ft- 9c 9p L -4 76 4p mn '/ Preliminary Plat Submittal Form Name: McLane Consulting Mailing Address: P❑ BOAC 468 City; Soldotna Phone Number(s): 907-283-4218 Email: Name: Alexander Qouthit Mailing Address: Phone Number(s): Email; Kenai Peninsula Borough Parcel fi: Current Ciiy Zoning: General Commercial Use: 0 Residential rC Other: Water: [I ❑n Site Sewer; ❑ On Site Preliminary Plat Name: Revised Preliminary Plat Name: Vacation of Public Right -of -Way - Street Name (if vacating ROW): City: j Kenai _4* 03904023 ❑ Recreational City of Kenar Planning aiid Zoning ❑aparlmunt 210 Fidalgo Avenue Kenai, AK 99611 t9r7) 283-8200 planrnng@keriami;yi w ww.ke nai. cityipl ann ino Slate: f Ak jZip Code: 199669 State: JAK jZip Code. 199611 El Commercial B City ❑ Community ® City ❑ Community Black Gold Estates 2026 Vacation A Yes ❑ No Unnamed bid' street per 1{1399 Exceptions Required and Requested' Comments' This is a plat that intends to vacate the 60' street adjacent to WOdwood Drive. Wildwood Drive is a 12U right of way that is constructer) and utilized for ingress/egress of traffic„ Please see attached letter. Certificate to flat Signature: -r.�- Print Name Alexander Dnutnit (1 ) 24" x 36" Plat Title/Business: J (2) 1-1" x 17" Plats Date: E1-17 STAFF REPORT • PLANNING & ZONING ❑EPARTMENT KP-NAI TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McE=lrea, Land Management Analyst DATE: March 17, 2026 SUBJECT: Resolution No. PZ2026-07 — Preliminary Plat — Black Gold Estates 2026 Vacation Request The applicant is proposing a preliminary plat to vacate a 60-foot right- of-way. Staff Adopt Resolution No. PZ2026-07 recommending approval of - -- Recornmendativn Preliminary Plat — Black Gold Estates 2026 Vacation, to -vacate a 60- foot right-of-way. Applicant: McLane Consulting, Inc. Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Alexander Douthit Legal Description: Lot 11-A, Block 8, Black Gold Estates 2025 Replat Property Address: NIA KPB Paroel No.: 03904023 Zoning ❑istrict: General Commercial (CG) Land Use Plan: Suburban Residential (SR) Surrounding Uses: Improved and Vacant Commercial and Residential E1-18 SUMMARY The City received a preliminary plat from McLane Consulting, I nc. on behalf of the property owner for the vacation of a 60-foot unnamed right-of-way (ROW) located along the southeastern boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat. The recent acquisition of the Wildwood Drive ROW by the City of Kenai, from the Kenai Native Association, Inc., renders the unnamed ROW unnecessary for the original intended use of access to the Black Gold Estates Subdivision, Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The proposed vacation plat meets the preliminary plat requirements and development requirements for the General Commercial (CG) zoning district. Access to the subject lot is via Wildwood Drive, which is a City maintained paved road. At approximately 40,729 square feet, proposed Lot 11A-1 is of adequate size for commercial development, to include parking. City water and sewer are available along Wildwood Drive. The Public Works Director, Fire Marshal, and Building Official have reviewed the preliminary plat and have no comments. Staff finds that the preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1 Pursuant to KMC 14 10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities easements, provides a satisfactory and desirable building site, and the accessible water and wsstewater systems are subject to the regulatory requirements of the City of Kenai Public Worms Department, 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is within a subdivision that has dedicated rights -of -way and determined acceptable access, subject to the listed conditions. 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 commercial development, including parking. 4. Pursuant to KMC 14,24.020 General Requirements, the preliminary plat meets City standards for minimum lot widthidepth and accessfutility easements. Compliance with the maximum lot coverage, maximum height; and setbacks will be reviewed during the building permit review. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Black Gold Estates 2026 Vacation, to vacate a 60-foot ROW on Lot 11A, Block 8, Black Gold Estates 2025 Replat, meets the general standards for Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2026-07 to the Kenai Peninsula Borough, subject to the following conditions, Resolution No PZ2026-07 Preliminary Plat Black Gold Estates 2026 Vacation Page 2 of 3 E'I -1 g 1. Further development of the property will conform to all Federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare the 60-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3. A plat note added to the final plat to prohibit access from Windflower Drive to avoid double frontage, in accordance with KMC 14.1 0.070(e)(2). ATTACHMENTS Aerial Map - Application Preliminary Plat, Black Gold Estates 2026 Vacation Plat Map K-1399, Black Gold Estates Subdivision Amended Wildwood ©rive Quitclaim Deed Resolution No. PZ2026-07 Preliminary Plat Black Gold Estates 2026 Vacation Page 3 of 3 E1-20 Current C4 Zoning: General CommgrCEal Use: ❑ Residential ❑ Remational i] Commercial ❑ Other: tlllater --- Cl On Site B City ❑ Community Sewer: ❑ On Site a City ❑ Community INFORMATIONPLAT Reliminsry Plat Name: 61ack Gold Eststn 20W Vacation Revised Preliminary Plat Name: Vacation of Public Right -of W ay: rs Yes 0 Na street Name (if vacating ROW): Unman W str W per K1399 Exceoflons Reouired and Ranuested, Comments: This is a ptat that intends to vacate the 6V street adjacent to YWildwood drive. Wildwood Drive is a 120, right of way that Is constructed and utilized for ingresslegiress of traffic. Please see attached latter. Cerfiftats to Piet _ d (1) 24" x 36" Plat ® (2) 11 ` x 17" Plats Date: fPrint Name: I Ala=Aet DOUM 171flg1RUJ rpSAt- --I E1-22 PETITION TO VAWE PLATTED RIGHT QF WAY 1 PLATTED PUBLIC EASEMENT I PLATTED PUBLIC AREA PUBLIC NEARING REQUIRED Upen receipt of complete applications with fees and all required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 61} days of receipt of corplete application. Initially, a sketch may be Included with the vacation petition for review by the Planning Commission. After the Planning Commission takes action an the vacation, a Subdivision Plat must he prepared by a licensed land surveyor. The plat will be processed in accordance with KPa 20.10.080. Platting authority is vested in the Planning Director. SUBMITTAL REQUIREMENTS Platted rhOt of wzy viicationsLfor the next aei lab__ bn6M co received ❑� - $500 non-refundable fee to help defray costs of advertising public hearing, Plat fees will be in addition to the vacation fees. ® - City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. ❑ unnamed 60' FT R!w platted public right of way proposed to be vacated was dedicated by the plat of Black Gold Estates subdivision Subdivision, filed as Plat No. "'39$ in the Kenai Recording District. W- 3 copies of the plat or map showing the platted right of way to be vacated. Must not exceed 11 x 17 inches in size. Area to be vacated must be 'dearly depicted. Proposed alternative public access to be shown and. labeled on the sketch. 21- REASON FOR VACATING The petitioner must attach a staternentwith reasonable justification for the vacation of the platted right of way/ platted easement J platted public area. Has the platted right of way been fully or partially constructed? yes V No Is the platted right of way used by vehicles { pedestrians / other? Yes V No Is alternative right-of-way being provided? Yes V No Are there utility easements associated with the right of Way to be vacated? 4/1 Yes No Is the platted right of way and or associated utility easement in use by any utility company? I Yes V INo If so, which utility provider? LEGAL. DESCRIPTION ADJOINING LAND: Lot, Block, Subd, or street address Lot 11-A Block 8 Slack Gold Estates 2025 Replat (KN2025-70) Section, township, rangeS25, T6N, City (if applicable) Kenai R12W General area�woad Drive The petition must be signed by owners of a majority of the land affected by the platted right of way proposed to be vacated. Each petitioner must include address and legal description of his/her property. Attach additional signature sheets if ee ed. Submitted by: E1-23 VACATION OF PLATTED RIGHT OF WAY 1 PLATTED PUBLIC EASEMENT! PLATTED PUBLIC AREA 20.65.010. Authority; legislative Intent; Soope. This chapter Is enacted under the authority of AS 29.40. A vacation decision Is a discretionary legislative land use decielon. The purpose of this chapter is to establish procedures for the vacation of a platted public right-of-way, public area, or other public easement dedicated on a borough approved plat, and to provide procedures for the alteration; -including removal, _of Rletted"uillkyeasemento.-Thls chapter dove not apply to easements or property awned or held by a city or ft borough in their proprietary capacity which may ortiy be extinguished through the terms of the controlling document or applicable law. This chapter does not apply to private easements. 20.BL030. Vacation Criteria. Vacation of a platted public right-of-way, amass, area or other easement granted for public use or public benefit must conform to the requirements of this chapter and AS 29.40.120 through AS 2a40.160 as now enacted or as amended. 20.65.040. Vacation Application. An Gnfortnaf pre-appllcaEtlon conference by appointment with borough staff prior to the submittal of the application for vacation of a public right-of-way Is encouraged. The application shad include the following Rems. A. A petition, provided by the borough planning department, signed by: 1. The owners of the majority of the land abutting the area being vacated; or 2. An official representative of the state. the borough, an affected utility, or a city when the area to be vacated Is within the city, B. A sketch that depicts the area to be vacated, a preliminary vacation plat, or a copy of the -- ---_exlating plat showing the proposed alteration or replat. The format and number of. copies of. the sketch submittal shall be determined by the planning director; C. Written recommendations, comments, or meeting minutes from the planning and zoning commission of the afteted city, if the area to be vacated is within a city. The sketch or submittal provided to an affected city must be the some submNal that is provided to the borough. a. The appropriate fee; and E. Applicant statement containing the reasons In support of the vacation. 20.6&060. Action on vacation appllcatfan. A. Staff shall review the application and supporting materials for compliancs. If the applination Is incomplete, staff will return it to the applicant with a written list of deficiencies to be satisfied for acceptance. B. Alter acceptance of the application, staff' YAI: 1. Send notice of the proposed vacation and the public hearing in accordance with KPB X 10.100. 2. Prepare a staff report that evalustea the merits of the proposed vacation. Revisions to the appiicatlon submitted subsequent to the preparation of the staff report and after notice Is sent will not be consldered at the scheduled public hearing. Any such revisions will be treated as a revised applicatlon under this chapter. C. An accepted application shall be placed on the agenda of a regularly scheduled planning commission meeting. The public hearing on the vacation may not be more than 60 days after acceptance of the application, unless the applicant requests postponement. D. The planning commission shall consider the merits of each vacation request. A platted dedication to public use of land or interest In land may be vacated If the dedication Is no ktnger necessary for present or future public use and in all cases the planning commission shah doom the area being vacated to be of value to the public. In evaluating the merits of the proposed vacation, the plannIN commission shall consider whether: 1. The right-cf-way or public easament to be vacated Is tieing used; 2. A road is Impossible or Impractical to construct, and alternative access has been provided; 3. The surrounding area Is roily developed and all planned or neadad rights -of -way and utilities are constructed; 4. The vacation of a public right-cf-way provides access to a lake, river, or other area with public interest or value, and if so, whe"r equal or superior access is provided; 5. The proposed vacation would limit opportunities for lnteroannectivfty with adjacent E I -24 F. The borough will consider realignment of a right of -way by vacation and rededication where the planning commission finds that the right-of-way realignment will enhance access and the realigned right-of-way is located to provide reasonable means of ingress and egress. G. Where the planning commission finds that a right-of-way must be preserved, but determines there is excessive width for all intended uses within the right-af--way, the commission may approve a partial vacation of a right-cf-way such that the width is reduced to the maximum necessaryfor the intended use. Such vacation shall conform to this title for the class of right- "y ittivtilvaa;e.�cep vhiSi i ;ie`ll l qua risinbi.intended to be used for vehicular purposes. s,.. H. A planning oommiselon 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 shall have 30 days from the data of the planning commission approval to either Consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning commission. Failure to set on the vacation within 30 days shall be considered to be consent to the vacatidn. Tbls provision does not apply to alterations at utility Basements under KPB 20.65.070 which do not require the consent of the assembly or city council unless city code specifically provides otherwise. I. upon approval of the vacation request by the planning commission and no veto by the city council or assembly, where applicable, the applicant shall have a surveyor prepare and submit a plat including the entire area, approved for vacation In conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat, The final plat must be recorded wlthin one year of the vacation consent. .l. A planning commission decision denying a vacation application is final. No reapplication or petition concerning the same vacation may be fled wtthln one calendar year of the date of the final denial a ion except In the case where new evidence or circumstances exist that were not available or present when the original petition was tiled. K An appeal of the planning commission, city council or assembly vacation action under this chapter must be filed in the superior court in accordance with this Alaska Rules of Appellate Procedure. 20.65.060. Titre to vacated aces. A. The title to the street or other public area vacated on a plat attaches to the lot or land bordering the area In equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area that has on one side of the boundary line shall attach to the abutting property on that side, and the street area that ties on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street that lies Inside the limits of a platted addition attaches to the tots of the platted addition bordering on the area. If a public square is vacated, the We to it vests in a city if it lies Inside the city, and in the borough If it lies inside the borough but autslde all titles. If the property vacated Is a lot, title vests in th® rightful owner. B. If the municipality acquired the street or other public area vacated for legal consideration or by express dedication to the municipality other than as a subdivision platting requirement, before the final act of vacation the fair market value of the street or public area shall be deposited with the platting authority to be paid to the municipality on final vacation. C. Other provisions of this subsodon notwithstanding, the planning commission may determine that a portion of the area proposed to be vacated should be reserved and If so, title to the area vacated and held for another public easement purpose remains in the borough or city, as applicable. EI-25 0 PRELIMINARY PLAT o REVISED PRELIMINARY PLAT ino4o required] ❑ PHASED PRELIMINARY PLAT C. PRELIMINARY .PLAT FOR PRIVATE STREETSMATED SUBDIVISION - alI requirments of chapter24, exdudhV 213M210 and 20.0 cpplyand rrwst be met. SUBDNISION PLAT NAME; must be a unique name, contact staff.for assistance if needed. Slack Gold Estates 2026 Vacation PROPERTY INFORMATION: Legal description: Replat of Lot 14-A Block B Bladc Gold Estates 2025 Replat (KN2025-70) & Vacation of Unnamed 60' RPW EMwA Gold Estates Subdivision (KI399) Sectiore 25 Township:6N Range:12W General area description Mdwood Dr. City (if applicable): Kett Total Acreage:0.028 SURVEYOR Company. McLane Consulting, Inc. Contact Person: Andrew Hamilton Mafl&ig address: PO BOX 468 City, $coin, ZipSoldotna, AK 99669 . . Phone: 907-283-4210 a-maf : shemoton@Mclaneog.corri PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER: © on site P City m community WATER: 13 on site A City o cornmunitV SUBMITTAL REQUIREMENM sreHMinaryPllat_applicatlon wilf be scheduled for the next available plat committee meetin ¢Dmolete application has been receh► d, P 1- full size paper copy e 3 - reduced sired drawing (11 x 17) rr. Preliminary plat Nam, N-REFUNDABLE submittal fee (r City Planning Commission minutes when located within city limits or Bridge Creek Watershed District it Certificate to plat for ALL parcels inciuded In the subdivision o Documentation showing proof of signatory authority (partnerships; corporations, estates, trusts, etc.) f AU requirements of KP8 20.25.070 (see page 2 for checklist) and KPB 20-25,080 EXCEPTIONS REQUESTED TO PLATTING CODE: Complete the EXCEMON REQUEST APPLICATION and attach to the preliminary plat submittai. APPLICANT: $� MA�C� � .©F,¢Li.. LEGAL PROPERTY OWNERS ARC, flQUE _ IRED. Additional signature sheets can be attached. When signing on behalf of another indWWual, estate, corporation, LLC, partnership, etc., documentation Is required to show authority of the Indh4dual(s) signing. Contact KP8 staff for clarlficatlon if needed. Harris (t�r+�tezd Phone; Signature: Name 4Wnw* E1-26 Aerial Mmp aPICt • + y ' 400 •� Yy� �16 h t - 60'x254' area vacated in 2�022 �C1P t �.•: } 60'x 155.68' area to be vacated this plat . ti IL ' +�► ►� ��� 'A • WOF ` � ■ f� r 41 •• 1. E1-27 I I Nam fOal�l•lf2' L IO'W'ARN rSTMICIIAE5 IRCIj9Mlncnu DO RALEDWPIIIAVTROV BUEM91T r+.4q. 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I•ewA: !.• � Yaa L• ✓,...I.r•.4 •e1.r I ne' �e�w,A r• . er s. r.r er ew". we ;.. �.u,a��.��s+�irs,5 �.'i ...a.•'. 1.,. r. ate.. er r. le, b lea'r'�-7 v'« x •¢31 ➢eT.Sfr�eil plesa��..� �Irt nw, � 1rw w wnti • YW •TwTI'1f a1J �" Kf".AnC} .7o p'J#p:^,11f. •T.•1 f :�www wMl w 9nergo M. en arW..5ll[ «4 4 H' M �+: n•w•�Crw: w �Maa�..�Y �. �. IIw1 [+.1r.Y.� wr a.aljj.e.�•l 7] .rI[r. r.. •%1_/2 a*+^fr -.41 nr. — �r•• ' >•4 di ��� ^1 tM ix r-.r, tr .rw .�r.��t"t�l'T{nnl nr �.a. Nr .. r�.� irJ.f�} G- �•�Y �,,.�_ �11�' - K�i.i wee. L•_:.-• BLACK OOLO ESTATES SUBDIVISION, AMENDED rfv rN.f - fJ It • 49t1 r711610 tl.r I1l!• C- AMLSrgp11 .:r� �.d.T Y�ry W1 �Ys d•r. afb. lR .a.r•.r r.. •►..a a'�•a TT ry..y ... n+nw•urw r. ra ... ..I.t., ww 11C7141114I W J(.111 oAII IiY'i _• r•"f � Mer1Yr•q ! rra •www wow+>LYn. H• I.er },.w w W �NMr. 1-,+• .1xr +.... 'r11Yle. A rri fJa . rtwra .�.1lr •.urw wl•w .[r a r A Yl•v. •• wi ew~I`Mr•1�.�ali� q wq n �a41 a .�w� r'' ..a , bl� A .rf 11 •..7 .k.1+, w rIN1. tp •.w.. • xu 1w1[t v a.•f. f 71lrrf rr • Ym 3. 1-ri --Trpr .• ra-:1P1[� LIS w*t'al ...r-. _,.�rh �uw .aa-.�..e vrtl Y+�-•rY. T. r.�tl1. +w.•ltiwc �ws ��:-n`pa rr.wn�e••.ra C�1 r �IJ.:errr s.aa-a .- ram- • .... r- � rr�e'a•a. . • r-a* -3�- ! A� ke•r,]r ram,¢ rl•.+ IiJ .C�tl w +rrrl•! — a..l.� T� s Sl�f b JRS•� ill Mr ••yle iA wy wR] vF/ b x! -7,- 6 a -7 E l -29 DOCUMENT ILMONICALLY RKNOED A i_ A s x A 2025--010976-0 Recording Dist_ 302 - Kenai 12/23/2025 09:38 AM Pages: 1 of 2 The Kenai Native Association, Inc. (hereinafter GRANTOR), an Alaska Native Village Corp. organized under the laws of the State of Alaska, whose address is 216 Fidelgo Street, Suite 204B, Kenai, Alaska 99611, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration does hereby convey and quitclaim all right, title and Interest to the City of Kenai, (hereinafter GRANTEE), whose addrbss is 210 Fdalgo Ave., Kenai, Alaska 99611, for a road and outfall. sewer right-of-way known as Wildwood Station Road, Wildwood Drive, Wildwood Road, Wildwood Extended, U.S. Military Right -of --Way, Military Reservation Road, Sanitary Outfall Sewer Line Right of Way, and Cook Inlet View Dr, including all water and sewer lines and improvements contained thereon extending as shown on Tract 4, Wildwood Corrections Plat KN 92-73, to the Cook Inlet, all within the Kenai Recording District, Alaska, more particularly described as follows: An 80-foot right-of-way for construction of an outfaLL sewer, being 40 feet each side -of the centerline of manholes and more particularly described as: Starting from the center quarter corner of Sec. 25, T6N, R12W, Seward Meridian, thence North 74 feet along center section Lina to the centerline of outfatl sewer which is the point of beginning, thence South 45 degrees 05 minutes West 1,290 feet to the center of Manhole No.15; thence South 44 degrees 53 minutes Vilest 1,161 feetto the centerline of the Kenai Spur Road; thence South 45 degraest 3 minutes West 1,279 feet to the West line of sec. 25; thence South 45 degrees 11 minutes West 113 feet to the South line of Sec. 26; and, A 40-foot strip of land for an access road lying southeasterly and adjacent to the 80 foot right-of-way, extending from the military boundary at the quarter section corner of Sec. 25, TBN, R12W, Seward Meridian, to the easterly edge of Kenai Spur Road. Said right-of-waywas conveyed to the Kenai Native Association Inc. bythe United States of America in U. S. Patent 50-74-0109 dated March 28, 197+4 (latent). Grantor expressly R,. "h -k" 6r*hk& Quit Cairn Deed Kenai Native Assodation/City of Kenai Page 1 of 2 eRevwded Document E1-30 reserves any and all rights'or claims against any third party related to the original Patent of Land to Grantor. Additionally, any interest conveyed by dedication or vacation of the following platting actions: Carl F. Ahlstrom Subdivision K-215, Black Gold Estates Subdivision Amended K- 1399, Black Gold Estates Subdivision No. 2 KN-84-75, and any express easements of record. Dated this %day of 425. �/'— - �' 9 Vernon Stanford, P sident Kenai Native Association NOTARY ACKNOWLEDGEMENT STATE OF ALASKA yss. THIRD JUDICIAL DISTRICT fo, The foregoing instrument was acknowledged before me this a day of,Dee-dm�eK 2Q?3- by Vernon Stanford, President of Kenai Native Association. Quit Gaim Deed Kenai Native Association/Cityof Kenai Page 2 of 2 eftecorded Dacument X018 ry P lic in an r Alaska Mycam fission expires: 23- 7 2of2 302-2025-0IO976-0 E1-31 KENAI PLANNING R ZONING COMMISSION — REGULAR MEETING MARCH 25, 2026 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 216 FIDALGO AVE., KENAI, AK 99611 CHAIR KEATON, PRESIDING MINUTES A. CALL TO ❑RDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on March 25, 2026, in City Hail Council Chambers, Kenai, AK. Chair Keaton called the meeting to order at approximately 7.00 p.m. 1. Pledge of Allegiance Chair Keaton led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sonja Earsley Jeanne Keaton, Chair Marty Askin Absent: Gwen Woodard A quorum was present. Also in attendance were: Kevin Buettner, Planning ❑irector Logan Parks, Deputy City Clerk Alex ❑outhit, Vice Chair ❑iane Fikes Stacy Krause 3. Agenda and Consent Agenda Approval MOTION: Commissioner Askin MOVED to approve the agenda and consent agenda. Commissioner Fikes SECONDED the motion. The items an the Consent Agenda were read into the record. Chair Keaton opened the floor for public comment an consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no abjection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner 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 March 11, 2826. C. SCHEDULED PUBLIC COMMENTS - None. ❑. UNSCHEDULE❑ PUBLIC COMMENTS - None. Planning & Zoning Commission Page i of 3 March 25, 2026 E1-32 E. CONSIDERATION OF PLATS 1. Resolution PZ2026-07 - Recommending that Preliminary Plat Black Gold Estates 2026 Vacation be Conditionally Approved. MOTION: Commissioner Earsley MOVED to approve Resolution PZ2026-07. Commissioner Fikes SECONDED the motion. (Clerk's Note: Commissioner Douthit declared a conflict with Resolution PZ2026-07 as he was the applicant. Chair Keaton ruled a conflict dial exist and Commissioner Douthit stepped away from the dais and abstained from voting on the Resolution. j Director Buettner read the staff report as provided in the packet. Chair Keaton asked if there were any remote attendees wishing to speak. Chair Keaton asked if any Commissioners had any questions for the applicant. Chair Keaton called for the vote f0erk's Note: Although a vote was taken it was immediately followed by a Point of Order as the public hearing in chambers was never opened. The vote was out of order; therefore, stricken from the record.} Clarification was provided regarding the changes that were made since the previous application; and instructions were provided that when voting, Commissioners need to include their findings for the record. Chair Keaton opened the public hearing. Alex Douthit, applicant addressed the Commission noting that the original denial was based on unresolved right-of-way ownership; a perceived conflict of interest, which was no longer applicable; the City no longer required the right-of-way; staff supported the vacation; and additional costs would be borne by the landowner. He further clarified that the vacation would allow drainage issues to be addressed. There was discussion regarding the historical purpose and ownership of the land. There being no one else wishing to be heard, the public comment period was closed. VOTE: YEA: NAY: ABSENT: ABSTENTION: MOTION PASSED. Keaton, Earsley, Fikes Askin Krause, Woodard Douthit F. PUBLIC HEARINGS - None. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS - None. REPORTS 1. Planning Director Planning Director Buettner reported on the following: • FAA Section 106 findings related to fence replacement at the Airport were included under Informational Items for awareness. • Upcoming schedule changes: no meeting on April S, and the next meeting is April 29, 2026 due to Council meeting shift. Planning & Zoning Commission Page 2 of 3 Marcie 25, 2026 E I -33 Spring workload is increasing, with anticipation of starting seasonal activities soon. 2. Commission Chair - No report. 3. Kenai Peninsula Borough Planning Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. J. ADDITIONAL PUBLIC COMMENTS - None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: April 29, 2626 L. COMMISSION COMMENTS AND QUESTIONS MOTION: Commissioner Douthit MOVED to excuse Commissioner Woodard's absence. Commissioner Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; S❑ ORDERED. There was appreciation for the Spring weather; Commissioners reminded to state their findings when voting on items brought to the Commission. M. PENDING ITEMS - None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. FAA Section 106 Findings There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7,27 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 25, 2026. Logan Parks, Deputy City Clerk Planning & Zoning Commission Page 3 of 3 Marcie 25, 2026 E l -34 K ENAI CITY Of KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-07 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT BLACK GOLD ESTATES 2026 VACATION ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTION: Lot 11-A, Block 8, Black Gold Estates 2025 Replat KPB PARCEL NUMBERS: 03904023 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc., on behalf of property owner Alexander Douthit, for a vacation of the 60-foot unnamed public right-of-way located along the southeast boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat; 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 lot will have access from Wildwood Drive (a City -maintained paved road); and, WHEREAS, City water and sewer is available to the proposed lot; and, WHEREAS, a 10-foot easement for utilities is located along the northwest boundary adjacent to Windflower Drive, and along the southeastern boundary of proposed Lot 11-A adjacent to the existing 120-foot Wildwood Drive right-of-way; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the City does not have a public interest in retaining the 60-foot unnamed public right- of-way located along the southeastern boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10,070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities easements, provides a satisfactory and desirable building site, and the accessible water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. EI-35 Resolution No. PZ2026-07 Page 2 of 2 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is within a subdivision that has dedicated rights -of -way and determined acceptable access, subject to the listed conditions. 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 commercial development, including parking. 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, THERFFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Black Gold Estates 2026 Vacation 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, The Kenai City Council must declare the 60-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3. A plat note added to the final plat to prohibit access from Windflower Drive to avoid double frontage, in accordance with KMC 14.10.070(e)(2)_ PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 25TH DAY OF MARCH, 2026- ATTEST: Lag rt Park , Deputy City Clerk J a Keaton, Chair EI -36 KENAI City of G,,ai 1 21p Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www1enai.city SENT VIA ELECTRONIC EMAIL March 26, 2026 McClane Consulting PO Box 468 Soldotna, AK 99669 ahamilton@mclaneeg.com RE: Notice of decision — Resolution PZ2026-07 - Preliminary Plat — Black Gold Estates 2026 Vacation Mr. Hamilton, On Wednesday, March 25, 2026, the City of Kenai Planning and Zoning Commission conditionally approved Resolution PZ2026-07 for Preliminary Plat — Black Gold Estates 2026 Vacation. Enclosed is a copy of the signed resolution. If you have any questions, please contact Planning & Zoning Department at 901-283-8237 or P la n n i n p(5kenai. city. Sincerely, &AM �L Jessica See Planning Technician Enclosure Notice of Decision Resolution PZ2026-07 CC: Beverly Carpenter, KPB Planning Department (bcarpenterQkpb.us) E l -37