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HomeMy WebLinkAboutResolution No. PZ2026-16CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2026-16 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE THE REZONE FROM CONSERVATION (C) TO RURAL RESIDENTIAL (RR) ZONING DISTRICT FOR THE FOLLOWING PROPERTIES AND AS DEPICTED ON THE ATTACHED BOUNDARY MAP. Parcel No. Address Lot Size Le -gal Description T 6N R 11W SEC 33 SEWARD 04501057 10060 Kenai Spur Hwy. 81.0 acres MERIDIAN KN W1/2 LYING N OF KENAI SPUR HWY & E OF MARATHON RD EXCL ALL BARON PARK SUBS & KENAI INDUSTRIAL PARK SUB WHEREAS, the property located at 10060 Kenai Spur Highway and known as Kenai Peninsula Borough Parcel number 04501057, as described above, is currently zoned as Conservation (C); and, WHEREAS, Kenai Municipal Code (KMC) 14.20.070 intends the Conservation Zone to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones; and, WHEREAS, the City of Kenai applied to the Federal Aviation Administration (FAA) Alaska Region for a deed of release to remove FAA restrictions on an 81-acre parcel located east of the airport; and, WHEREAS, the Deed of Release was approved by the FAA removing the aforementioned restrictions and was recorded on September 15, 2025; and, WHEREAS, the City recognizes that upland portions of the larger parcel may be desirable for new residential development near existing subdivisions; and, WHEREAS, the metes and bounds description of the portion of KPB 04501057 is as follows: Commencing at the center % corner of Section 33, Township 6 North, Range 11 West, Seward Meridian as shown on Plat K-1447, Kenai Recording District, thence S0005'00"E 660 feet to point No. 1, the TRUE POINT OF BEGINNING; thence S89055'00"W 410 feet to point No. 2; thence Resolution No. PZ2026-16 Page 2 of 3 N0005'00"W 1,980 feet to point No. 3; thence N89°55'00"E 410 Feet to point No. 4; thence SO°05'00"E 1,980 feet more or less to point No. 1, the TRUE POINT OF BEGINNING, containing approximately 18.636 acres. WHEREAS, the City of Kenai is initiating an amendment to the Kenai Official Zoning Map through the Kenai Planning & Zoning Commission in accordance with KMC Section 14.20.270(b)(1)(B) - Amendmenf procedures; and, WHEREAS, the area proposed to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way); and, WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous nine (9) months; and, WHEREAS, a map has been included of the proposed rezone area; and, WHEREAS, at their regularly scheduled meeting held on February 25, 2026, the City of Kenai Planning and Zoning Commission recommended approval of the rezone, but recommended the property to be rezoned to Rural Residential 1 (RR1) instead of Suburban Residential as proposed by Administration; and, WHEREAS, at their regularly scheduled meeting held on March 18, 2026, the City Council referred Ordinance 3510-2026 to the Planning & Zoning Commission; and, WHEREAS, at their regularly scheduled meeting held on April 1, 2026, the City Council referred Ordinance 3510-2026 Substitute to the Planning & Zoning Commission; and, WHEREAS, the City of Kenai Planning and Zoning Department conducted a duly advertised public hearing, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds 1. The current zoning district, Conservation (C) is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. The existing Conservation zone is not the preferred land use for this area as there are no longer FAA restrictions on the property and upland portions of the parcel may be desirable for new residential development. 2. The rezone to Rural Residential Zone would allow for low- to medium -density residential development adjacent to existing residential neighborhoods within walking, biking, or short driving distance to commercial services. City utilities are located at the southeast corner of the parcel, which would allow for denser development. 3. The existing land use classification states that the area is to be Parks, Recreation, and Open Space. A majority of the parcel will remain as open space, as it lies within a large drainage area and is not suited for development. Approximately 10-15 acres of the parcel, mostly on the eastern edge has upland portions that would be suitable for residential development, but the 81-acre parcel would require subdivision prior to development. Resolution No. PZ2026-16 Page 3 of 3 4. The proposed rezone to RR would align with the current low to medium density residential character of the adjoining neighborhood. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council approve the rezone request for a portion of the property located at 10060 Kenai Spur Highway from Conservation (C) to Rural Residential (RR) zoning district. Section 2. That the Commission will forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 27T" DAY OF MAY, 2026. nne Keaton, KENAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.283.75351 wwwkenaixity MEMORANDUM TO: Chair Keaton and Planning & Zoning Commissioners FROM: Kevin Buettner, Planning Director DATE: May 21, 2026 SUBJECT: PZ2026-16 — Reason for New Public Hearing On April 29, 2026, the Planning & Zoning Commission held a public hearing on Resolution PZ2026-08 regarding a potential rezone of a portion of Kenai Peninsula Borough Parcel 04501057 from Conservation to Suburban Residential. During the course of this hearing the Administrative Liaison, Planning Director Buettner provided language for a motion to adjourn into adjudicative session. This action was in error, and led to an Open Meetings law infraction. When hearing PZ2026-08, the Planning & Zoning Commission was acting in an advisory capacity, as the resolution was to provide a recommendation to Kenai City Council. Adjudicative sessions are only allowed when the Commission is acting in a quasi-judicial capacity. The Commission acts in this capacity when deciding on a Conditional Use Permit, for example. To cure this infraction, the Commission must hold a public hearing and allow for any and all deliberations to be within the public view. Any action taken on this new resolution will be provided to the City Council for their consideration. Thank you for your consideration.