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Home My WebLink About2026-07-29 Planning & Zoning PacketKenai Planning & Zoning Commission - Regular Meeting Page 1 of 2 July 29, 2026 Kenai Planning & Zoning Commission - Regular Meeting July 29, 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 June 24, 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 1. Resolution PZ2026-20 – Recommending Approval of a Rezone of Parcels 04923002, 04923003, and 04923004, with the Physical Addresses of 5940 & 5968 Kenai Spur Highway and 220 N Fern Street, from Limited Commercial to Rural Residential 2. Resolution PZ2026-21 – Granting a Conditional Use Permit for the Operation of a Six (6) Space Recreational Vehicle Park 3. Resolution PZ2026-22 – Granting a Conditional Use Permit for Surface Extraction of Natural Resources on KPB Parcel 04901069 4. Resolution PZ2026-23 – Granting a Conditional Use Permit for Surface Extraction of Natural Resources on KPB Parcel 04901070 5. Resolution PZ2026-24 – Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04901069 within the Setback Page 1 Kenai Planning & Zoning Commission - Regular Meeting Page 2 of 2 July 29, 2026 6. Resolution PZ2026-25 – Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04901070 within the Setback 7. Resolution PZ2026-26 – Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04911029 within the Setback G. UNFINISHED BUSINESS H. NEW BUSINESS 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: August 12, 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/XhGI6LgvQjek8wtkjKgHBQ Page 2 KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING JUNE 24, 2026 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR KEATON, PRESIDING Planning & Zoning Commission Page 1 of 4 June 24, 2026 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 24, 2026, in City Hall 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: Jeanne Keaton, Chair Sonja Earsley Gwen Woodard Stacie Krause Diane Fikes Marty Askin A quorum was present. Absent: Alex Douthit, Vice Chair Also in attendance were: Kevin Buettner, Planning Director Phil Daniel, City Council Liaison Logan Parks, Deputy City Clerk 3. Agenda and Consent Agenda Approval Chair Keaton noted the following additions to the Packet: Add to Item F.1. Postponement Memo - Administration Public Comment • Brad Brown • KPB River Center MOTION: Commissioner Fikes MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Earsley SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Keaton opened the floor for public comment on 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 objection; 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 Page 3 Planning & Zoning Commission Page 2 of 4 June 24, 2026 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 June 10, 2026. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Brad Brown addressed the Commission, noting concerns with the effectiveness of the City’s public hearing notification process and encouraged consideration of improved methods to better notify affected property owners. There was discussion from Commissioners regarding public hearing notification procedures and reports of nearby property owners not receiving mailed notices. Clarification was provided regarding publication and mailing requirements; the use of Kenai Peninsula Borough parcel records to identify notified property owners; and efforts to improve online notifications. David Brighton addressed the Commission, noting concerns regarding the timing of mailed public hearing notifications and encouraged the City to provide earlier and more direct notice to affected residents. MOTION: Commissioner Earsley MOVED to excuse Commissioner Askin’s June 10, 2026 absence. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS 1. Resolution PZ2026-19 - Granting a Conditional Use Permit for the Development and Use of Zero Lot Line Townhouses and a Six Family Dwelling in the Rural Residential Zoning District. MOTION: Commissioner Fikes MOVED to approve Resolution PZ2026-19. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the memo as included in the laydown packet that indicated the applicant had withdrawn their project from consideration and the Administration was requesting the item to be postponed indefinitely. Chair Keaton opened the floor for public comment. Mark Hall spoke in opposition to Resolution PZ2026-19 noting concerns regarding neighborhood compatibility; increased traffic; and impacts to the surrounding residential area. Brad Brown spoke in opposition to Resolution PZ2026-19 noting concerns that the proposed development did not meet applicable City Code requirements related to residential density and should not have advanced through the review process; and spoke in support of efforts to revise City Code to improve clarity and consistency; and stated the proposed development was incompatible with the surrounding neighborhood. Clarification was provided that the proposed development would have required revision had the application not been pulled; and there was discussion regarding the significance of accurate staff reports; Page 4 Planning & Zoning Commission Page 3 of 4 June 24, 2026 the value of public participation in the review process; opportunities to improve future reviews; and notification procedures. Scott Stanford spoke in opposition to Resolution PZ2026-19 noting concerns that residents had to identify issues with the application and commented that the timing of public notification limited opportunities for public participation. Phil Draheim spoke in opposition to Resolution PZ2026-19 noting that the proposed development would significantly increase neighborhood traffic and questioned the accuracy of the traffic analysis. David Brighton spoke in opposition to Resolution PZ2026-19 requesting that the application be denied rather than withdrawn, citing concerns that it could otherwise be resubmitted or reconsidered; and encouraged the Commission to consistently apply City Code during the review process to protect the character of the neighborhood. Clarification was provided that postponing an application indefinitely would not allow it to return in its current form; the applicant had withdrawn the offer to purchase the property; therefore, the proposed project would not move forward at that location. There being no one else wishing to be heard, the public comment period was closed. MOTION: Commissioner Fikes MOVED to postpone Resolution PZ2026-19 indefinitely. Commissioner Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. Discussion/Approval - Establishing Work Session Schedule for Fall 2026 Work Sessions were scheduled for September 23, 2026 and September 30, 2026 at 6:15 p.m. I. REPORTS 1. Planning Director Planning Director Buettner reported on the following: • Reviewed code enforcement activity, including reporting procedures, seasonal increases in complaints, progress under the updated enforcement process, and continued use of fines and legal action when necessary to achieve compliance. • Announced appointment as Vice President of the State Planning Board and shared that a statewide planning conference will be held in conjunction with the Alaska Municipal League conference, with budgeted funding available to support Commissioner attendance. 2. Commission Chair Chair Keaton shared appreciation for staff’s collaborative approach to working with the public and noted the Commission’s continued growth and effectiveness in addressing Planning & Zoning issues. 3. Kenai Peninsula Borough Planning Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. Page 5 Planning & Zoning Commission Page 4 of 4 June 24, 2026 4. City Council Liaison Council Member Daniel reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENTS David Brighton thanked the Commission and staff for their work and service to the community. Jen Brighton thanked the Commission for its consideration of the neighborhood; emphasized the importance of preserving its residential character and long-term community; and clarified the street receives City snow removal services and that private residential trash services are available within the neighborhood. Brad Brown thanked the Planning Department for their assistance throughout the application review process. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: July 15, 2026 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Askin stated appreciation for the public’s participation. Commissioner Earsley thanked Kenai residents for attending the meeting and sharing their perspectives; and the audience’s acknowledgment of the staff and Commission’s efforts. Commissioner Woodard agreed with Commissioners Askin and Earsley. Commissioner Krause thanked the public for their participation and encouraged residents to remain engaged in future Planning and Zoning Commission meetings. Commissioner Fikes appreciated the strong public participation and emphasized the value of resident testimony in the decision-making process. Chair Keaton thanked the public for their patience and participation, noting the Commission relies on public input and encouraged residents to remain engaged in future planning matters. M. PENDING ITEMS - None. N. ADJOURNMENT O. INFORMATIONAL ITEMS - None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 8:00 p.m. I certify the above represents accurate minutes of the Kenai Planning & Zoning Commission meeting of June 24, 2026. ___________________________________ Logan Parks, Deputy City Clerk Page 6 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ2026-20 A RESOLUTION RECOMMENDING THE KENAI CITY COUNCIL APPROVE A REZONE OF PARCELS 04923002, 04923003, AND 04923004, WITH THE PHYSICAL ADDRESSES OF 5940 & 5968 KENAI SPUR HIGHWAY AND 220 N FERN STREET, FROM LIMITED COMMERCIAL (LC) TO RURAL RESIDENTIAL (RR). WHEREAS, the City of Kenai received a rezone application from the majority of property owners in accordance with Kenai Municipal Code (KMC) Section 14.20.270 Amendment procedures; and, WHEREAS, amendments to the Official Zoning Map may be initiated by a majority of the property owners in the area to be rezoned, in accordance with Kenai Municipal Code (KMC) 14.20.270(b)(1)(A) Amendment 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, 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; and, WHEREAS, the Planning and Zoning Commission finds: 1. The current zoning district, Limited Commercial (LC) is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. While there are other businesses to the south and east of this location, the current development on these three parcels is, or is returning to, single family dwellings. 2. The rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with the Land Use Plan and addresses Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. 3. The rezone to a Rural Residential (RR) zone would increase the adjacent RR zone and is consistent with the current development of the lots. Page 7 Resolution No. PZ2026-20 Page 2 of 2 NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council amend the Official Zoning Map as follows: Parcel # Physical Address Lot Size (acres) Legal Description Zoning 04923002 220 N. Fern Street 0.78 Lot 25, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR 04923003 6575 Kenai Spur Highway 0.44 Lot 26, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR 04923004 6575 Kenai Spur Highway 0.44 Lot 27, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR 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 29TH DAY OF JULY, 2026. Jeanne Keaton, Chair ATTEST: Logan Parks, Deputy City Clerk Page 8 TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director DATE: July 9, 2026 SUBJECT: Resolution PZ2026-20 – Rezone of Parcels 04923002, 04923003, and 04923004 from Limited Commercial to Rural Residential Request The applicant is requesting a rezone of parcels 04923002, 04923003, and 04923004, located at 5940 & 5968 Kenai Spur Highway and 220 N. Fern St. from Limited Commercial (LC) to Rural Residential (RR). Staff Recommendation Adopt Resolution PZ2026-20 recommending approval of a rezone of parcels 04923002, 04923003, and 04923004, located at 5940 & 5968 Kenai Spur Highway and 220 N. Fern St. from Limited Commercial (LC) to Rural Residential (RR). Applicant: Steve Holten 5968 Kenai Spur Highway Kenai, AK 99611 Parcel # Physical Address Lot Size Legal Description Zoning 04923002 220 N. Fern Street 0.78 Lot 25, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR 04923003 6575 Kenai Spur Highway 0.44 Lot 26, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR 04923004 6575 Kenai Spur Highway 0.44 Lot 27, Block 1, Valhalla Heights Subdivision Part 2 [LC] RR SUMMARY The purpose of the rezone is to align the zoning with the current development patterns in the area. The three parcels, shown above, are all single-family dwellings, or in the process of reverting to a single-family dwelling. All three are adjacent to a newly developing residential subdivision to the northeast. There will be no non-conforming uses created by the completion of this rezone, it will simply enlarge the adjacent zoning district. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. Page 9 Page 2 of 3  LU-3: Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by a majority of the property owners in the area to be rezoned. Furthermore, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. Two of the property owners supported the rezone; therefore, meeting the initiation of a rezone application and the area to be rezoned exceeds the required minimum size of one acre. Existing and Proposed Zoning The current zoning district, Limited Commercial (LC) is intended to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. While there are other businesses to the south and east of this location, the current development on these three parcels is, or is returning to, single family dwellings. The rezone to a Rural Residential (RR) zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. This rezone would increase the adjacent RR zone and is consistent with the current development of the lots. Comprehensive Plan – Land Use Classification The existing land use classification is Mixed Use and the intent as outlined in Imagine Kenai 2030 Comprehensive Plan states the following: Mixed use enables a range of land uses that include a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are to be co-located in an integrated way with careful site layout, building design, and landscaping so that the integrity of adjacent land uses is maintained and neighborhood amenities are increased. Compatibility issues are addressed through careful site layout and building design. Findings: The existing land use classification states that a compatible mix of residential and commercial uses would be allowable. It is anticipated that the current and future development will be compatible with the zoning code with the surrounding residential uses to the north and east and the limited commercial along the Kenai Spur highway to the south. Staff finds that the proposed rezone is consistent with the land use classification as designated by the Comprehensive Plan and Kenai Municipal Code. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. Page 10 Page 3 of 3 City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. No public comments have been received as-of-date. STAFF RECOMMENDATION Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning Commission recommend approval of a rezone of parcels 04923002, 04923003, and 04923004, located at 5940 & 5968 Kenai Spur Highway and 220 N. Fern St. from Limited Commercial (LC) to Rural Residential (RR). ATTACHMENTS Aerial Map Application Zoning Map Page 11 Page 12 Caution: This is an external email and has a suspicious subject or content. Please take care when clicking links or opening attachments. When in doubt, contact your IT Department From:Roxana Hawkins To:Planning Department Subject:Petition request Date:Monday, July 13, 2026 3:27:48 PM My name is Roxana Hawkins And I am the owner of the 5940 kenai spur hwy residence. The reason of this email is to Vote in favor Of rezoning my residence era from limit Comercial to rural residential. Thank you. Page 13 Rezone - Aerial Map Legend Transportation Mileposts Roads Private Road Proposed State Highway Town Low/Seasonal Town Major Collector Town Medium Volume-Maintained Town Medium Volume- Unmaintained Trail Parcels and PLSS Tax Parcels 0 300 600 ft NOTE: Every reasonable effort has been made to ensure the accuracy of these data. However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data. The data are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 7/9/2026 2:42:37 PM Page 14 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-21 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A SIX (6) SPACE RECREATIONAL VEHICLE PARK. APPLICANT: Kenai Elks Lodge #2425 PROPERTY ADDRESS: 205 Barnacle Way LEGAL DESCRIPTION: Lot 1A, Block 3, Fidalgo Commercial Center Elks replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04331037 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on July 3, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The CMU land use classification is defined in KMC 14.20.125 as: Established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. Staff finds that the proposed use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. A small RV park centrally located in town would help promote tourism within the City. The lot is easily accessible by foot or vehicle traffic and located near shops, downtown, and recreational activities making it an ideal spot for travelers. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The adjacent parcels in the neighborhood consist of a mixture of commercial businesses, having a recreational vehicle park centrally located among them would be Page 15 Resolution No. PZ2026-21 Page 2 of 4 beneficial to both surrounding property owners and clients utilizing the park. Guests would be conveniently located within walking distance of entertainment, dining, and local shops increasing profits to local businesses. Staff finds that both the economic and noneconomic value of adjacent properties would not be negatively impacted by the proposed business. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Institutional (ITL) land use classification. The ITL Land Use Classification is defined in the Comprehensive Plan as: Intended to provide an area in which government and tax-exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi-public uses including government offices and facilities, schools, churches, and other community-service oriented facilities. The property is owned and operated by the Kenai Elks #2425, a non-profit organization. The proposed use aligns with the goals set forth in the Comprehensive Plan by allowing the opportunity for a non-profit entity to offer an affordable, necessary service that will benefit a mixture of members of the Elks Lodge, visitors to the area, and local businesses. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding issues. Objective LU-2 Promote the infill of existing, improved subdivision lots. Objective LU-10 Encourage creative subdivision design for residential areas. 4. KMC 14.20.150(d)(4) Public services & facilities are adequate to serve the proposed use; Findings: The lot is currently serviced by City water and sewer. The park has been established on the lot for years and has functioned as such without any issues or complaints. The lot is accessible by a paved City maintained road. Staff finds that the public services and facilities that have been utilized over the years of operation to be adequate to serve the proposed use. Page 16 Resolution No. PZ2026-21 Page 3 of 4 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The applicant states that dumping is not allowed on site and all guests must utilize an authorized dump area. Trash services are not provided on site, but applicants are informed of the rules and regulations regarding containing and property disposing of any and all trash during their stay. Staff does not find that the proposed use will be, or has been, harmful in any way to public safety, health, or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Recreational vehicle parks are subject to the following standards per KMC 14.20.245: Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreation vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises, and maintain a clean and orderly appearance free from refuse. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted for the operation of a six (6) space recreational vehicle park on the property described as Lot 1A, Block 3, Fidalgo Commercial Center Elks Replat. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 4. Pursuant to 14.20.160 all areas not devoted to buildings, drives, walks, parking areas or other authorized installations will be covered with lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. 5. Property will maintain a clean and orderly appearance free from refuse. 6. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. Page 17 Resolution No. PZ2026-21 Page 4 of 4 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026 Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 18 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 1, 2026 SUBJECT: Resolution PZ2026-21 – Conditional Use Permit – RV Park Request The Applicant is Requesting a Conditional Use Permit to Operate a Recreational Vehicle Park Staff Recommendation Adopt Resolution PZ2026-21 Approving a Conditional Use Permit for the Operation of a Recreational Vehicle Park. Property Owner: Kenai Elks Lodge #2425 Legal Description: Lot 1A, Block 3, Fidalgo Commercial Center Elks Replat Property Address: 205 Barnacle Way KPB Parcel No.: 04331037 Lot Size: 1.06-Acre (Approximately 46,174 square feet) Zoning: Central Mixed Use (CMU) Current Use: Commercial Land Use Plan: Institutional SUMMARY The applicant is requesting to operate a 6-space recreational vehicle park with water and electricity hookups on the existing 1.06-acre lot. Pursuant to the Land Use Table in KMC 14.22.010 a Conditional Use Permit (CUP) is required to operate a recreational vehicle park in the Central Mixed Use Zone. Page 19 Resolution No. PZ2026-21 Conditional Use Permit Recreational Vehicle Park Page 2 of 4 ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The CMU Zone is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. Staff finds that the proposed use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. A small RV park centrally located in town would help promote tourism within the City. The lot is easily accessible by foot or vehicle traffic and located near shops, downtown, and recreational activities making it an ideal spot for travelers. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Finding: The adjacent parcels in the neighborhood consist of a mixture of commercial businesses, having a recreational vehicle park centrally located among them would be beneficial to both surrounding property owners and clients utilizing the park. Guests would be conveniently located within walking distance of entertainment, dining, and local shops increasing profits to local businesses. Staff finds that both the economic and noneconomic value of adjacent properties would not be negatively impacted by the proposed business. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Institutional (ITL) land use classification. The ITL Land Use Classification is defined in the Comprehensive Plan as: Intended to provide an area in which government and tax-exempt institutions can offer social and cultural amenities to the citizens of the community. The primary use is public, non-profit, and quasi-public uses including government offices and facilities, schools, churches, and other community-service oriented facilities. The property is owned and operated by the Kenai Elks #2425, a non-profit organization. The proposed use aligns with the goals set forth in the Comprehensive Plan by allowing the opportunity for a non-profit entity to offer an affordable, necessary service that will benefit a mixture of members of the Elks Lodge, visitors to the area, and local businesses. Page 20 Resolution No. PZ2026-21 Conditional Use Permit Recreational Vehicle Park Page 3 of 4 RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai. Objective Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Objective Q-9 Encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities. Goal 2 – Economic Development: provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events. Goal 3 – Develop land use strategies to implement a forward-looking approach to community growth and development Objective LU-2 Promote the infill of existing, improved subdivision lots Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: The lot is currently serviced by City water and sewer. The park has been established on the lot for years and has functioned as such without any issues or complaints. The lot is accessible by a paved City maintained road. Staff finds that the public services and facilities that have been utilized over the years of operation to be adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: The applicant states that dumping is not allowed on site and all guests must utilize an authorized dump area. Trash services are not provided on site, but applicants are informed of the rules and regulations regarding containing and property disposing of any and all trash during their stay. Staff does not find that the proposed use will be, or has been, harmful in any way to public safety, health, or welfare. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Conditional Use Permits are subject to the following standards per KMC 14.20.245: Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreation vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises, and maintain a clean and orderly appearance free from refuse. Page 21 Resolution No. PZ2026-21 Conditional Use Permit Recreational Vehicle Park Page 4 of 4 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. One public comment has been received at the time of this report and is included in this packet. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for the use of a 6-space recreational vehicle park on the property described as Lot 1A, Block 3, Fidalgo Commercial Center Elks replat, meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-21 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 4. Pursuant to 14.20.160 all areas not devoted to buildings, drives, walks, parking areas or other authorized installations will be covered with lawn, grass, natural or ornamental shrubbery or trees, or other suitable materials approved by the Commission. 5. Property will maintain a clean and orderly appearance free from refuse. 6. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. ATTACHMENTS Aerial Map Application Site Plan Page 22 Page 23 Page 24 Site Plan The fence line that runs West to East to the right of the lodge is tall enough to provide privacy and adequate divide between the Elks lot and the City Recreation Center lot to the South. The fence line also houses the utilities (electric and water) to each space. There is adequate parking on site for a motorhome, trailer, and/or accompanying vehicle. Page 25 Page 26 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-22 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXTRACTION OF NATURAL RESOURCES. APPLICANT: Colaska, Inc., dba QAP PROPERTY ADDRESS: No Physical Address LEGAL DESCRIPTION: Lot 2, Beaver Loop Acres Addition No. 3 Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04901069 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 5, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code (KMC) 14.20.150; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to KMC 14.20.151 through KMC 14.20.158; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements of this chapter. a. Findings: This application is in substantial compliance with the requirements of this chapter. The applicant has demonstrated the proposed use meets the requirements for boundaries, assuming the variance permit is granted, back slopes, public safety, and the need for gravel within the City. 2. KMC 14.20.154(a)(2) The boundaries of the proposed excavation at its greatest dimensions, including backslopes, are at least two hundred feet (200’) from any road or public right-of-way and at least one hundred fifty feet (150’) from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites is not required to maintain the above one hundred fifty feet (150’) excavation between sites. a. Findings: The applicant has provided two versions of the boundaries for staff to review. The initial set delineates the 200-foot setback from all roads and public rights-of-way and a minimum of 150 feet from other surrounding property lines, except for the adjoining Lot 3, which is also being heard for a CUP at this meeting through Resolution PZ 2026-23. The applicant also showed alternatives, based on Page 27 Resolution No. PZ2026-22 Page 2 of 6 a variance for a full project at this location. Those boundaries depend upon the variance permit application submitted in conjunction with the conditional use permit being granted. If granted, there will be a fifty-foot (50’) setback to public right of way, fifty-foot (50’) setback to adjacent property lines, zero-foot (0’) setback to adjoining property line, Lot 3 Beaver Loop Acres Addition Number 3, and excavation in the water table. The excavation slopes will be one (1) vertical to one (1) horizontal, as shown on page C5 of the submitted site plan. 3. KMC 14.20.154(a)(3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; a. Findings: The proposed extraction site is north of an adjacent gravel pit and is not visible from Beaver Loop Road, additionally, there is a tree line creating a natural barrier to the south of both pits. There are no inhabited areas in the nearby vicinity to warrant the necessity of additional or artificial screening to be required. Properties located north of the proposed gravel pits (near the Kenai Golf Course) are over 30 feet higher in elevation and it is not feasible to add additional screening. 4. KMC 14.20.154(a)(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain, and high-hazard coastal areas; a. Findings: City staff has confirmed the subject parcel is outside of the regulatory flood plain and is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high hazard coastal areas. The current classification for the project location, as designated by FEMA’s latest floodplain maps dated February 28, 2025, is X-U, which is “Undefined”. The City of Kenai’s Floodplain Administrator has reviewed the application and has no comments. 5. KMC 14.20.155(a)(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; a. Findings: Site plans submitted by the applicant show that reclamation will be a continuous process including sloping the sides of the excavation 2:1 or flatter along buffer zones and inactive work areas, a four inch (4”) minimum of topsoil mix, organic clearing debris, and seeding as necessary to contain erosion. 6. KMC 14.20.154(a)(6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; a. Findings: Applicant states that it is anticipated that much of the gravel extraction will occur below the water table. The final configuration of the site will be similar to most gravel pits in the area with ponds forming in areas worked below the water table and haul routes adapting as the site is further developed. The final development plan envisions a lake on site and the reclamation of shorelines. This will include grass or other vegetation and constructing locations for houses or RV parking spots around the ponded area. 7. KMC 14.20.154(a)(7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; a. Findings: Applicant states that casual access is not anticipated as the proposed site is rural and surrounded by large tracts of wetlands to the north, and other Page 28 Resolution No. PZ2026-22 Page 3 of 6 material sites to the east, west, and south. The applicant plans to construct berms as ponds are created during operations to prevent vehicles, equipment, people, or animals from going into the water. Staff does not anticipate that the site will present any danger to public safety. 8. KMC 14.20.154(a)(8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; a. Findings: The proposed extraction site will be operated on a continuing basis for approximately four (4) years and then on an as-needed basis until the site is exhausted; Applicant estimates this time frame to be fifteen (15) years in total. With the majority of the gravel being located below the water table, the final development would be to reclaim the shorelines of the ponds, establish grass or other vegetation, and construct locations for houses or RV parking sites around the ponded areas. Site reclamation will include grading and re-contouring backslopes using overburden and topsoil to a condition that allows for re- establishment of natural vegetation and seeding. The parcel does not currently have any existing structures and there are no plans for any permanent structures to be added. Anything that is stored will be temporary and moveable. Staff finds this adequately addresses a feasible and realistic use of the land once extractions of natural resources on the site cease. 9. KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which it is zoned; a. Findings: City staff have discussed the importance of ensuring a clean water supply in the City and the applicant will take measures to monitor water levels and be mindful of what is allowed near water and sensitive areas of the landscape. Applicant notes equipment and construction debris will not be disposed of in surface water. The applicant also plans to seed slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect the landscape. As stated in the previous criteria, no permanent structures are planned to be erected which will leave the parcel vacant and ready for future development. An example of successful reclamation can be found in the Lake at Kenai subdivision east of this project along Beaver Loop Road. 10. KMC 14.20.154(a)(10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; a. Findings: The majority of the parcels surrounding the subject lot are also utilized as material extraction sites and there are no residential properties in the immediate area. The City, and residents of, will benefit from an additional local gravel source from this location. 11. KMC 14.20.154(a)(11) The applicant is the owner of the subject property. a. Findings: The proposed parcel was recently conditionally sold by the City of Kenai in the 2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning on behalf of the owner of the subject property to satisfy a condition of sale. 12. KMC 14.20.154(a)(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete. Page 29 Resolution No. PZ2026-22 Page 4 of 6 a. Findings: The submitted site plan adequately and clearly shows the proposed clearing limits. Prior to application being deemed complete City Staff will meet with the applicant at the site to ensure that proposed clearing will align with those submitted on the site plan. 13. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; a. Findings: The Rural Residential (RR) Zone land use classification is defined in KMC 14.20.080 as: Low density residential development in an attractive residential environment, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominately residential area, and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. Surface extraction is a conditionally permitted use and can be consistent with the intent of the residential zone, especially when the reclaimed property is developed to allow for future residential uses. The proposed extraction is adjacent to existing permitted gravel pits and vacant lots. It would not change the character of the neighborhood. This use is consistent with the current development and once reclaimed, will mee the purpose and intent of the RR Zone. 14. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; a. Findings: Adjacent property to the north is undeveloped wetlands owned by the City of Kenai and Alaska DNR. Adjoining properties to the east, west, and south are all material sites. Staff does not find that the value of adjoining properties or neighborhood will be significantly impaired as it aligns with the current uses of the immediate area and existing haul routes off Lot 2 will meet up and follow existing routes. 15. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject property as “Parks, Recreation, & Open Space” defined as intended for: Public recreational facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category. The location of the pit minimizes the potential for conflict with neighbors as it fits with the pattern of land use along the north side of Beaver Loop Road. Therefore, staff finds the proposed use would be consistent with the intended purpose of the Comprehensive Plan. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-1 Page 30 Resolution No. PZ2026-22 Page 5 of 6 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-11 Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. 16. KMC 14.20.150(d)(4) Public services & facilities are adequate to serve the proposed use; Findings Colaska owns 60 acres immediately east and southeast of the subject lot. These parcels will be utilized to access the proposed material site from Beaver Loop Road. This does not increase the amount of potential conflict points along Beaver Loop Road and effectively consolidates the additional traffic flow to one shared access point. Additionally, the applicant will have sufficient sanitation facilities located on site. City Staff finds that the proposed services and facilities are adequate to serve the proposed use. 17. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: Casual access to the property is not anticipated as it is surrounded by large parcels of similar use and is not situated near any amenities such as fishing, parks, or recreation. The applicant notes that adequate adjacent existing barriers and screening will be utilized. The extraction site will not be a safety concern or visual impairment. The applicant has shown plans for reclamation and will be mindful about materials stored near any water sources. 18. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Conditions are listed in Section 2 of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit for the surface extraction of natural resources on the property described as Lot 2, Beaver Loop Acres Addition No. 3 Subdivision. Page 31 Resolution No. PZ2026-22 Page 6 of 6 Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are li sted as conditions for the approval of the Conditional Use Permit. 2. The applicant will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape. 3. The applicant will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table. 4. The applicant will limit noise disturbance and not use compression release engine brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized on an as-needed, project specific basis and not ongoing. 5. The applicant will meet with City staff for on-site inspections when requested. 6. If there is an expansion or change of use for the subject property, a new Con ditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 7. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026 Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 32 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution PZ2026-22 – Conditional Use Permit – Extraction of Natural Resources Request The Applicant is Requesting a Conditional Use Permit for the Extraction of Natural Resources Staff Recommendation Adopt Resolution PZ2026-22 Granting a Conditional Use Permit for the Extraction of Natural Resources Property Owner: City of Kenai Petitioner Representative Nick Staller Legal Description: Lot 2, Beaver Loop Acres Addition No. 3 Subdivision Property Address: No Physical Address KPB Parcel No.: 04901069 Lot Size: 28.45 Zoning: Rural Residential Current Use: Vacant / Undeveloped Land Use Plan: Parks, Recreation, and Open Space SUMMARY The applicant has applied for a conditional use permit, and a variance permit for the construction and operation of a gravel pit, and extraction within the setback, for the proposed Surface Extraction of Natural Resources pursuant to KMC 14.20.151 – KMC 14.20.158. The proposed Page 33 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 2 of 7 extraction site will be owned and operated by Colaska Inc, dba QAP. In addition to the subject lot, Colaska also owns Lot 3 to the east and the 60 acres immediately east and southeast of Lot 3. Those parcels will be utilized to access the proposed material site from Beaver Loop Road. The applicant is requesting that the CUP allow for excavation below the water table, stating it is a common practice in the area and there is active excavation below groundwater at adjacent material sites. In conjunction with the conditional use permit, the applicant is requesting a variance to KMC 14.20.154 regarding buffers to the public rights-of-way and property lines due to the use of adjacent properties as material sites. The variance requested is a 50-foot buffer to the north, south, and west and a 0-foot buffer on the adjoining property line of Lot 2 and Lot 3. These variances will be heard later in this meeting as separate resolutions. ANALYSIS Criteria for the issuance of a conditional use permit for surface extraction of natural resources are outlined in KMC 14.20.154 – Issuance of a Permit for Surface Extraction of Natural Resources. KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements of this chapter. Criteria Met: This application is in substantial compliance with the requirements of this chapter. The applicant has demonstrated the proposed use meets the requirements for boundaries, assuming the variance permit is granted, back slopes, public safety, and the need for gravel within the City. KMC 14.20.154(a)(2) The boundaries of the proposed excavation at its greatest dimensions, including backslopes, are at least two hundred feet (200’) from any road or public right-of-way and at least one hundred fifty feet (150’) from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites is not required to maintain the above one hundred fifty feet (150’) excavation between sites. Criteria Met: The applicant has provided two versions of the boundaries for staff to review. The initial set delineates the 200-foot setback from all roads and public rights-of-way and a minimum of 150 feet from other surrounding property lines, except for the adjoining Lot 3, which is also being heard for a CUP at this meeting through Resolution PZ 2026-23. The applicant also showed alternatives, based on a variance for a full project at this location. Those boundaries depend upon the variance permit application submitted in conjunction with the conditional use permit being granted. If granted, there will be a fifty-foot (50’) setback to public right of way, fifty- foot (50’) setback to adjacent property lines, zero-foot (0’) setback to adjoining property line, Lot 3 Beaver Loop Acres Addition Number 3, and excavation in the water table. The excavation slopes will be one (1) vertical to one (1) horizontal, as shown on page C5 of the submitted site plan. KMC 14.20.154(a)(3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; Criteria Met: The proposed extraction site is north of an adjacent gravel pit and is not visible from Beaver Loop Road, additionally, there is a tree line creating a natural barrier to the south Page 34 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 3 of 7 of both pits. There are no inhabited areas in the nearby vicinity to warrant the necessity of additional or artificial screening to be required. Properties located north of the proposed gravel pits (near the Kenai Golf Course) are over 30 feet higher in elevation and it is not feasible to add additional screening. KMC 14.20.154(a)(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain, and high-hazard coastal areas; Criteria Met: City staff has confirmed the subject parcel is outside of the regulatory flood plain and is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high hazard coastal areas. The current classification for the project location, as designated by FEMA’s latest floodplain maps dated February 28, 2025, is X-U, which is “Undefined”. The City of Kenai’s Floodplain Administrator has reviewed the application and has no comments. KMC 14.20.155(a)(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; Criteria Met: Site plans submitted by the applicant show that reclamation will be a continuous process including sloping the sides of the excavation 2:1 or flatter along buffer zones and inactive work areas, a four inch (4”) minimum of topsoil mix, organic clearing debris, and seeding as necessary to contain erosion. KMC 14.20.154(a)(6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; Criteria Met: Applicant states that it is anticipated that much of the gravel extraction will occur below the water table. The final configuration of the site will be similar to most gravel pits in the area with ponds forming in areas worked below the water table and haul routes adapting as the site is further developed. The final development plan envisions a lake on site and the reclamation of shorelines. This will include grass or other vegetation and constructing locations for houses or RV parking spots around the ponded area. KMC 14.20.154(a)(7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; Criteria Met: Applicant states that casual access is not anticipated as the proposed site is rural and surrounded by large tracts of wetlands to the north, and other material sites to the east, west, and south. The applicant plans to construct berms as ponds are created during operations to prevent vehicles, equipment, people, or animals from going into the water. Staff does not anticipate that the site will present any danger to public safety. KMC 14.20.154(a)(8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; Criteria Met: The proposed extraction site will be operated on a continuing basis for approximately four (4) years and then on an as-needed basis until the site is exhausted; Applicant estimates this time frame to be fifteen (15) years in total. With the majority of the gravel being located below the water table, the final development would be to reclaim the shorelines of the ponds, establish grass or other vegetation, and construct locations for houses Page 35 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 4 of 7 or RV parking sites around the ponded areas. Site reclamation will include grading and re- contouring backslopes using overburden and topsoil to a condition that allows for re- establishment of natural vegetation and seeding. The parcel does not currently have any existing structures and there are no plans for any permanent structures to be added. Anything that is stored will be temporary and moveable. Staff finds this adequately addresses a feasible and realistic use of the land once extractions of natural resources on the site cease. KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which it is zoned; Criteria Met: City staff have discussed the importance of ensuring a clean water supply in the City and the applicant will take measures to monitor water levels and be mindful of what is allowed near water and sensitive areas of the landscape. Applicant notes equipment and construction debris will not be disposed of in surface water. The applicant also plans to seed slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect the landscape. As stated in the previous criteria, no permanent structures are planned to be erected which will leave the parcel vacant and ready for future development. An example of successful reclamation can be found in the Lake at Kenai subdivision east of this project along Beaver Loop Road. KMC 14.20.154(a)(10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; Critieria Met: The majority of the parcels surrounding the subject lot are also utilized as material extraction sites and there are no residential properties in the immediate area. The City, and residents of, will benefit from an additional local gravel source from this location. KMC 14.20.154(a)(11) The applicant is the owner of the subject property. Criteria Met: The proposed parcel was recently conditionally sold by the City of Kenai in the 2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning on behalf of the owner of the subject property to satisfy a condition of sale. KMC 14.20.154(a)(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete. Criteria Met: The submitted site plan adequately and clearly shows the proposed clearing limits. Prior to application being deemed complete City Staff will meet with the applicant at the site to ensure that proposed clearing will align with those submitted on the site plan. REVIEW CRITERIA FOR CONDITIONAL USE PERMIT Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits are met. Criteria 1 - The use is consistent with the purpose of this chapter and purposes and intent of the zoning district. Page 36 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 5 of 7 Findings: The property is within the Rural Residential (RR) Zone. Pursuant to KMC 14.20.080, the intent of the zone is intended for: Low density residential development in an attractive residential environment, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominately residential area, and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. Surface extraction is a conditionally permitted use and can be consistent with the intent of the residential zone, especially when the reclaimed property is developed to allow for future residential uses. The proposed extraction is adjacent to existing permitted gravel pits and vacant lots. It would not change the character of the neighborhood. This use is consistent with the current development and once reclaimed, will mee the purpose and intent of the RR Zone. Criteria 2: The value of the adjoining property and neighborhood will not be significantly impaired; Findings: Adjacent property to the north is undeveloped wetlands owned by the City of Kenai and Alaska DNR. Adjoining properties to the east, west, and south are all material sites. Staff does not find that the value of adjoining properties or neighborhood will be significantly impaired as it aligns with the current uses of the immediate area and existing haul routes off Lot 2 will meet up and follow existing routes. Criteria 3: The proposed use is in harmony with the Comprehensive plan; Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject property as “Parks, Recreation, & Open Space” defined as intended for: Public recreational facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category. The location of the pit minimizes the potential for conflict with neighbors as it fits with the pattern of land use along the north side of Beaver Loop Road. Therefore, staff finds the proposed use would be consistent with the intended purpose of the Comprehensive Plan. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-1 Promote projects that create workforce development opportunities Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-11 Page 37 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 6 of 7 Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: Colaska owns 60 acres immediately east and southeast of the subject lot. These parcels will be utilized to access the proposed material site from Beaver Loop Road. This does not increase the amount of potential conflict points along Beaver Loop Road and effectively consolidates the additional traffic flow to one shared access point. Additionally, the applicant will have sufficient sanitation facilities located on site. City Staff finds that the proposed services and facilities are adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: Casual access to the property is not anticipated as it is surrounded by large parcels of similar use and is not situated near any amenities such as fishing, parks, or recreation. The applicant notes that adequate adjacent existing barriers and screening will be utilized. The extraction site will not be a safety concern or visual impairment. The applicant has shown plans for reclamation and will be mindful about materials stored near any water sources. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Recommended conditions are stated at the end of the report. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comment has been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed conditional use permit for the surface extraction of natural resources on the property described as Lot 2, Beaver Loop Acres Addition No. 3 Subdivision, meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150 and subsections (a)(1) through (a)(12) of KMC 14.20.154, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-22 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. The applicant will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape. 3. The applicant will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table. Page 38 Resolution No. PZ2026-22 Conditional Use Permit Extraction of Natural Resources Page 7 of 7 4. The applicant will limit noise disturbance and not use compression release engine brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized on an as-needed, project specific basis and not ongoing. 5. The applicant will meet with City staff for on-site inspections when requested. 6. If there is an expansion or change of use for the subject property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 7. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. ATTACHMENTS Aerial Map Application & Business License Site Plan Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 McLANE CONSULTING INC. P.O. BOX 468 SOLDOTNA, ALASKA 99669 (907) 283-4218 Date: 22 July 2025 To: City of Kenai RE: Beaver Loop Acres No. 3 Subdivision Subject: Estimated Extractable Material Quantity This scoping report is for the future Lots 1, 2, 3, and 4 Beaver Loop Acres No. 3 Subdivision. The property is currently in the platting process to create these lots, totaling 109.326 acres from the 320-acre parent parcel described as T5N R11W Section 3 Seward Meridian SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4. The blackline copy of the referenced plat is attached. The quantities provided herein utilize the soils information provided in the Beaver Loop Gravel Investigation Summary prepared for the City of Kenai by McLane Consulting, Inc. in March 2019. This report includes data from 10 test holes excavated to a depth of 15.0’. This report is attached for reference of test hole locations, stratum, and material classification. Initial quantity estimates of available sand and gravel quantities were computed for each property with a 10’ setback of all property lines with a vertical cut. These quantities are estimated as follows: TABLE A. TOTAL ESTIMATED GRAVEL Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 239,950 235,425 665,530 Lot 2 28.455 216,175 279,230 684,560 Lot 3 28.440 292,510 193,510 607,525 Lot 4 23.798 280,510 130,905 467,515 The extractable quantity of gravel and sand available varies from these quantities. City of Kenai code KMC 14.20.154 requires a 150’ buffer from public rights-of-way and 100’ buffer from property lines, unless granted a variance through public process. Available sand and gravel quantities were computed for each property with full code setbacks and a vertical cut. These quantities are estimated as follows: TABLE B. TOTAL ESTIMATED GRAVEL WITH CODE SETBACKS Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 156,170 153,225 433,160 Lot 2 28.455 131,270 169,560 415,690 Lot 3 28.440 177,590 122,950 368,845 Lot 4 23.798 157,355 73,430 262,260 In 2015, a City of Kenai Conditional Use Permit for a nearby material site granted setback variances allowing an 80’ setback from public rights-of-way and 50’ setback from adjacent property lines. It is also reasonable to assume that material sites with Page 54 Page 2 P.O. BOX 468 SOLDOTNA, ALASKA 99669 (907) 283-4218 abutting property lines would be granted a setback variance of 0’ for adjoining lot lines and all four (4) of these lots will be utilized for gravel extraction. KMC 14.20.154 allows excavation below the water table when approved. It is reasonable that excavation in the water table would be approved at this location since it is common practice in the area’s existing material sites. Material quantities were calculated assuming that these variances are granted; 80’ setback to public right of way, 50’ setback to adjacent property lines, 0’ setback to other material site property lines, and excavation in the water table. TABLE C. TOTAL ESTIMATED GRAVEL WITH ASSUMED CODE VARIANCES Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 196,960 193,250 546,295 Lot 2 28.455 171,165 221,090 542,020 Lot 3 28.440 231,585 160,330 480,985 Lot 4 23.798 213,400 99,585 355,665 As shown in these tables, permitting variances greatly affects the quantity of marketable material at any extraction site. Material site extraction techniques may also have a large effect on quantities of extracted material recovered for sale. Quantities shown hereon are an estimate utilizing information available and reasonable assumptions. Sincerely, Gina DeBardelaben, PE McLane Consulting Inc. Attachments: a. Preliminary Plat, Beaver Loop Acres No. 3, December 2024 b. Beaver Loop Gravel Investigation Summary, March 2019 Page 55 Page 56 Page 57 3/29/2019 Page 58 Page 59 Page 60 Page 61 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 1 @ 9.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.32 % Sand Sample #:TH #1 D30 =1.20 46.2% Sample ID:sandy GRAVEL D60 =7.62 Specifications % Gravel Source:CC =0.60 No Specs 51.8% Project:Beaver Lp CU =24.16 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 2.1% Boring #: 1 Plastic Limit= n/a Fineness Modulus Depth:9.0'Plasticity Index=n/a 4.98 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 48.2%48.2% 4.00"100.00 100.0%#8 2.360 37.8%37.8% 3.00"75.00 100.0%#10 2.000 35.4% 2.50"63.00 100.0%#16 1.180 29.9%29.9% 2.00"50.00 100.0%100.0%#20 0.850 25.3% 1.75"45.00 99.4%#30 0.600 21.8%21.8% 1.50"37.50 98.4%98.4%#40 0.425 14.6% 1.25"31.50 95.7%#50 0.300 9.4%9.4% 1.00"25.00 92.7%92.7%#60 0.250 7.2% 7/8"22.40 89.9%#80 0.180 4.3% 3/4"19.00 86.2%86.2%#100 0.150 3.0%3.0% 5/8"16.00 81.9%#140 0.106 2.4% 1/2"12.50 76.9%76.9%#170 0.090 2.2% 3/8"9.50 67.7%67.7%#200 0.075 2.1%2.1% 1/4"6.30 54.6%#270 0.053 #4 4.75 48.2%48.2% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 62 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 2 @ 6.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.21 % Sand Sample #:TH #2 D30 =0.42 63.5% Sample ID:gravelly SAND D60 =3.20 Specifications % Gravel Source:CC =0.26 No Specs 34.8% Project:Beaver Lp CU =14.94 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.7% Boring #: 2 Plastic Limit= n/a Fineness Modulus Depth:6.0'Plasticity Index=n/a 3.81 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 65.2%65.2% 4.00"100.00 100.0%#8 2.360 57.2%57.2% 3.00"75.00 100.0%#10 2.000 55.7% 2.50"63.00 100.0%#16 1.180 52.3%52.3% 2.00"50.00 100.0%#20 0.850 48.3% 1.75"45.00 100.0%#30 0.600 45.3%45.3% 1.50"37.50 100.0%100.0%#40 0.425 30.0% 1.25"31.50 99.5%#50 0.300 19.1%19.1% 1.00"25.00 99.0%99.0%#60 0.250 13.8% 7/8"22.40 97.8%#80 0.180 6.3% 3/4"19.00 96.1%96.1%#100 0.150 3.1%3.1% 5/8"16.00 92.5%#140 0.106 2.3% 1/2"12.50 88.2%88.2%#170 0.090 2.0% 3/8"9.50 80.8%80.8%#200 0.075 1.7%1.7% 1/4"6.30 70.3%#270 0.053 #4 4.75 65.2%65.2% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification SP, Poorly graded Sand with Gravel 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 63 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 5 @ 6.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.17 % Sand Sample #:TH #5 D30 =0.86 50.1% Sample ID:silty sandy GRAVEL D60 =5.27 Specifications % Gravel Source:CC =0.84 No Specs 42.7% Project:Beaver Lp CU =31.24 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 7.2% Boring #: 5 Plastic Limit= n/a Fineness Modulus Depth:6.0'Plasticity Index=n/a 4.37 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 57.3%57.3% 4.00"100.00 100.0%#8 2.360 42.6%42.6% 3.00"75.00 100.0%#10 2.000 39.8% 2.50"63.00 100.0%#16 1.180 33.4%33.4% 2.00"50.00 100.0%#20 0.850 29.9% 1.75"45.00 100.0%#30 0.600 27.2%27.2% 1.50"37.50 100.0%100.0%#40 0.425 20.9% 1.25"31.50 99.0%#50 0.300 16.4%16.4% 1.00"25.00 97.9%97.9%#60 0.250 13.9% 7/8"22.40 96.8%#80 0.180 10.5% 3/4"19.00 95.3%95.3%#100 0.150 9.1%9.1% 5/8"16.00 92.4%#140 0.106 8.0% 1/2"12.50 88.9%88.9%#170 0.090 7.6% 3/8"9.50 81.7%81.7%#200 0.075 7.2%7.2% 1/4"6.30 65.3%#270 0.053 #4 4.75 57.3%57.3% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification SP-SM, Poorly graded Sand with Silt and Gravel 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 64 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 6 @ 10.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.41 % Sand Sample #:TH #6 D30 =6.24 25.1% Sample ID:sandy GRAVEL D60 =17.40 Specifications % Gravel Source:CC =5.52 No Specs 73.1% Project:Beaver Lp CU =42.95 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.8% Boring #: 6 Plastic Limit= n/a Fineness Modulus Depth:10.0'Plasticity Index=n/a 6.11 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 26.9%26.9% 4.00"100.00 100.0%#8 2.360 22.6%22.6% 3.00"75.00 100.0%#10 2.000 21.5% 2.50"63.00 100.0%#16 1.180 19.1%19.1% 2.00"50.00 100.0%100.0%#20 0.850 16.6% 1.75"45.00 97.6%#30 0.600 14.7%14.7% 1.50"37.50 94.1%94.1%#40 0.425 10.5% 1.25"31.50 86.4%#50 0.300 7.5%7.5% 1.00"25.00 78.1%78.1%#60 0.250 5.9% 7/8"22.40 72.2%#80 0.180 3.6% 3/4"19.00 64.5%64.5%#100 0.150 2.7%2.7% 5/8"16.00 56.1%#140 0.106 2.2% 1/2"12.50 46.3%46.3%#170 0.090 2.0% 3/8"9.50 36.7%36.7%#200 0.075 1.8%1.8% 1/4"6.30 30.1%#270 0.053 #4 4.75 26.9%26.9% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 65 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 9 @ 9.5' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.38 % Sand Sample #:TH #9 D30 =3.46 32.6% Sample ID:sandy GRAVEL D60 =15.89 Specifications % Gravel Source:CC =1.99 No Specs 65.5% Project:Beaver Lp CU =41.92 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.9% Boring #: 9 Plastic Limit= n/a Fineness Modulus Depth:9.5'Plasticity Index=n/a 5.84 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 34.5%34.5% 4.00"100.00 100.0%#8 2.360 26.1%26.1% 3.00"75.00 100.0%#10 2.000 24.3% 2.50"63.00 100.0%#16 1.180 20.3%20.3% 2.00"50.00 100.0%100.0%#20 0.850 17.4% 1.75"45.00 98.4%#30 0.600 15.2%15.2% 1.50"37.50 96.0%96.0%#40 0.425 11.1% 1.25"31.50 87.8%#50 0.300 8.1%8.1% 1.00"25.00 78.9%78.9%#60 0.250 6.5% 7/8"22.40 73.3%#80 0.180 4.1% 3/4"19.00 66.1%66.1%#100 0.150 3.1%3.1% 5/8"16.00 60.2%#140 0.106 2.4% 1/2"12.50 53.3%53.3%#170 0.090 2.2% 3/8"9.50 46.4%46.4%#200 0.075 1.9%1.9% 1/4"6.30 38.4%#270 0.053 #4 4.75 34.5%34.5% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GW, Well-graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 66 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 10 @ 8.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.27 % Sand Sample #:TH #10 D30 =1.17 43.7% Sample ID:sandy GRAVEL D60 =8.78 Specifications % Gravel Source:CC =0.59 No Specs 52.4% Project:Beaver Lp CU =33.10 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 3.8% Boring #: 10 Plastic Limit= n/a Fineness Modulus Depth:8.0'Plasticity Index=n/a 5.08 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 47.6%47.6% 4.00"100.00 100.0%#8 2.360 37.4%37.4% 3.00"75.00 100.0%#10 2.000 35.2% 2.50"63.00 100.0%#16 1.180 30.1%30.1% 2.00"50.00 100.0%100.0%#20 0.850 26.2% 1.75"45.00 98.1%#30 0.600 23.2%23.2% 1.50"37.50 95.2%95.2%#40 0.425 16.3% 1.25"31.50 90.6%#50 0.300 11.4%11.4% 1.00"25.00 85.6%85.6%#60 0.250 9.4% 7/8"22.40 82.9%#80 0.180 6.6% 3/4"19.00 79.3%79.3%#100 0.150 5.5%5.5% 5/8"16.00 75.6%#140 0.106 4.5% 1/2"12.50 71.4%71.4%#170 0.090 4.2% 3/8"9.50 62.2%62.2%#200 0.075 3.8%3.8% 1/4"6.30 52.3%#270 0.053 #4 4.75 47.6%47.6% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 67 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM Page 68 Page 69 Land Cover Kenai Peninsula Borough GIS Division Legend 0 0.09 Miles 0.18 3/30/2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This application was designed to provide information about landcover types on the Kenai Peninsula. It is intended for general informational purposes only and should not be used in place of any official information from an authoritative agency. All the datasets herein were mapped at a scale describing a much larger area than most parcels and therefore land cover boundaries may not match exactly with your property lines. Furthermore, land cover can change over time and the characteristics of a type may vary seasonally. The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. It is not intended to be used for measurement. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. KPB Boundary Highways Major Roads Roads Town Medium Volume Town Low/Seasonal; Other Proposed Parcels National Wetlands Inventory <all other values> Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Estuarine and Marine Deepwater Freshwater Pond Lake Riverine Other Boundary Footprint Image Red: Band_1 Green: Band_2 Blue: Band_3 Page 70 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-23 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXTRACTION OF NATURAL RESOURCES. APPLICANT: Colaska, Inc., dba QAP PROPERTY ADDRESS: No Physical Address LEGAL DESCRIPTION: Lot 3, Beaver Loop Acres Addition No. 3 Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04901069 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 5, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code (KMC) 14.20.150; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to KMC 14.20.151 through KMC 14.20.158; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements of this chapter. a. Findings: This application is in substantial compliance with the requirements of this chapter. The applicant has demonstrated the proposed use meets the requirements for boundaries, assuming the variance permit is granted, back slopes, public safety, and the need for gravel within the City. 2. KMC 14.20.154(a)(2) The boundaries of the proposed excavation at its greatest dimensions, including backslopes, are at least two hundred feet (200’) from any road or public right-of-way and at least one hundred fifty feet (150’) from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites is not required to maintain the above one hundred fifty feet (150’) excavation between sites. a. Findings: The applicant has provided two versions of the boundaries for staff to review. The initial set delineates the 200-foot setback from all roads and public rights-of-way and a minimum of 150 feet from other surrounding property lines, except for the adjoining Lot 2, which is also being heard for a CUP at this meeting through Resolution PZ 2026-22. The applicant also showed alternatives, based on Page 71 Resolution No. PZ2026-23 Page 2 of 6 a variance for a full project at this location. Those boundaries depend upon the variance permit application submitted in conjunction with the conditional use permit being granted. If granted, there will be a fifty-foot (50’) setback to public right of way, fifty-foot (50’) setback to adjacent property lines, zero-foot (0’) setback to adjoining property line, Lot 2 Beaver Loop Acres Addition Number 3, and excavation in the water table. The excavation slopes will be one (1) vertical to one (1) horizontal, as shown on page C5 of the submitted site plan. 3. KMC 14.20.154(a)(3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; a. Findings: The proposed extraction site is north of an adjacent gravel pit and is not visible from Beaver Loop Road, additionally, there is a tree line creating a natural barrier to the south of both pits. There are no inhabited areas in the nearby vicinity to warrant the necessity of additional or artificial screening to be required. Properties located north of the proposed gravel pits (near the Kenai Golf Course) are over 30 feet higher in elevation and it is not feasible to add additional screening. 4. KMC 14.20.154(a)(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain, and high-hazard coastal areas; a. Findings: City staff has confirmed the subject parcel is outside of the regulatory flood plain and is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high hazard coastal areas. The current classification for the project location, as designated by FEMA’s latest floodplain maps dated February 28, 2025, is X-U, which is “Undefined”. The City of Kenai’s Floodplain Administrator has reviewed the application and has no comments. 5. KMC 14.20.155(a)(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; a. Findings: Site plans submitted by the applicant show that reclamation will be a continuous process including sloping the sides of the excavation 2:1 or flatter along buffer zones and inactive work areas, a four inch (4”) minimum of topsoil mix, organic clearing debris, and seeding as necessary to contain erosion. 6. KMC 14.20.154(a)(6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; a. Findings: Applicant states that it is anticipated that much of the gravel extraction will occur below the water table. The final configuration of the site will be similar to most gravel pits in the area with ponds forming in areas worked below the water table and haul routes adapting as the site is further developed. The final development plan envisions a lake on site and the reclamation of shorelines. This will include grass or other vegetation and constructing locations for houses or RV parking spots around the ponded area. 7. KMC 14.20.154(a)(7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; a. Findings: Applicant states that casual access is not anticipated as the proposed site is rural and surrounded by large tracts of wetlands to the north, and other Page 72 Resolution No. PZ2026-23 Page 3 of 6 material sites to the east, west, and south. The applicant plans to construct berms as ponds are created during operations to prevent vehicles, equipment, people, or animals from going into the water. Staff does not anticipate that the site will present any danger to public safety. 8. KMC 14.20.154(a)(8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; a. Findings: The proposed extraction site will be operated on a continuing basis for approximately four (4) years and then on an as-needed basis until the site is exhausted; Applicant estimates this time frame to be fifteen (15) years in total. With the majority of the gravel being located below the water table, the final development would be to reclaim the shorelines of the ponds, establish grass or other vegetation, and construct locations for houses or RV parking sites around the ponded areas. Site reclamation will include grading and re-contouring backslopes using overburden and topsoil to a condition that allows for re- establishment of natural vegetation and seeding. The parcel does not currently have any existing structures and there are no plans for any permanent structures to be added. Anything that is stored will be temporary and moveable. Staff finds this adequately addresses a feasible and realistic use of the land once extractions of natural resources on the site cease. 9. KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which it is zoned; a. Findings: City staff have discussed the importance of ensuring a clean water supply in the City and the applicant will take measures to monitor water levels and be mindful of what is allowed near water and sensitive areas of the landscape. Applicant notes equipment and construction debris will not be disposed of in surface water. The applicant also plans to seed slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect the landscape. As stated in the previous criteria, no permanent structures are planned to be erected which will leave the parcel vacant and ready for future development. An example of successful reclamation can be found in the Lake at Kenai subdivision east of this project along Beaver Loop Road. 10. KMC 14.20.154(a)(10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; a. Findings: The majority of the parcels surrounding the subject lot are also utilized as material extraction sites and there are no residential properties in the immediate area. The City, and residents of, will benefit from an additional local gravel source from this location. 11. KMC 14.20.154(a)(11) The applicant is the owner of the subject property. a. Findings: The proposed parcel was recently conditionally sold by the City of Kenai in the 2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning on behalf of the owner of the subject property to satisfy a condition of sale. 12. KMC 14.20.154(a)(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete. Page 73 Resolution No. PZ2026-23 Page 4 of 6 a. Findings: The submitted site plan adequately and clearly shows the proposed clearing limits. Prior to application being deemed complete City Staff will meet with the applicant at the site to ensure that proposed clearing will align with those submitted on the site plan. 13. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; a. Findings: The Rural Residential (RR) Zone land use classification is defined in KMC 14.20.080 as: Low density residential development in an attractive residential environment, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominately residential area, and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. Surface extraction is a conditionally permitted use and can be consistent with the intent of the residential zone, especially when the reclaimed property is developed to allow for future residential uses. The proposed extraction is adjacent to existing permitted gravel pits and vacant lots. It would not change the character of the neighborhood. This use is consistent with the current development and once reclaimed, will mee the purpose and intent of the RR Zone. 14. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; a. Findings: Adjacent property to the north is undeveloped wetlands owned by the City of Kenai and Alaska DNR. Adjoining properties to the east, west, and south are all material sites. Staff does not find that the value of adjoining properties or neighborhood will be significantly impaired as it aligns with the current uses of the immediate area and existing haul routes off Lot 3 will meet up and follow existing routes. 15. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject property as “Parks, Recreation, & Open Space” defined as intended for: Public recreational facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category. The location of the pit minimizes the potential for conflict with neighbors as it fits with the pattern of land use along the north side of Beaver Loop Road. Therefore, staff finds the proposed use would be consistent with the intended purpose of the Comprehensive Plan. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-1 Page 74 Resolution No. PZ2026-23 Page 5 of 6 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-11 Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. 16. KMC 14.20.150(d)(4) Public services & facilities are adequate to serve the proposed use; Findings Colaska owns 60 acres immediately east and southeast of the subject lot. These parcels will be utilized to access the proposed material site from Beaver Loop Road. This does not increase the amount of potential conflict points along Beaver Loop Road and effectively consolidates the additional traffic flow to one shared access point. Additionally, the applicant will have sufficient sanitation facilities located on site. City Staff finds that the proposed services and facilities are adequate to serve the proposed use. 17. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: Casual access to the property is not anticipated as it is surrounded by large parcels of similar use and is not situated near any amenities such as fishing, parks, or recreation. The applicant notes that adequate adjacent existing barriers and screening will be utilized. The extraction site will not be a safety concern or visual impairment. The applicant has shown plans for reclamation and will be mindful about materials stored near any water sources. 18. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Conditions are listed in Section 2 of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit for the surface extraction of natural resources on the property described as Lot 3, Beaver Loop Acres Addition No. 3 Subdivision. Page 75 Resolution No. PZ2026-23 Page 6 of 6 Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. The applicant will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape. 3. The applicant will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table. 4. The applicant will limit noise disturbance and not use compression release engine brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized on an as-needed, project specific basis and not ongoing. 5. The applicant will meet with City staff for on-site inspections when requested. 6. If there is an expansion or change of use for the subject property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 7. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026 Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 76 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution PZ2026-23 – Conditional Use Permit – Extraction of Natural Resources Request The Applicant is Requesting a Conditional Use Permit for the Extraction of Natural Resources Staff Recommendation Adopt Resolution PZ2026-23 Granting a Conditional Use Permit for the Extraction of Natural Resources Property Owner: City of Kenai Petitioner Representative Nick Staller Legal Description: Lot 3, Beaver Loop Acres Addition No. 3 Subdivision Property Address: No Physical Address KPB Parcel No.: 04901070 Lot Size: 28.45 Zoning: Rural Residential Current Use: Vacant / Undeveloped Land Use Plan: Parks, Recreation, and Open Space SUMMARY The applicant has applied for a conditional use permit, and a variance permit for the construction and operation of a gravel pit, and extraction within the setback, for the proposed Surface Extraction of Natural Resources pursuant to KMC 14.20.151 – KMC 14.20.158. The proposed Page 77 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 2 of 7 extraction site will be owned and operated by Colaska Inc, dba QAP. In addition to the subject lot, Colaska also owns Lot 2 to the west and the 60 acres immediately east and southeast of Lot 3. Those parcels will be utilized to access the proposed material site from Beaver Loop Road. The applicant is requesting that the CUP allow for excavation below the water table, stating it is a common practice in the area and there is active excavation below groundwater at adjacent material sites. In conjunction with the conditional use permit, the applicant is requesting a variance to KMC 14.20.154 regarding buffers to the public rights-of-way and property lines due to the use of adjacent properties as material sites. The variance requested is a 50-foot buffer to the north, south, and east and a 0-foot buffer on the adjoining property line of Lot 2 and Lot 3. These variances will be heard later in this meeting as separate resolutions. ANALYSIS Criteria for the issuance of a conditional use permit for surface extraction of natural resources are outlined in KMC 14.20.154 – Issuance of a Permit for Surface Extraction of Natural Resources. KMC 14.20.154(a)(1) The application is in substantial compliance with the requirements of this chapter. Criteria Met: This application is in substantial compliance with the requirements of this chapter. The applicant has demonstrated the proposed use meets the requirements for boundaries, assuming the variance permit is granted, back slopes, public safety, and the need for gravel within the City. KMC 14.20.154(a)(2) The boundaries of the proposed excavation at its greatest dimensions, including backslopes, are at least two hundred feet (200’) from any road or public right-of-way and at least one hundred fifty feet (150’) from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites is not required to maintain the above one hundred fifty feet (150’) excavation between sites. Criteria Met: The applicant has provided two versions of the boundaries for staff to review. The initial set delineates the 200-foot setback from all roads and public rights-of-way and a minimum of 150 feet from other surrounding property lines, except for the adjoining Lot 2, which is also being heard for a CUP at this meeting through Resolution PZ 2026-22. The applicant also showed alternatives, based on a variance for a full project at this location. Those boundaries depend upon the variance permit application submitted in conjunction with the conditional use permit being granted. If granted, there will be a fifty-foot (50’) setback to public right of way, fifty- foot (50’) setback to adjacent property lines, zero-foot (0’) setback to adjoining property line, Lot 2 Beaver Loop Acres Addition Number 3, and excavation in the water table. The excavation slopes will be one (1) vertical to one (1) horizontal, as shown on page C5 of the submitted site plan. KMC 14.20.154(a)(3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; Criteria Met: The proposed extraction site is north of an adjacent gravel pit and is not visible from Beaver Loop Road, additionally, there is a tree line creating a natural barrier to the south Page 78 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 3 of 7 of both pits. There are no inhabited areas in the nearby vicinity to warrant the necessity of additional or artificial screening to be required. Properties located north of the proposed gravel pits (near the Kenai Golf Course) are over 30 feet higher in elevation and it is not feasible to add additional screening. KMC 14.20.154(a)(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain, and high-hazard coastal areas; Criteria Met: City staff has confirmed the subject parcel is outside of the regulatory flood plain and is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high hazard coastal areas. The current classification for the project location, as designated by FEMA’s latest floodplain maps dated February 28, 2025, is X-U, which is “Undefined”. The City of Kenai’s Floodplain Administrator has reviewed the application and has no comments. KMC 14.20.155(a)(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; Criteria Met: Site plans submitted by the applicant show that reclamation will be a continuous process including sloping the sides of the excavation 2:1 or flatter along buffer zones and inactive work areas, a four inch (4”) minimum of topsoil mix, organic clearing debris, and seeding as necessary to contain erosion. KMC 14.20.154(a)(6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; Criteria Met: Applicant states that it is anticipated that much of the gravel extraction will occur below the water table. The final configuration of the site will be similar to most gravel pits in the area with ponds forming in areas worked below the water table and haul routes adapting as the site is further developed. The final development plan envisions a lake on site and the reclamation of shorelines. This will include grass or other vegetation and constructing locations for houses or RV parking spots around the ponded area. KMC 14.20.154(a)(7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; Criteria Met: Applicant states that casual access is not anticipated as the proposed site is rural and surrounded by large tracts of wetlands to the north, and other material sites to the east, west, and south. The applicant plans to construct berms as ponds are created during operations to prevent vehicles, equipment, people, or animals from going into the water. Staff does not anticipate that the site will present any danger to public safety. KMC 14.20.154(a)(8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; Criteria Met: The proposed extraction site will be operated on a continuing basis for approximately four (4) years and then on an as-needed basis until the site is exhausted; Applicant estimates this time frame to be fifteen (15) years in total. With the majority of the gravel being located below the water table, the final development would be to reclaim the shorelines of the ponds, establish grass or other vegetation, and construct locations for houses Page 79 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 4 of 7 or RV parking sites around the ponded areas. Site reclamation will include grading and re- contouring backslopes using overburden and topsoil to a condition that allows for re- establishment of natural vegetation and seeding. The parcel does not currently have any existing structures and there are no plans for any permanent structures to be added. Anything that is stored will be temporary and moveable. Staff finds this adequately addresses a feasible and realistic use of the land once extractions of natural resources on the site cease. KMC 14.20.154(a)(9) The extraction does not destroy the land for the purpose for which it is zoned; Criteria Met: City staff have discussed the importance of ensuring a clean water supply in the City and the applicant will take measures to monitor water levels and be mindful of what is allowed near water and sensitive areas of the landscape. Applicant notes equipment and construction debris will not be disposed of in surface water. The applicant also plans to seed slopes with plants suitable for Alaska conditions and will limit erosion and dust that could affect the landscape. As stated in the previous criteria, no permanent structures are planned to be erected which will leave the parcel vacant and ready for future development. An example of successful reclamation can be found in the Lake at Kenai subdivision east of this project along Beaver Loop Road. KMC 14.20.154(a)(10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; Critieria Met: The majority of the parcels surrounding the subject lot are also utilized as material extraction sites and there are no residential properties in the immediate area. The City, and residents of, will benefit from an additional local gravel source from this location. KMC 14.20.154(a)(11) The applicant is the owner of the subject property. Criteria Met: The proposed parcel was recently conditionally sold by the City of Kenai in the 2026 Land Sale Auction to Colaska, dba QAP. The applicant is petitioning on behalf of the owner of the subject property to satisfy a condition of sale. KMC 14.20.154(a)(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete. Criteria Met: The submitted site plan adequately and clearly shows the proposed clearing limits. Prior to application being deemed complete City Staff will meet with the applicant at the site to ensure that proposed clearing will align with those submitted on the site plan. REVIEW CRITERIA FOR CONDITIONAL USE PERMIT Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits are met. Criteria 1 - The use is consistent with the purpose of this chapter and purposes and intent of the zoning district. Page 80 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 5 of 7 Findings: The property is within the Rural Residential (RR) Zone. Pursuant to KMC 14.20.080, the intent of the zone is intended for: Low density residential development in an attractive residential environment, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominately residential area, and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. Surface extraction is a conditionally permitted use and can be consistent with the intent of the residential zone, especially when the reclaimed property is developed to allow for future residential uses. The proposed extraction is adjacent to existing permitted gravel pits and vacant lots. It would not change the character of the neighborhood. This use is consistent with the current development and once reclaimed, will mee the purpose and intent of the RR Zone. Criteria 2: The value of the adjoining property and neighborhood will not be significantly impaired; Findings: Adjacent property to the north is undeveloped wetlands owned by the City of Kenai and Alaska DNR. Adjoining properties to the east, west, and south are all material sites. Staff does not find that the value of adjoining properties or neighborhood will be significantly impaired as it aligns with the current uses of the immediate area and existing haul routes off Lot 3 will meet up and follow existing routes. Criteria 3: The proposed use is in harmony with the Comprehensive plan; Findings: The 2016 Imagine Kenai 2030 Comprehensive Plan classifies the subject property as “Parks, Recreation, & Open Space” defined as intended for: Public recreational facilities, as well as undeveloped lands that provide for the conservation of natural or scenic resources. These areas can be used for a variety of passive and active outdoor and indoor sports and recreational activities. Areas that may be suitable for future natural resource development may be included in this category. The location of the pit minimizes the potential for conflict with neighbors as it fits with the pattern of land use along the north side of Beaver Loop Road. Therefore, staff finds the proposed use would be consistent with the intended purpose of the Comprehensive Plan. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 2 – Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-1 Promote projects that create workforce development opportunities Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-11 Page 81 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 6 of 7 Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: Colaska owns 60 acres immediately east and southeast of the subject lot. These parcels will be utilized to access the proposed material site from Beaver Loop Road. This does not increase the amount of potential conflict points along Beaver Loop Road and effectively consolidates the additional traffic flow to one shared access point. Additionally, the applicant will have sufficient sanitation facilities located on site. City Staff finds that the proposed services and facilities are adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: Casual access to the property is not anticipated as it is surrounded by large parcels of similar use and is not situated near any amenities such as fishing, parks, or recreation. The applicant notes that adequate adjacent existing barriers and screening will be utilized. The extraction site will not be a safety concern or visual impairment. The applicant has shown plans for reclamation and will be mindful about materials stored near any water sources. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Recommended conditions are stated at the end of the report. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comment has been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed conditional use permit for the surface extraction of natural resources on the property described as Lot 3, Beaver Loop Acres Addition No. 3 Subdivision, meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150 and subsections (a)(1) through (a)(12) of KMC 14.20.154, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-23 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. The applicant will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape. 3. The applicant will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table. Page 82 Resolution No. PZ2026-23 Conditional Use Permit Extraction of Natural Resources Page 7 of 7 4. The applicant will limit noise disturbance and not use compression release engine brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized on an as-needed, project specific basis and not ongoing. 5. The applicant will meet with City staff for on-site inspections when requested. 6. If there is an expansion or change of use for the subject property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(l)(5). 7. Permit holder will submit a yearly report between October 1st and December 31st to the Planning & Zoning Department that includes a summary of the on-site activity. ATTACHMENTS Aerial Map Application & Business License Site Plan Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 McLANE CONSULTING INC. P.O. BOX 468 SOLDOTNA, ALASKA 99669 (907) 283-4218 Date: 22 July 2025 To: City of Kenai RE: Beaver Loop Acres No. 3 Subdivision Subject: Estimated Extractable Material Quantity This scoping report is for the future Lots 1, 2, 3, and 4 Beaver Loop Acres No. 3 Subdivision. The property is currently in the platting process to create these lots, totaling 109.326 acres from the 320-acre parent parcel described as T5N R11W Section 3 Seward Meridian SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4. The blackline copy of the referenced plat is attached. The quantities provided herein utilize the soils information provided in the Beaver Loop Gravel Investigation Summary prepared for the City of Kenai by McLane Consulting, Inc. in March 2019. This report includes data from 10 test holes excavated to a depth of 15.0’. This report is attached for reference of test hole locations, stratum, and material classification. Initial quantity estimates of available sand and gravel quantities were computed for each property with a 10’ setback of all property lines with a vertical cut. These quantities are estimated as follows: TABLE A. TOTAL ESTIMATED GRAVEL Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 239,950 235,425 665,530 Lot 2 28.455 216,175 279,230 684,560 Lot 3 28.440 292,510 193,510 607,525 Lot 4 23.798 280,510 130,905 467,515 The extractable quantity of gravel and sand available varies from these quantities. City of Kenai code KMC 14.20.154 requires a 150’ buffer from public rights-of-way and 100’ buffer from property lines, unless granted a variance through public process. Available sand and gravel quantities were computed for each property with full code setbacks and a vertical cut. These quantities are estimated as follows: TABLE B. TOTAL ESTIMATED GRAVEL WITH CODE SETBACKS Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 156,170 153,225 433,160 Lot 2 28.455 131,270 169,560 415,690 Lot 3 28.440 177,590 122,950 368,845 Lot 4 23.798 157,355 73,430 262,260 In 2015, a City of Kenai Conditional Use Permit for a nearby material site granted setback variances allowing an 80’ setback from public rights-of-way and 50’ setback from adjacent property lines. It is also reasonable to assume that material sites with Page 98 Page 2 P.O. BOX 468 SOLDOTNA, ALASKA 99669 (907) 283-4218 abutting property lines would be granted a setback variance of 0’ for adjoining lot lines and all four (4) of these lots will be utilized for gravel extraction. KMC 14.20.154 allows excavation below the water table when approved. It is reasonable that excavation in the water table would be approved at this location since it is common practice in the area’s existing material sites. Material quantities were calculated assuming that these variances are granted; 80’ setback to public right of way, 50’ setback to adjacent property lines, 0’ setback to other material site property lines, and excavation in the water table. TABLE C. TOTAL ESTIMATED GRAVEL WITH ASSUMED CODE VARIANCES Parcel Parcel Size (acres) Peat/Overburden (CY) Sand/gravel above groundwater (CY) Sand/gravel to 20’ (CY) Lot 1 28.633 196,960 193,250 546,295 Lot 2 28.455 171,165 221,090 542,020 Lot 3 28.440 231,585 160,330 480,985 Lot 4 23.798 213,400 99,585 355,665 As shown in these tables, permitting variances greatly affects the quantity of marketable material at any extraction site. Material site extraction techniques may also have a large effect on quantities of extracted material recovered for sale. Quantities shown hereon are an estimate utilizing information available and reasonable assumptions. Sincerely, Gina DeBardelaben, PE McLane Consulting Inc. Attachments: a. Preliminary Plat, Beaver Loop Acres No. 3, December 2024 b. Beaver Loop Gravel Investigation Summary, March 2019 Page 99 Page 100 Page 101 3/29/2019 Page 102 Page 103 Page 104 Page 105 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 1 @ 9.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.32 % Sand Sample #:TH #1 D30 =1.20 46.2% Sample ID:sandy GRAVEL D60 =7.62 Specifications % Gravel Source:CC =0.60 No Specs 51.8% Project:Beaver Lp CU =24.16 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 2.1% Boring #: 1 Plastic Limit= n/a Fineness Modulus Depth:9.0'Plasticity Index=n/a 4.98 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 48.2%48.2% 4.00"100.00 100.0%#8 2.360 37.8%37.8% 3.00"75.00 100.0%#10 2.000 35.4% 2.50"63.00 100.0%#16 1.180 29.9%29.9% 2.00"50.00 100.0%100.0%#20 0.850 25.3% 1.75"45.00 99.4%#30 0.600 21.8%21.8% 1.50"37.50 98.4%98.4%#40 0.425 14.6% 1.25"31.50 95.7%#50 0.300 9.4%9.4% 1.00"25.00 92.7%92.7%#60 0.250 7.2% 7/8"22.40 89.9%#80 0.180 4.3% 3/4"19.00 86.2%86.2%#100 0.150 3.0%3.0% 5/8"16.00 81.9%#140 0.106 2.4% 1/2"12.50 76.9%76.9%#170 0.090 2.2% 3/8"9.50 67.7%67.7%#200 0.075 2.1%2.1% 1/4"6.30 54.6%#270 0.053 #4 4.75 48.2%48.2% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 106 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 2 @ 6.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.21 % Sand Sample #:TH #2 D30 =0.42 63.5% Sample ID:gravelly SAND D60 =3.20 Specifications % Gravel Source:CC =0.26 No Specs 34.8% Project:Beaver Lp CU =14.94 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.7% Boring #: 2 Plastic Limit= n/a Fineness Modulus Depth:6.0'Plasticity Index=n/a 3.81 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 65.2%65.2% 4.00"100.00 100.0%#8 2.360 57.2%57.2% 3.00"75.00 100.0%#10 2.000 55.7% 2.50"63.00 100.0%#16 1.180 52.3%52.3% 2.00"50.00 100.0%#20 0.850 48.3% 1.75"45.00 100.0%#30 0.600 45.3%45.3% 1.50"37.50 100.0%100.0%#40 0.425 30.0% 1.25"31.50 99.5%#50 0.300 19.1%19.1% 1.00"25.00 99.0%99.0%#60 0.250 13.8% 7/8"22.40 97.8%#80 0.180 6.3% 3/4"19.00 96.1%96.1%#100 0.150 3.1%3.1% 5/8"16.00 92.5%#140 0.106 2.3% 1/2"12.50 88.2%88.2%#170 0.090 2.0% 3/8"9.50 80.8%80.8%#200 0.075 1.7%1.7% 1/4"6.30 70.3%#270 0.053 #4 4.75 65.2%65.2% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification SP, Poorly graded Sand with Gravel 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 107 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 5 @ 6.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.17 % Sand Sample #:TH #5 D30 =0.86 50.1% Sample ID:silty sandy GRAVEL D60 =5.27 Specifications % Gravel Source:CC =0.84 No Specs 42.7% Project:Beaver Lp CU =31.24 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 7.2% Boring #: 5 Plastic Limit= n/a Fineness Modulus Depth:6.0'Plasticity Index=n/a 4.37 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 57.3%57.3% 4.00"100.00 100.0%#8 2.360 42.6%42.6% 3.00"75.00 100.0%#10 2.000 39.8% 2.50"63.00 100.0%#16 1.180 33.4%33.4% 2.00"50.00 100.0%#20 0.850 29.9% 1.75"45.00 100.0%#30 0.600 27.2%27.2% 1.50"37.50 100.0%100.0%#40 0.425 20.9% 1.25"31.50 99.0%#50 0.300 16.4%16.4% 1.00"25.00 97.9%97.9%#60 0.250 13.9% 7/8"22.40 96.8%#80 0.180 10.5% 3/4"19.00 95.3%95.3%#100 0.150 9.1%9.1% 5/8"16.00 92.4%#140 0.106 8.0% 1/2"12.50 88.9%88.9%#170 0.090 7.6% 3/8"9.50 81.7%81.7%#200 0.075 7.2%7.2% 1/4"6.30 65.3%#270 0.053 #4 4.75 57.3%57.3% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification SP-SM, Poorly graded Sand with Silt and Gravel 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 108 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 6 @ 10.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.41 % Sand Sample #:TH #6 D30 =6.24 25.1% Sample ID:sandy GRAVEL D60 =17.40 Specifications % Gravel Source:CC =5.52 No Specs 73.1% Project:Beaver Lp CU =42.95 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.8% Boring #: 6 Plastic Limit= n/a Fineness Modulus Depth:10.0'Plasticity Index=n/a 6.11 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 26.9%26.9% 4.00"100.00 100.0%#8 2.360 22.6%22.6% 3.00"75.00 100.0%#10 2.000 21.5% 2.50"63.00 100.0%#16 1.180 19.1%19.1% 2.00"50.00 100.0%100.0%#20 0.850 16.6% 1.75"45.00 97.6%#30 0.600 14.7%14.7% 1.50"37.50 94.1%94.1%#40 0.425 10.5% 1.25"31.50 86.4%#50 0.300 7.5%7.5% 1.00"25.00 78.1%78.1%#60 0.250 5.9% 7/8"22.40 72.2%#80 0.180 3.6% 3/4"19.00 64.5%64.5%#100 0.150 2.7%2.7% 5/8"16.00 56.1%#140 0.106 2.2% 1/2"12.50 46.3%46.3%#170 0.090 2.0% 3/8"9.50 36.7%36.7%#200 0.075 1.8%1.8% 1/4"6.30 30.1%#270 0.053 #4 4.75 26.9%26.9% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 109 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 9 @ 9.5' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.38 % Sand Sample #:TH #9 D30 =3.46 32.6% Sample ID:sandy GRAVEL D60 =15.89 Specifications % Gravel Source:CC =1.99 No Specs 65.5% Project:Beaver Lp CU =41.92 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 1.9% Boring #: 9 Plastic Limit= n/a Fineness Modulus Depth:9.5'Plasticity Index=n/a 5.84 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 34.5%34.5% 4.00"100.00 100.0%#8 2.360 26.1%26.1% 3.00"75.00 100.0%#10 2.000 24.3% 2.50"63.00 100.0%#16 1.180 20.3%20.3% 2.00"50.00 100.0%100.0%#20 0.850 17.4% 1.75"45.00 98.4%#30 0.600 15.2%15.2% 1.50"37.50 96.0%96.0%#40 0.425 11.1% 1.25"31.50 87.8%#50 0.300 8.1%8.1% 1.00"25.00 78.9%78.9%#60 0.250 6.5% 7/8"22.40 73.3%#80 0.180 4.1% 3/4"19.00 66.1%66.1%#100 0.150 3.1%3.1% 5/8"16.00 60.2%#140 0.106 2.4% 1/2"12.50 53.3%53.3%#170 0.090 2.2% 3/8"9.50 46.4%46.4%#200 0.075 1.9%1.9% 1/4"6.30 38.4%#270 0.053 #4 4.75 34.5%34.5% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GW, Well-graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 110 McLANE Consulting Inc. WAQTC FOP for AASHTO T27/T11 194008_TH 10 @ 8.0' Beaver Lp Soil Investigation Date :March 14, 2019 D10 =0.27 % Sand Sample #:TH #10 D30 =1.17 43.7% Sample ID:sandy GRAVEL D60 =8.78 Specifications % Gravel Source:CC =0.59 No Specs 52.4% Project:Beaver Lp CU =33.10 Sample Meets Specs % Silt & Clay Location: City of Kenai Liquid Limit= n/a n/a 3.8% Boring #: 10 Plastic Limit= n/a Fineness Modulus Depth:8.0'Plasticity Index=n/a 5.08 Coarse Actual Interpolated Fines Actual Interpolated Section Cumulative Cumulative Section Cumulative Cumulative Sieve Size Percent Percent Specs Specs Sieve Size Percent Percent Specs Specs US Metric Passing Passing Max Min US Metric Passing Passing Max Min 6.00"150.00 100.0%#4 4.750 47.6%47.6% 4.00"100.00 100.0%#8 2.360 37.4%37.4% 3.00"75.00 100.0%#10 2.000 35.2% 2.50"63.00 100.0%#16 1.180 30.1%30.1% 2.00"50.00 100.0%100.0%#20 0.850 26.2% 1.75"45.00 98.1%#30 0.600 23.2%23.2% 1.50"37.50 95.2%95.2%#40 0.425 16.3% 1.25"31.50 90.6%#50 0.300 11.4%11.4% 1.00"25.00 85.6%85.6%#60 0.250 9.4% 7/8"22.40 82.9%#80 0.180 6.6% 3/4"19.00 79.3%79.3%#100 0.150 5.5%5.5% 5/8"16.00 75.6%#140 0.106 4.5% 1/2"12.50 71.4%71.4%#170 0.090 4.2% 3/8"9.50 62.2%62.2%#200 0.075 3.8%3.8% 1/4"6.30 52.3%#270 0.053 #4 4.75 47.6%47.6% Copyright Spears Engineering & Technical Services PS, 1996-2005 USCS Classification GP, Poorly graded Gravel with Sand 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0.0010.010.11101001000 % P a s s i n g b y W e i g h t Grain Size in Millimeters Hydrometer Max Specs Min Specs Series5 Linear (Hydrometer) U.S. Standard Sieve Opening in Inches U.S. Standard Sieve Numbers Hydrometer Results Cobbles Gravels Sands SiltsCoarseFineCoarseMediumFine Clays 0%#41½10 16620 ¾30 50 100 200344020½ 20% 50% 60% 70% 10% 80% 30% 40% 90% 100% % R e t a i n e d b y W e i g h t POB 468 Soldotna, AK 99669 907-283-4218 samclane@mclanecg.comPage 111 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM Page 112 Page 113 Land Cover Kenai Peninsula Borough GIS Division Legend 0 0.09 Miles 0.18 3/30/2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This application was designed to provide information about landcover types on the Kenai Peninsula. It is intended for general informational purposes only and should not be used in place of any official information from an authoritative agency. All the datasets herein were mapped at a scale describing a much larger area than most parcels and therefore land cover boundaries may not match exactly with your property lines. Furthermore, land cover can change over time and the characteristics of a type may vary seasonally. The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. It is not intended to be used for measurement. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. KPB Boundary Highways Major Roads Roads Town Medium Volume Town Low/Seasonal; Other Proposed Parcels National Wetlands Inventory <all other values> Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Estuarine and Marine Deepwater Freshwater Pond Lake Riverine Other Boundary Footprint Image Red: Band_1 Green: Band_2 Blue: Band_3 Page 114 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-24 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 04901069. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Lot 2, Beaver Loop Acres Addition Number 3 KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901069 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on May 5, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have been met pursuant to Kenai Municipal Code 14.20.180(b); and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds the criteria are met as set forth in KMC 14.20.180(c): 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The variance permit is being requested to best utilize the resources of the current area. The property adjacent to the south is a currently permitted material site and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. The parcel adjacent to the east is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit (CUP) of the same type with similar buffer variance requests. Page 115 Resolution No. PZ2026-24 Page 2 of 3 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is conditionally allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the north, south, and west borders and zero foot (0’) buffer to the east would still allow for an adequate divide between sites while allowing for a better utilization of land space. As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. 5. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the request for a variance permit to build into the setbacks for the expanded surface extraction of natural resources of the property known as Lot 2, Beaver Loop Acres Addition Number 3, be approved. Section 2. That the variance permit is subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain all applicable permits and file all required Landscaping & Site Plans prior to beginning construction. Page 116 Resolution No. PZ2026-24 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026. Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 117 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-24 - Variance Permit – Setback Request The applicant is requesting a variance permit for setback requirements for the surface extraction of natural resources Staff Recommendation Adopt Resolution No. PZ2026-24 Granting a Variance Permit for the Surface Extraction of Natural Resources Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Lot 2 Beaver Loop Acres Addition Number 3 Property Addresses: No Physical Address KPB Parcel Nos.: 04901069 Lot Sizes: 28.45 Acres Zoning: Rural Residential Current Land Use: Vacant / Undeveloped Land Use Plan: Parks, Recreation, & Open Space SUMMARY The applicant is proposing a one-hundred foot (100’) excavation into the setback to the south, west, and north property lines. The applicant is also requesting a zero foot (0’) setback to the east property line that serves as the divider between an adjoining property also owned by Colaska. This would leave a fifty foot (50’) setback on the south, west, and north property lines. Page 118 Resolution No. PZ2026-24 Variance Permit Setback Requirements Page 2 of 3 ANALYSIS Pursuant to KMC 14.20.180(a), the intent of a variance permit is to provide relief to the development requirements of KMC Chapter 14.20 when the literal enforcement would deprive a property owner of the reasonable use of his/her real property. Prior to granting a variance permit, the Commission shall find that all the conditions have been met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria. Criteria 1: Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The variance permit is being requested to best utilize the resources of the current area. The property adjacent to the south is a currently permitted material site and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. The parcel adjacent to the east is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit (CUP) of the same type with similar buffer variance requests. Criteria 2: The special conditions or circumstances have not been caused by actions of the applicant, and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. Criteria 3: The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is conditionally allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. Criteria 4: The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the north, south, and west borders and zero foot (0’) buffer to the east would still allow for an adequate divide between sites while allowing for a better utilization of land space. As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. Criteria 5: The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the CUP. Page 119 Resolution No. PZ2026-24 Variance Permit Setback Requirements Page 3 of 3 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the variance permit were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion on July 17, 2026. The property owner submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the variance permit request. No public comment has been received at the time of this report and there are no stated objections STAFF RECOMMENDATION Staff finds that the proposed variance request meets the criteria for issuance of a Variance Permit as set forth in Kenai Municipal Code Section 14.20.180(c), and hereby recommends that the Planning and Zoning Commission approve the variance permit, subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain applicable permits and file all required Landscaping & Site Plans prior to beginning construction. ATTACHMENTS Aerial Map Application Site Plan Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-25 - Variance Permit – Setback Request The applicant is requesting a variance permit for setback requirements for the surface extraction of natural resources Staff Recommendation Adopt Resolution No. PZ2026-25 Approving a Variance Permit for the Surface Extraction of Natural Resources Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Lot 3 Beaver Loop Acres Addition Number 3 Property Addresses: No Physical Address KPB Parcel Nos.: 04901070 Lot Sizes: 28.45 Acres Zoning: Rural Residential Current Land Use: Vacant / Undeveloped Land Use Plan: Parks, Recreation, & Open Space SUMMARY The applicant is proposing a fifty foot (50’) excavation into the setback to the south, east, and north property lines. The applicant is also requesting a zero foot (0’) setback to the west property line that serves as the divider between the adjoining property also owned by Colaska. Page 126 Resolution No. PZ2026-25 Variance Permit Setback Requirements Page 2 of 3 ANALYSIS Pursuant to KMC 14.20.180(a), the intent of a variance permit is to provide relief to the development requirements of KMC Chapter 14.20 when the literal enforcement would deprive a property owner of the reasonable use of his/her real property. Prior to granting a variance permit, the Commission shall find that all the conditions have been met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria. Criteria 1: Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The variance permit is being requested to best utilize the resources of the current area. The properties adjacent to the south and west are currently permitted material sites and the property to the north is undeveloped wetland owned by the City of Kenai and Alaska DNR. The parcel adjacent to the west is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit (CUP) of the same type with similar buffer variances. Criteria 2: The special conditions or circumstances have not been caused by actions of the applicant, and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not constitute a pecuniary hardship or inconvenience. Criteria 3: The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. Criteria 4: The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the north, south, and east borders and zero foot (0’) buffer to the west would still allow for an adequate divide between sites while allowing for a better utilization of land space. As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. Criteria 5: The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the CUP. Page 127 Resolution No. PZ2026-25 Variance Permit Setback Requirements Page 3 of 3 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the variance permit were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion on May 8, 2026. The property owner submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the variance permit request. No public comment has been received at the time of this report and there are no stated objections STAFF RECOMMENDATION Staff finds that the proposed variance request meets the criteria for issuance of a Variance Permit as set forth in Kenai Municipal Code Section 14.20.180(c), and hereby recommends that the Planning and Zoning Commission approve the variance permit, subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain applicable permits and f ile all required Landscaping & Site Plans prior to beginning construction. ATTACHMENTS Aerial Map Application Site Plan Page 128 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-25 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 0490107. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Lot 3, Beaver Loop Acres Addition Number 3 KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901070 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on May 5, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have been met pursuant to Kenai Municipal Code 14.20.180(b); and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds the criteria are met as set forth in KMC 14.20.180(c): 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The variance permit is being requested to best utilize the resources of the current area. The property adjacent to the northeast and southeast is a currently permitted material site and the property to the north are undeveloped wetlands owned by the City of Kenai and Alaska DNR. The parcel adjacent to the east is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit (CUP) of the same type with similar buffer variance requests. Page 129 Resolution No. PZ2026-25 Page 2 of 3 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is conditionally allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the north, south, and west borders and zero foot (0’) buffer to the east would still allow for an adequate divide between sites while allowing for a better utilization of land space. As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. 5. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the request for a variance permit to build into the setbacks for the expanded surface extraction of natural resources of the property known as Lot 3, Beaver Loop Acres Addition Number 3, be approved. Section 2. That the variance permit is subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain all applicable permits and file all required Landscaping & Site Plans prior to beginning construction. Page 130 Resolution No. PZ2026-25 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026. Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-26 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 0490107. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Tract 1, Tundra Rose Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04911029 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on May 5, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have been met pursuant to Kenai Municipal Code 14.20.180(b); and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on July 29, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds the criteria are met as set forth in KMC 14.20.180(c): 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The adjacent property to the west is an undeveloped lot owned by the Kenai Peninsula Borough. The subject parcel will be providing access to the adjacent property to the northwest, Lot 3 Beaver Loop Acres Addition Number 3, that is currently being petitioned by Colaska for a conditional use permit for extraction of natural resources. The requested variance aligns with other variance permits granted for similar sites in the area. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Page 137 Resolution No. PZ2026-26 Page 2 of 3 Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is allowed within the current zoning district subject to obtaining a CUP and is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the west property line will still allow for adequate buffer space from the adjacent undeveloped property. The properties to the north and east are both owned by the applicant and will not be impacted by the requested variance. The property line to the south will maintain the Code required two hundred foot (200’) buffer from Beaver Loop Road and one hundred fifty foot (150’) buffer from the property to the southwest. 5. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the current principal use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the request for a variance permit to build into the setbacks for the expanded surface extraction of natural resources of the property known as Tract 1, Tundra Rose Subdivision, be approved. Section 2. That the variance permit is subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain all applicable permits and file all required Landscaping & Site Plans prior to beginning construction. Page 138 Resolution No. PZ2026-26 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF JULY, 2026. Jeanne Keaton, Chair ATTEST: ______________________________________ Logan Parks, Deputy City Clerk Page 139 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-26 - Variance Permit – Setback Request The applicant is requesting a variance permit for setback requirements to the west property line Staff Recommendation Adopt Resolution No. PZ2026-26 Approving a Variance Permit for Setback Requirements to the West Property Line Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Tract 1, Tundra Rose Subdivision Property Addresses: 2817 Beaver Loop Road KPB Parcel Nos.: 04911029 Lot Sizes: 11.64 Acres Zoning: Rural Residential Current Land Use: Material Site for Surface Extraction of Natural Resources Land Use Plan: Low Density Residential SUMMARY The applicant is proposing a fifty foot (50’) excavation into the setback to the west property line, adjacent to a Kenai Peninsula Borough property, with no change to the setback distance from the residential lot in the southwest corner. Page 140 Resolution No. PZ2026-26 Variance Permit Setback Requirements Page 2 of 3 ANALYSIS Pursuant to KMC 14.20.180(a), the intent of a variance permit is to provide relief to the development requirements of KMC Chapter 14.20 when the literal enforcement would deprive a property owner of the reasonable use of his/her real property. Prior to granting a variance permit, the Commission shall find that all the conditions have been met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria. Criteria 1: Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Findings: The adjacent property to the west is an undeveloped lot owned by the Kenai Peninsula Borough. The subject parcel will be providing access to the adjacent property to the northwest, Lot 3 Beaver Loop Acres Addition Number 3, that is currently being petitioned by Colaska for a conditional use permit for extraction of natural resources. The requeste d variance aligns with other variance permits granted for similar sites in the area. Criteria 2: The special conditions or circumstances have not been caused by actions of the applicant, and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Findings: The proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. Criteria 3: The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Findings: The proposed use is allowed within the current zoning district subject to obtaining a CUP and is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. Criteria 4: The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Findings: The proposed buffer of fifty feet (50’) along the west property line will still allow for adequate buffer space from the adjacent undeveloped property. The properties to the north and east are both owned by the applicant and will not be impacted by the requested variance. The property line to the south will maintain the Code required two hundred foot (200’) buffer from Beaver Loop Road and one hundred fifty foot (150’) buffer from the property to the southwest. Criteria 5: The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. Findings: The requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the current principal use of the property. Page 141 Resolution No. PZ2026-26 Variance Permit Setback Requirements Page 3 of 3 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the variance permit were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion on July 17, 2026. The property owner submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the variance permit request. No public comment has been received at the time of this report and there are no stated objections STAFF RECOMMENDATION Staff finds that the proposed variance request meets the criteria for issuance of a Variance Permit as set forth in Kenai Municipal Code Section 14.20.180(c), and hereby recommends that the Planning and Zoning Commission approve the variance permit, subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain applicable permits and file all required Landscaping & Site Plans prior to beginning construction. ATTACHMENTS Aerial Map Application Site Plan Page 142 Page 143 Page 144 Page 145 Page 146 June 22, 2026 – 7:30 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2028 Diane Fikes City of Kenai Term Expires 2028 Paul Whitney City of Soldotna Term Expires 2027 Franco Venuti City of Homer Term Expires 2027 Vacant City of Seward Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2028 Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Planning Commission 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.) ACTION ITEMS CURRENTLY ON CONSENT AGENA *3. Administrative Approvals a. Lind Subdivision Barsargin Addition; KPB File 2025-027 *4. Final Approvals a. Johnson’s Landing No. Four; KPB File 2025-176 b. Shoreline Heights 2025 Replat; KPB File 2025-168 c. Shoreline Heights Hanson Vacation Within Lot 48; KPB File 2025-169 *6. Excused Absences a. Vacant, City of Seward *7. Minutes a. June 8, 2026 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (7- Yes, 1-Absent). D. UNFINISHED BUSINESS 1. Conditional Land Use Permit Modification; PC Resolution 2026-29 Applicant: Colaska Inc. dba QAP Findings Discussion Planning Commission Page 147 E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters - (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Building Setback Encroachment Permit; KPB File 2026-057 PC Resolution 2026-33 Fineline Surveys / Swan Request: Permits a 36' X 48' shop's southwest corner to remain 6.6 feet into the 20' building setback and the southeast corner to remain 6.1' into the 20' building setback, fronting Karluk Avenue Location: Lot 10 Block 6 Mariners Watch Subdivision Part 1, Plat KN 78-44 Motion to adopt Planning Commission Resolution 2026-33 granting a building setback encroachment permit t a portion of the 20’ building setback for Lot 10, Block 6, Mariners Watch Subdivision Part 1, passed by unanimous vote (7-Yes, 1-Absent) 2. Conditional Use Permit; PC Resolution 2026-34 Applicant/Owner: Wearly Catching Silvers, LLC Request: To place a cabin on a gravel parking pad within the 50’ Habitat Protection District of the Kenai River Parcel ID 05525312 Physical Address: 45439 Catching Silvers Drive Soldotna Area Motion to adopt Planning Commission Resolution 2026-34 granting a conditional use permit pursuant to KPB 21.18 for the construction of a gravel pad and cabin withing the 50’ habitat Protection District of the Kenai River F. PLAT COMMITTEE REPORT – The plat committee will review 5 plats. G. OTHER H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) I. DIRECTOR’S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, July 20, 2026 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planning@kpb.us Page 148 website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of rights-of-way, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, 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. Page 149 Kenai City Council - Regular Meeting Page 1 of 3 July 08, 2026 Kenai City Council - Regular Meeting July 08, 2026 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action 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 council and will be approved by one motion. There will be no separate discussion of these items unless a council 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. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker; twenty (20) minutes aggregated) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY Ordinance No. 3531-2026 - Increasing Estimated Revenues and Appropriations in the Kenai Recreation Center Improvements Capital Project Fund and Accepting a Grant from the Energy Efficiency and Conservation Block Grant Program to Replace Lighting in the Kenai Recreation Center. (Administration) 2. ENACTED UNANIMOUSLY Ordinance No. 3532-2026 - Determining that the Proposed Subdivision of Dena'ina Point Estates Serves Other City Purposes, Authorizing the City to Share in Subdivision Costs, and Increasing Estimated Revenues and Appropriations in the General Fund - Lands Administration in the Amount of $54,219. (Administration) 3. ENACTED UNANIMOUSLY Ordinance No. 3533-2026 - Increasing Estimated Revenues and Appropriations for the Senior Center Canopy Roof Replacement and Authorizing a Contract Award for the Animal Control and Senior Center Canopy Roof Replacement Project. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 4. ENACTED UNANIMOUSLY Resolution No. 2026-51 - Authorizing the City Manager to Execute a Memorandum of Understanding with Tidewater, LLC Regarding the Planning, Page 150 Kenai City Council - Regular Meeting Page 2 of 3 July 08, 2026 Replatting, and Potential Phased Development of Dena’ina Point Estates Subdivision. (Administration) 5. ADOPTED UNANIMOUSLY Resolution No. 2026-52 - Authorizing a Contract Award for the Kenai Municipal Airport Concessions. (Administration) 6. ADOPTED UNANIMOUSLY Resolution No. 2026-53 - Authorizing a Contract Award for the Park Pavilion Construction Project and Redirecting Capital Funds in the Parks Improvement Capital Project Fund for the Project. (Administration) F. MINUTES 1. *Regular Meeting of June 17, 2026. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit for Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin. (Administration) 4. *Action/Approval - Approving the Official Bond Amounts for City Manager, City Clerk and Finance Director. (Administration) 5. *Action/Approval - Non-Objection to the Issuance of a Retail Marijuana Store License for Fat Tops, LLC DBA Fat Tops, LLC - License No. 42816. (City Clerk) 6. *Ordinance No. 3534-2026 - Amending Kenai Municipal Code 7.25.030 - Unbudgeted Appropriations, to Allow the City Manager to Appropriate Donations and Grants Under Ten Thousand Dollars. (Askin, Grieme) 7. *Ordinance No. 3535-2026 - Removing Public Purpose Designations on Kenai Peninsula Borough Parcel Numbers 04711308, 04711309, 04711310, 04711311, 04711312, and 04108003, to Accommodate Disposal Recommendations in the City of Kenai Land Management Plan. (Administration) I. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Parks and Recreation Commission 4. Planning and Zoning Commission 5. Beautification Commission J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney Page 151 Kenai City Council - Regular Meeting Page 3 of 3 July 08, 2026 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk at 907-283-8231. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/UIT3VnHtT3W1XC6l8Gep2w Page 152