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HomeMy WebLinkAbout2026-10-14 Planning and Zoning MinutesKENAI PLANNING & ZONING COMMISSION - REGULAR MEETING OCTOBER 14, 2026 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR KEATON, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on October 14, 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 Gwen Woodard Diane Fikes 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 Sonja Earsley Stacie Krause Marty Askin 3. Agenda and Consent Agenda Approval Chair Keaton noted the following additions to the Packet: Add to item F.1. Public Comment • PZ2026-32 MOTION: Commissioner Askin MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Woodard 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 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 Planning & Zoning Commission Page 1 of 7 October 14, 2026 1. *Regular Meeting of September 23, 2026. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS 1. Resolution PZ2026-32 - Granting a Conditional Use Permit For a Cabin Rental of a Single -Family Dwelling on Parcel 04326047 Located at 502 Ash Avenue. MOTION: Commissioner Askin MOVED to approve Resolution PZ2026-32. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-32. Chair Keaton opened the floor for public comment. Stephanie Nella Lenzini-LeBaron, applicant, spoke in support of Resolution PZ2026-32, noting the property has been better maintained without long-term rentals and that short-term rentals allow for greater access between occupants to maintain the interior and exterior of the property. Bob Malloy, neighboring property owner, spoke in opposition to Resolution PZ2026-32, noting concerns regarding the compatibility of short-term rentals with the neighborhood's established single-family residential character; questioned the findings supporting the Conditional Use Permit and noted concern that approval could set a precedent for additional short-term rentals, potentially reducing housing opportunities for families; and urged the Commission to deny the application and submitted additional written comments for the record. Kristine Schmidt, neighboring property owner, spoke in opposition to Resolution PZ2026-32, noting concerns regarding the compatibility of short-term rentals with the neighborhood's established single- family residential character; questioned the sufficiency of evidence supporting the Conditional Use Permit; the enforceability of proposed house rules; potential parking and traffic impacts; the lack of on - site supervision; disputed findings in the staff report regarding a previous denied application for a similar use; urged the Commission to deny the application; and referenced comments and supporting documentation submitted for the record. Stephanie Nella Lenzini-LeBaron, applicant, provided additional comments clarifying that a previous Conditional Use Permit for a daycare on the property had been approved by the City; and noted concerns regarding past interactions with the neighboring property owners; and previous long-term tenants caused significant damage to the property and operating a short-term rental would allow for improved property maintenance and oversight while retaining ownership of the home. Bob Malloy, neighboring property owner, provided additional comments disputing statements made by the applicant and clarifying the purpose of photographs submitted for the record; and reiterated concerns regarding vacant and damaged properties in the neighborhood and the potential for approval of the Conditional Use Permit to establish a precedent for additional short-term rentals, potentially reducing housing opportunities for families. Kristine Schmidt noted concerns regarding personal remarks made during public testimony and requested individuals be given an opportunity to respond to such remarks or that they be limited by the Commission. Planning & Zoning Commission Page 2 of 7 October 14, 2026 There being no one else wishing to be heard, the public comment period was closed. [Clerk's Note: Commissioner Woodard noted a potential conflict of interest due to living in the neighborhood of the subject property and requested to abstain from Commission discussion and voting. Chair Keaton determined that a conflict of interest existed, and Commissioner Woodard abstained from discussion and voting on the matter.] There was Commission discussion regarding the distinction between short-term rentals and traditional single-family residential uses, and clarification was requested regarding the City's land use regulations for short-term rentals. Staff clarified that the City's current land use code classifies short-term rentals as "Cabin Rentals," defined as the rental of detached dwelling units or buildings for overnight accommodations for fewer than 30 consecutive days; noted that potential revisions to the code have been discussed, but no changes have been adopted; and noted that there are currently no permitted short-term rentals on Ash Avenue, although short-term rentals exist elsewhere within the greater Woodland Subdivison. There was Commission discussion regarding the location of existing permitted short-term rentals within Woodland Subdivision; the distinction between resident and non-resident property owners; guest occupancy limits; parking requirements; quiet hours; and enforcement of rental rules. Staff clarified that no permitted short-term rentals exist within the Woodland Subdivision Part 1 and that the City's code does not distinguish between resident and nonresident property owners when applying for a Conditional Use Permit. The applicant provided clarification regarding guest screening; house rules; property management; and procedures for addressing disruptive behavior. Staff explained the proposed six -person occupancy limit was based on the number of bedrooms and public safety considerations, noting similar occupancy restrictions had not been imposed on previous Conditional Use Permits; and existing on -street parking regulations and quiet hours were included in the proposed conditions. VOTE: YEA: Askin, Krause, Keaton NAY: Earsley, Fikes ABSENT: Douthit ABSTAIN: Woodard MOTION PASSED. Chair Keaton noted the 15 -day appeal period. 2. Resolution PZ2026-33 - Granting a Conditional Use Permit for a Cabin Rental of a Single - Family Dwelling on Parcel 04328011 Located at 1123 Walnut Avenue. MOTION: Commissioner Askin MOVED to approve Resolution PZ2026-33. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-33 Chair Keaton opened the floor for public comment. Bruce Ladd, neighbor, spoke in opposition to Resolution PZ2026-33, noting concerns regarding the transient nature of short-term rental guests; guest screening and background checks; increased occupancy; potential impacts on neighboring livability; and acknowledged the property owners' efforts to address neighborhood concerns, including the installation of a privacy fence. Planning & Zoning Commission Page 3 of 7 October 14, 2026 Derek Fowler, applicant, spoke in support of the Conditional Use Permit, acknowledging concerns regarding short-term rentals and neighboring impacts; noting that guests were screened through Airbnb and are subject to house rules; the property is monitored through security cameras and communication with neighbors; the property serves as his primary residence and its rented primarily to families and temporary workers while he is away; he clarified his willingness to comply with all conditions and emphasized the importance of providing alternative lodging options for visitors. Sheila Fowler, applicant, spoke in support of the Conditional Use Permit, noting that guest screening procedures are in place through Airbnb and that rental activity generally results in less traffic than when her family occupies the residence; the positive experiences with guests and the benefits of providing accommodations for visitors to Kenai; and the opportunity short-term rentals provide for her family to travel during the summer. Seth Beverly, neighboring property owner, spoke in support of the Conditional Use Permit, noting the property had operated as a short-term rental for several summers without causing safety concerns or noise disturbances for his family. Kristine Schmidt, neighboring property owner, spoke in opposition of the Conditional Use Permit, noting concerns regarding the compatibility of short-term rentals with the single-family residential character of Woodland Subdivision and existing neighborhood covenants; off -site property management; questioned the classification of short-term rentals as cabin rentals under City code; and requested, if approved, the permit include a condition limiting rental activity to 75 days annually, consistent with the applicant's stated intentions. There being no one wishing to be heard, the public comment period was closed. [Clerk's Note: Commissioner Woodard noted a potential conflict of interest due to living in the neighborhood of the subject property and requested to abstain from Commission discussion and voting. Chair Keaton determined that a conflict of interest existed, and Commissioner Woodard abstained from discussion and voting on the matter.] There was Commission discussion regarding balancing property owners' rights with neighboring concerns and the distinctions between short-term rentals operated at a primary residence and those operated by nonresident owners. MOTION: Commissioner Fikes MOVED to include a condition for the rental to not exceed 75 days annually. Commissioner Earsley SECONDED the motion. VOTE ON MOTION TO AMEND: YEA: Fikes, Earsley NAY: Keaton, Krause, Askin ABSENT: Douthit ABSTAIN: Woodard MOTION FAILED TO AMEND. VOTE ON MAON MOTION: YEA: Earsley, Krause, Fikes, Keaton, Askin, NAY: None ABSENT: Douthit ABSTAIN: Woodard MAIN MOTION PASSED. Chair Keaton noted the 15 -day appeal period. 3. Resolution PZ2026-34 - Granting a Conditional Use Permit for the Extraction of Natural Resources on Parcel 04901068. Planning & Zoning Commission Page 4 of 7 October 14, 2026 MOTION: Commissioner Askin MOVED to approve Resolution PZ2026-34. Commissioner Earsley SECONDED the motion. Planning Director Buettner reported KMC 14.20.150(d) required an applicant or representative of the applicant must be present for the application to be considered at the public hearing, and if none were present the application should be dismissed. Chair Keaton opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION: Commissioner Askin MOVED to postpone indefinitely PZ2026-34 due to a lack of attendance of applicant. Commissioner Fikes SECONDED the motion. VOTE ON MOTION TO POSTPONE INDEFINITELY: YEA: Krause, Fikes, Woodard, Keaton, Askin, Earsley NAY: None ABSENT: Douthit MOTION POSTPONED INDEFINITELY. 4. Resolution PZ2026-35 - Granting the Application for a Variance Permit to Build Into the Setbacks for Expanded Extraction of Natural Resources on Parcel 04901068. MOTION: Commissioner Askin MOVED to approve Resolution PZ2026-35. Commissioner Woodard SECONDED the motion. Planning Director Buettner reported KMC 14.20.150(d) required an applicant or representative of the applicant must be present for the application to be considered at the public hearing, and if none were present the application should be dismissed. Chair Keaton opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Fikes, Woodard, Keaton, Askin, Earsley, Krause NAY: None ABSENT: Douthit MOTION DISMISSED. 5. Resolution PZ2026-36 - Approving the Withdrawal of the Application for a Variance Permit at 2817 Beaver Loop Road, on Parcel No. 04911029, Previously Approved by Resolution No. PZ2026-26. MOTION: Commissioner Askin MOVED to approve Resolution PZ2026-36. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-36. Chair Keaton opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was Commission discussion regarding the withdrawal procedures; and a request to include the original application materials in future packets for similar matters. Planning & Zoning Commission Page 5 of 7 October 14, 2026 Staff clarified that application fees were nonrefundable and that Resolution PZ2026-36 would formally document the withdrawal to ensure an accurate historical record. VOTE: YEA: Woodard, Keaton, Askin, Earsley, Krause, Fikes NAY: None ABSENT: Douthit MOTION PASSED. Chair Keaton noted the 15 -day appeal period. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. Action/Approval - Amending Noticing Requirements for Planning & Zoning and Land Administration to Modernize Procedures. MOTION: Commissioner Askin MOVED to amend noticing requirements for Planning & Zoning and Land Administration to modernize procedures. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet. Kristine Schmidt spoke in opposition to amending noticing requirements, noting concerns regarding reduced public notice; transparency and community outreach; emphasized the importance of newspaper publication in providing accessible public notice; questioned the effectiveness of relying on the City's website; and concerns regarding the potential financial impact on the local newspaper and urged the Commission to retain newspaper publication requirements in addition to website postings. There was Commission discussion regarding proposed changes to public notice requirements, including the impact of newspaper publication schedules on application processing timelines and opportunities to improve public outreach. Staff clarified proposed changes would eliminate newspaper publication requirements while maintaining existing mailed notices, property signage, and notification distance requirements, and requiring notices to be posted in at least three public locations and on the City's website. Additional Commission discussion addressed encouraging applicants to notify neighboring property owners; improving property signage with direct website links or OR codes; and exploring additional notification methods through social media and radio announcements. VOTE: YEA: Keaton, Askin, Earsley, Krause, Fikes, Woodard NAY: None ABSENT: Douthit MOTION PASSED. I. REPORTS 1. Planning Director - No report. 2. Commission Chair - No report. 3. Kenai Peninsula Borough Planning Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. Planning & Zoning Commission Page 6 of 7 October 14, 2026 4. City Council Liaison Council Member Daniel reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENTS Kristine Schmitt noted concerns regarding the City's Conditional Use Permit process and recommended reviewing the land use table to address the expansion of commercial uses into residential neighborhoods; public participation timelines; access to application materials; the objectivity of staff reports; the consideration of neighborhood impacts; and recommended increasing the 300 -foot public notification radius; improving transparency and opportunities for public input; and reviewing the City's Comprehensive Plan for potential updates. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: October 28, 2026 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Fikes thanked members of the public for their testimonies and for participation in the meeting. 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 9:08 p.m. I certify the above represents accurate minutes of the Kenai Planning & Zoning Commission meeting of O ber14,2. 6. PogaqqVPir1k-s, eputy City Clerk Planning & Zoning Commission Page 7 of 7 October 14, 2026