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5/27/2026 Planning & Zoning Commission Regular Meeting

Alaska News • May 27, 2026 • 93 min

Source

5/27/2026 Planning & Zoning Commission Regular Meeting

video • Alaska News

Articles from this transcript

Kenai commission imposes quiet hours on short-term rental, reviving debate over neighborhood rules

Kenai Planning & Zoning Commission approves conditional use permit for short-term rental with mandatory quiet hours after debate over differential treatment of vacation rentals versus long-term rentals in residential zones.

AI
Manage speakers (11) →
3:56
Keeton

Good evening, everybody. I'd like to call the May 27, 2026 Planning and Zoning Commission regular meeting to order. If you are able, please rise and join me in the Pledge of Allegiance.

4:10
Keeton

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. All right, may we have the roll call, please? Thank you. Commissioner Ersley?

4:33
Speaker B

Present. Commissioner Kraus? Here. Commissioner Fikes? Here.

4:40
Speaker B

Commissioner Woodard? Here. Vice Chair Dothit? Here. Chair Keeton?

4:47
Speaker B

Here. Commissioner Askin?

4:58
Speaker B

Commissioner Askin?

5:02
Speaker B

I see that he's online and I heard from him earlier, so I believe he's here. You have a quorum. Yes, I'm present. Sorry about that.

5:11
Keeton

You're okay, Marty.

5:19
Keeton

Um, Commission, before we get to agenda and consent agenda approval, I'd like to bring your attention to the laydown materials. Um, we have requested additions to the packet. Item F2, Resolution PZ-2026-11.

5:45
Keeton

Oh yeah, all of these are, uh, requested by the Planning Director. Add Item F3, Resolution PZ-2026-12. Add Item F3, public comment. Add Item F4, Resolution PZ2026-13. Add item F4, public comment.

6:09
Keeton

Add item Resolution PZ2026-15. Add item F7, Resolution PZ2026-16.

6:28
Keeton

And then there's, uh, Add Item F7 again as the rezone memo.

6:36
Keeton

Are there— is there a motion to approve the agenda and the consent agenda?

6:45
Speaker D

I move, I move that we approve the agenda and the consent agenda along with laydowns. Thank you. A second? Second. Thank you.

6:58
Keeton

Are there any additional revisions to the agenda or consent agenda from commissioners?

7:05
Speaker B

Would the clerk please read the consent agenda items into the record? Thank you, Chair. The regular meetings of April 29th, 2026, and May 13th, 2026 minutes. And that is your consent agenda. Thank you.

7:27
Keeton

Are there any public comments on any of the consent agenda items just read by the clerk?

7:36
Keeton

Seeing none, uh, can I get a motion for unanimous consent?

7:45
Keeton

I ask for unanimous consent. Thank you. Unanimous consent was requested. Are there any objections? Thank you.

7:53
Keeton

Hearing no objections, the agenda and consent agenda are approved.

8:02
Keeton

At this time, we have no scheduled public comment. Item D, unscheduled public comment. Is there anyone from the public wishing to speak to anything that is not on the agenda?

8:18
Keeton

Clerk, are there any remote attendees wishing to speak? Oh, sorry, I'm sorry, I'm sorry. Uh, no, you're fine. Um, we're going to get to you. Yes, when we talk about your issue.

8:40
Keeton

All right. Okay, thank you. I appreciate that.

8:46
Keeton

And having no one wishing to speak, Section E, consideration of plats, we have none. Public hearings.

8:57
Keeton

The first public hearing before us tonight is Resolution PZ-2026-10, granting a conditional use permit for a cabin rental of a single-family dwelling at 1003 Skyler Lane. Is there a motion to approve Resolution PZ-2026-10?

9:18
Dothit

Make a motion for approval of Resolution PZ-2026-10.

9:24
Keeton

Thank you. Is there a second? Second. Thank you.

9:29
Butner

Director Butner, can we have the staff report, please? Thank you, Chair Keeton. The applicant is requesting conditional use permit to operate a cabin rental at the existing single-family dwelling. A CUP is required to operate a cabin rental in the suburban residential zoning district. Pursuant to KMC 1420.150, the intent of 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.

9:58
Butner

Prior to granting a conditional use permit, the commission shall determined that the identified criteria as outlined in KMC 1420.150 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. The suburban residential zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is to separate residential structures to an extent which will allow for adequate light air and privacy, and to prohibit uses which would, A, violate the residential character of the environment, B, generate heavy traffic in predominantly residential areas. Staff finds that the proposed use would not violate the residential character of the neighborhood, as it will remain a single-family dwelling used the same way as a normal single-family home, which would be used just for a shorter time frame.

10:51
Butner

Traffic flow is not anticipated to be affected negatively by the proposed use, as there will be only the number of guests to the property will be limited, and there's adequate off-road parking available. Staff finds that the proposed use meets the intent of the Suburban Residential Zoning District. Criteria 2, the economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired. Staff finds that the proposed use is not expected to have any negative impact on the value of the neighborhood, as the owners will be maintaining the condition of the home, keeping a tidy and self-described homey appearance to put guests at ease and provide the comforts of a home away from home for guests. Property owner states that they will have strict rules and guidelines for guests, ensuring that the daily routines of the neighborhood will not be impacted.

11:33
Butner

Criteria 3, the proposed use is in harmony with the comprehensive plan. Staff finds that the land use plan in the City of Kenai comprehensive plan identifies the subject property with a suburban residential land use classification, which is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density. Lots are typically smaller, and public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard, and large subdivisions may be required to provide sidewalks and public areas.

12:05
Butner

Parks and open space land uses may be considered appropriate. Surrounding lots consist of a mix of established residential homes and vacant, uncleared lots. The proposed use is in harmony with the current use of the neighborhood as well as the planned use. As stated by the applicant, the proposed use of cabin rental is consistent and in harmony with several goals of the Comprehensive Plan, specifically Goals 1, 2, and 3 listed below. In Imagine Kenai 2030 Comprehensive Plan Chapter 6, Goals, Objectives, and Implementation, several goals and objectives are met from the proposed use.

12:39
Butner

Goal 1, Quality of Life, is to promote and encourage quality of life in Kenai. Objective Q1: Ensure that Kenai is a community where people and property are safe. Objective Q2: Protect and rejuvenate the livability of existing neighborhoods. And Objective Q4: Promote the siting and design of land uses that are in harmony and scale with the surrounding areas. Goal 2: Economic Development is to provide economic development to support the physical health of Kenai.

13:03
Butner

Objective ED9: Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events. Goal 3: Land uses to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU2: Promote the infill of existing improved subdivision lots. Criteria 4: Public services and facilities are adequate to serve the proposed use.

13:36
Butner

Staff finds that the property is accessible via paved city-maintained road that allows for guests, property owners, law enforcement, or emergency services to easily access that lot. Site is currently served by city water and sewer, and the account is currently in good standing. Additionally, the site has been— has established connections with electric and natural gas. Criteria 5: Proposed use will not be harmful to the public safety, health, or welfare. The applicants have stated that the property will have a strict no party, no smoking, no drug use policy to mitigate any potential risk to persons or property.

14:08
Butner

The property owners live nearby and will be readily available during guest stays to ensure Compliance. Should be just compliance. Sorry. All required safety protocols such as the upkeep of smoke alarms and carbon monoxide detectors will be followed and fire inspections will be performed biannually. Trash will be disposed of weekly by property owners and adequate trash receptacles will remain on site.

14:29
Butner

Staff finds no reason that the proposed use will be harmful to the 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.

14:51
Butner

Staff finds that allowing short-term rentals for— from the existing single-family dwelling would not cause any adverse impacts on surrounding properties, and that specific conditions are deemed— are not deemed necessary to fill the above-mentioned conditions. Pursuant to KMC 1422-ADC, notices of the public hearing for the conditional use were mailed to property owners within a 300-foot periphery of the subject property. City staff— 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. Um, no public comments have been received at the time of this report.

15:32
Butner

Staff finds that the proposed conditional use for cabin rental in the existing single-family dwelling On the property described as Lot 2, Windhaven Estates Phase 3 meets the criteria for issuance of a conditional use permit as set forth in subsections E-1 through E-6 of Kenai Municipal Code 1420.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-10 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. Pursuant to KMC 1420-150-F, the applicant shall submit an annual report including summary of on-site activity to the City of Kenai due no later than December 31st of each year. The applicant will meet with city staff for on-site inspections when requested. 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 1420-150-L5.

16:32
Butner

The applicant will have a routine fire inspection performed every 2 years, and the applicant will ensure the property will be adequately maintained and kept free of trash or junk.

16:44
Keeton

Thank you. Is there a motion to— sorry, if the applicant is present or on Zoom, can you please come to the microphone and speak if it's your— if you'd like to? Come on up. Give us your name and your city where you live.

17:05
Keeton

Press the button. Perfect. Braden Pitch, Kenai.

17:11
Butner

Go ahead. I'll just talk. Yeah. Good evening. Red button.

17:17
Braden Pitch

There you go. Good evening, members of the zoning committee. I'm excited to present our home as a potential Airbnb option in the neighborhood. By welcoming guests, we expect a boost in the local income as visitors will support nearby restaurants, shops, and services. To ensure we're great neighbors, we'll have quiet hours from 10 PM to 6 AM.

17:39
Braden Pitch

We'll take out trash weekly, ensure all guest parking is on the driveway, no street parking, and avoid any disruption to bus routes. We'll be staying in Sedona, just a 15-minute drive away. So we'll personally manage the rental all summer. If we need to be out of town, a family member will oversee it. This will be a seasonal summer rental also, or only.

18:03
Braden Pitch

Thank you for your time, and we're— and I'm happy to answer any questions.

18:09
Fikes

Through the chair, what are your plans for the winter, um, for the property if there's any issues?

18:18
Braden Pitch

We're going to live there during the winter, wintertime. It's just a summertime. We just recently bought this house and it's a— I'm a teacher and my wife is a nurse, so it's a little bit out of our budget even though it's just a small hall home. But with just how housing is, we're having trouble paying for it. So this is a way that we've come up with to pay for it.

18:40
Fikes

So we'll live there all winter long. And sorry, that was a long way to answer your question. Okay, so if there's any burst pipes or any kind of problems at the property, you will be there during the winter to address them? Okay, that was my concern.

18:56
Dothit

Um, I just like to say thank you for coming before us and doing this conditional use permit the way that the city requires to be done. A vast majority of Airbnb owners and short-term rentals don't do this process, so thank you for doing that and following all the rules and regulations. I would just like to see I didn't see it in the application specifically as part of rule. You said you would have the quiet hours. Is this something— I didn't see it in there, maybe mistake through the staff.

19:23
Dothit

Is that in the actual conditional use permit as a stipulation for quiet hours?

19:29
Dothit

As it is, through the chair, as it is drafted, no, but you could, if you want to add it as a condition to the permit, you could amend the resolution as it stands. Okay, so that would be one thing I would just like to say is that I know we've done these in the past and can quiet hours being on the actual conditional permit as a stipulation. I know you've attested to being new to that, so I would just like to add that, um, to that 10 to 6 like you had granted. You're already going to have it, it's in your regulations, but that way it's on our actual permit also. So other than that, thank you.

20:01
Butner

Uh, I just have a question for staff. Logan, if that's already addressed as part of somebody's testimony and they're the applicant Is that automatically incorporated into the—. I will defer that to Planning Director Butner. It would be as part of the, um, public testimony, as part of the public record. But it, um, to Vice Chair Douthit's, um, uh, intent, I think that if we're looking back several years, we would know it now.

20:28
Butner

But, um, if we're looking back to, you know, renew a permit or something like that I think it would be cleaner to have it as an amendment.

20:39
Dothit

Sorry, I believe we've done that in the past where the quiet hours— there's kind of with some of these conditional use permits— excuse me, the chair— is that there's a few things, and you hit on pretty much all of them, the, the bullet points there, you know, making sure we have somebody to take care of the property in, in-state, making sure we have quiet hours, just stuff that you've already stated you're going to do. But I'd like to at least get the quiet hours in the conditional use permit. So, you know, if we were to change hands, somebody wants to do another conditional, but renew insurance for the conditional it's already in the writing that it's there. So, um, I would like to make that amendment. Um, the 10 to 6, I believe, is the hours you already put in yours, so I would be fine with putting those in there as the amendment.

21:18
Speaker D

I'll second that.

21:22
Speaker D

I got a question. Um, apologize for, uh, not knowing the answer to this already. Does zoning require quiet hours in that neighborhood?

21:35
Butner

Um, through, through the chair, uh, the city itself does not have a, a noise ordinance or quiet hours. Um, it's generally self, um, what, self-enforced. Uh, so it could be in the CC&Rs. I haven't seen anything in that neighborhood. Um, we, again, the city couldn't enforce it, but if it is in the conditional use permit, then that would allow us to, um, I'm not going to say enforce it, but if we were to receive a complaint or something like that, we would have something in writing which this commission then could launch an investigation at that point.

22:08
Speaker D

What's the square footage of this home? How many bedrooms and bathrooms?

22:13
Speaker D

3-Bed, 2-bath, 1,500, if I believe, square feet. Do you have a maximum occupancy rate for that home? A maximum occupancy, like for the Airbnb? Correct. So a lot of times when I'm booking an Airbnb, it'll say 5 bedrooms, a maximum of 12 individuals occupancy, that type of thing.

22:36
Speaker D

Max occupancy, um, number 8 has come— is coming to my head, but I, I don't remember putting one. But I'm not sure if we've put that. We haven't listed it, so we will whenever we list it. I'm just trying to determine why a quiet hours would need to be incorporated into a daily, weekly rental when we have many other rentals in that neighborhood that year-round rentals that don't have quiet hours. So I, I'd like it to make sense to me why we need quiet hours.

23:14
Fikes

Um, through the chair, I'll just address it. It's just, I believe I'm speaking for myself, but just from history and being up here and hearing testimony from the audience as we get these applications moving forward, we were just trying to add some teeth to it. In the event that we have a negative impact on the neighborhood, we didn't really have a means for law enforcement to go out and respond and have a tool. So this was an idea during discussion to give them that tool. As far as noise, occupancy could be one thing, but if they're having events or parties or some kind of nature, even though it's stated no in there, again, this is something that on that 911 emergency or whatever response is something that's in writing that the city law enforcement can pull up at a moment's notice to hopefully get a resolution, and then we can go ahead and do an investigation.

24:04
Speaker D

But that was just some of the things that were brought up, uh, in the past discussions. Appreciate that. Um, the— I do see where this could— where quiet hours could be very important, especially in certain neighborhoods of which we know that there is a lot of issues. Um, I don't— I don't agree with quiet hours in this situation. I I don't think it's a problem.

24:26
Speaker D

I—. There's a basketball court on our road and basketballs are left right there. And sorry if you live in Inlet Woods, but kids come by and they play basketball all night, even teenagers walking by. No one's ever stole a basketball, and I don't mind that they're out there playing. I like the idea that they're keeping themselves away from trouble.

24:46
Dothit

If I may, through the chair, this is kind of a standard thing that we've done on multiple other short-term rental. This is a conditional use permit. It's substandard to the actual regular neighborhood, and so if we don't put it in now, it's nearly impossible to do it later. So usually we set these standards for short-term rentals. Short-term rentals tend to have— people are on vacation, they might get a little bit loud and that kind of thing.

25:11
Dothit

And currently it's one of the things the city doesn't have is a quiet hour or any kind of enforcement ability of that. But with a conditional use permit, when it comes to being substandard or out of the norm for that conditional zoning area. That's why we put that there. There, we're also— we've done it multiple others, um, pretty much everyone that I've ever been part of, we've done a conditional use permit as a regulation of, hey, we want to have quiet hours. So if there is a complaint, it's enforceability of, hey, go tell your people they need to quiet down.

25:37
Dothit

Otherwise, at midnight, somebody's having a party at the— or even just playing loud music because they're on vacation there's no repercussions. We can't really do anything because that— but that's why we have the conditional use permit. We put them in now, it's already being enforced with this gentleman. He's already saying they want to have quiet hours. We're just putting it in writing so that it's enforceable through the city, and that's why I'm in favor of that amendment.

25:58
Speaker D

Uh, I understand the concern. Um, again, I will just say that a lot of rentals there, uh, in that area, uh, long-term rentals and maybe short-term ones that didn't come in Um, but the idea that the house on either side of this home could be having a party late at night with a bonfire and people whooping it up and this home can't doesn't make sense to me. So that's just my— I'm against it. So I guess through the staff, if I could, I'll go ahead and present this amendment. I just need a second on the amendment for quiet hours.

26:36
Dothit

Okay, I didn't hear the second on that.

26:49
Keeton

Okay. Do you have anything else to add?

26:53
Keeton

No, I think that is it. Thank you for the time. Thank you. Is there anybody else that would like to speak? Oh, I'm sorry.

26:59
Speaker D

Uh, no.

27:05
Keeton

Is there anybody else that would like to speak about this particular project?

27:10
Keeton

Really? That is great. That's wonderful.

27:21
Speaker B

So I'd like to call for a vote on the amendment to PZ. 2026-10 For adding the quiet hours of, uh, yes, sir, 10:00 PM to 6:00 AM. Yes, perfect. Yes.

27:42
Speaker B

Commissioner Kraus? No. Commissioner Fikes? Yes. Commissioner Woodard?

27:50
Speaker B

Yes. Commissioner Keeton? Yes.

27:56
Speaker B

Commissioner Dothett? Yes. Commissioner Urszly? Yes.

28:03
Keeton

You have 5 yes votes and 1 no vote. The amendment is passed. Thank you. And so you understand how this is going to work for you? It'll be on your conditional use permit.

28:14
Speaker D

Okay, now back to the discussion of the original, um, Motion as amended. Uh, also, um, there will not be like an ADU along with this property. It's just one residential property on that lot. Is that correct? Yes.

28:47
Braden Pitch

Also, I didn't know that I changed anything by adding in.

28:57
Dothit

And just, it is a little bit confusing with the way the city's regulations— it comes up as a cabin rental. It's kind of an antiquated verbiage in there, but it's basically— we're just talking about residential Airbnb. It just falls underneath the older regulation of cabin rentals.

29:15
Keeton

And just to speak more towards the amendment, that area of Inlet Woods is blowing up. There's so many people there and it's getting bigger. Almost seems like every day you drive through there, there's more foundations going in. Um, starting that kind of a trend now, I think, is important so that people understand that It's a working family neighborhood, and there are people and children that need to be to sleep at a certain time so they can get up early and go to school and work. And I think it's a great idea for you to self-impose that.

29:53
Keeton

Thank you.

29:57
Speaker D

I'd like to make a response to that. Sorry. Okay, no, it's okay. Um, having living in Inglewood myself for 20 years now, um, I've had the, uh, unfortunate knowledge of many parties that have gone on in homes there, and I also purchased when there were only 3 houses on my block, and now it's completely full. So we are a growing city, and I just don't feel that there's any reason to burden a neighborhood which has many rentals in it, though long-term, with with this quiet zoning that we don't require of any other rental that would be there.

30:49
Keeton

Any further comments? Any comments from the audience? Okay, thank you.

31:06
Keeton

Are there any remote attendees wishing to speak?

31:12
Keeton

There are not. Thank you. Seeing no one, or no one else, we will bring this back to the commission. Is there any further discussion from the commission on the original or the amended motion? Neither.

31:28
Speaker B

Okay, Clerk, could you please call the roll? Thank you, Chair. Commissioner Fikes? Yes. Commissioner Woodard?

31:38
Speaker B

Yes. Vice Chair Dothett? Yes. Chair Keeton? Yes.

31:46
Speaker B

Commissioner Ersley? Yes. Commissioner Kraus? Yes. You have 6 yes votes.

31:53
Speaker B

Resolution PZ-2026 -10 is passed.

31:59
Keeton

Thank you. Please note there's a 15-day period that any aggrieved party, if someone disagrees with what we've done here tonight, can file an appeal with the clerk's office. Thank you. Through the chair, I misspoke. Passed as amended, just for the record.

32:13
Keeton

Sorry, I'm sorry, passed as amended. Thank you.

32:20
Keeton

Okay, we are now on item F2, resolution PZ202611. Granting a conditional use permit for cabin rental of a single-family dwelling at 1510 Tundra Rose Lane. Is there a motion to approve Resolution PZ-2026-11?

32:43
Dothit

Make a motion to approve PZ-2026-11. Second! She's got her mouth—. Okay.

32:56
Butner

Seeing that the motion was made and seconded, Director Butner, can we have the staff report, please? Yes. Um, so I will draw your attention to page 26 of your packet. Um, there will be a few of these tonight, and I will apologize now, but, um, this memo requests an amendment to the agenda as presented for the May 27th, 2026 Planning and Zoning Commission. An item on the agenda was given public noticing in accordance with Kenai Municipal Code KMC 1420-280, but is no longer applicable to this meeting.

33:30
Butner

The property owners for item F2, which is Resolution PZ2026-11, granting a conditional use permit for cabin rental of a single-family dwelling at 1510 Tundra Rose Lane, have present— were— have requested to postpone their hearing until June 10th, 2026, as they are out of town. They did let us know in plenty of time so we can public notice this one again appropriately before the June 10th meeting. Uh, in accordance with KMC 1420.150D, advance notice was given, uh, regarding attendance, and we will public notice again. We request this item be postponed until June 10th, 2026. Thank you for your consideration.

34:08
Keeton

Can we have a motion?

34:14
Keeton

To postpone this?

34:17
Dothit

Um, yes, I'll make a motion to postpone this until the June 15th meeting. Second. Excuse me, June 10th. Dang it.

34:34
Keeton

Is unanimous consent requested? I can request unanimous consent. You're awesome.

34:44
Keeton

Unanimous consent was requested. Are there any objections?

34:49
Keeton

Clerk, please call the roll. Oh wait, unanimous consent. Resolution PZ-202611 has been postponed to June 10th, 2026.

35:09
Keeton

Next, we have item F3, Resolution PZ-2026-12, granting conditional use permit to operate a kennel facility at 2925 Pirate Lane. Is there a motion to approve Resolution PZ-2026-12? I make a motion to, um, move Resolution PZ-2026-12, granting a conditional use permit to operate a kennel facility at 2925 Pirate Lane. Can we have a second? I'll second.

35:39
Butner

Thank you. Director Butner, can we have the staff report please? I might have off my mic. Whoops. Uh, I'll direct your attention to page 27 of the packet.

35:49
Butner

Uh, this memo requests postponement of this business item. The item was given public noticing in accordance with Kenai Municipal Code KMC 1422-AD, but it's no longer applicable to this meeting. Upon further conversations with multiple members of the administration as well as getting additional details from Animal Control, it was determined that a CUP will not be needed as this facility is not acting in a commercial capacity. We request this item be postponed indefinitely. But to give you a little backstory, um, as to why this one and the next one, um, is— we're asking not to, to go through this.

36:22
Butner

There are some inconsistencies with code between Title 3, which controls Animal Control, which broadly defines a kennel facility of anyone having 4 or more dogs Our zoning code only applies to commercial, so anyone who is potentially breeding dogs, who is— who would board animal boarding, so having a kennel where they're accepting something and some sort— getting some sort of commercial gain out of it, that's our definition. So there are— it's a little weird when code kind of conflicts itself, so we're working to clean that up, and that's why we were going to bring these forward because The city's definition under animal control is a lot more broader, and we thought that that's what we were going to use. Um, but after talking to the administration, since it's only someone who may have 4 or more dogs and they just want to enjoy the company of their dogs, we're not going to regulate that by CUP. And we haven't historically, and we— since we're not going to change it, that piece in code, that's why we're asking for this one and the next one to be postpone indefinitely. Um, that said, I did talk to a member of the audience, so I think there is some public comment on this one and potentially the next one, um, after we take a vote on the postponement.

37:35
Butner

Since before we do postpone, is there a way we can talk about it really quick? I just had a quick question about it, um, just to the staff. So does that mean it will be enforced but only through animal control then, correct? That is correct. They do have a kennel license, so every year they do get inspected just to make sure that the animals— a lot of times it's dogs, could be cats, could be really anyone— they do get inspected just to make sure that they're in good condition, that they have good living quarters, that kind of thing.

38:11
Butner

Really became a hot-button issue with animal control given what happened in the Matsu Valley a few months ago. So they do on a technical level, but they do, and they do the noticing just like we do for the 300 feet when there is a new kennel applied for in the city. But we, um, don't, uh, on a residential, if it's not for commercial gain, we as a zoning, um, under zoning, we don't regulate those. All right, so Animal Control's the one, but not under CUP for P&Z.

38:48
Butner

Our definitions for commercial, basically if there's any money exchange. So if I took a dog to somebody's house and said, hey, can you watch my dog for $40, that makes it a commercial activity. They would need a CUP. But if I just had 4 dogs of my own, I would just have a kennel license so that I can—.

39:04
Speaker D

I'd like to know if we can submit the CC&Rs for both of those properties into the record and I also would like to make note that nuisances are— there is a specific nuisance clause in both of those CC&Rs, and there is also a maximum amount of animals that you can keep on the property in both of those situations, and it is 2 dogs. And so that can affect the value of the homes in the neighborhood.

39:35
Dothit

If I might just—. Was there—. We're open to Covenants and restrictions are great, but they have to be enforceable with an actual active homeowners association. And the city, unfortunately, we don't enforce covenants, restrictions. That would be something to do through your own neighborhood groups, just for clarification on that.

39:53
Speaker D

In the past, we've discussed covenants when it came to regards of conditional use permits, so I think it's valid to have them entered into the record.

40:07
Dothit

Through the chair, yes, we can enter them into the public record as requested by the commissioner. Okay, so I guess we're— the motion still is up, or do we need to make the motion for postponement indefinitely? Okay, I'll make a motion to postpone.

40:25
Keeton

Oh.

40:28
Keeton

Seeing, um, sorry, are there any people wishing to speak online remotely? Anybody in the room that wants to speak about this? There are people online, but I'm not seeing a hand raised. Okay, thank you. Anybody in the audience want to speak to this issue?

40:47
Keeton

Go ahead, come on up. Tell us your name, what city you live in.

41:01
Keeton

There you go. It'll turn red. There you go. My name is Eva Thompson, and in December I bought my property and moved in there. I was assured that it was a nice, quiet, peaceful neighborhood, and so far it's been great.

41:19
Keeton

And now if a kennel goes in there, And I live almost right next door, so I really would not like to see a kennel go in there.

41:31
Fikes

Thank you. You're welcome. Thank you. I just had a quick question. What neighborhood?

41:37
Fikes

Eva? Which one neighborhood? You, you said you just moved into the neighborhood and you were—. Oh.

41:49
Fikes

And what was that? I was just curious when you said you had just moved in and you were concerned about a kennel license. I kind of have two questions for you. One, what—. Which location?

41:57
Fikes

Because we're kind of reviewing several here, so I want to make sure I'm on task. So is it in the VIP or are you over off of Beaver Loop?

42:12
Fikes

Right next door to Tundra To Tundra Rose? No, we're on Pirate Lane. Pirate Lane. Okay, great. Your button till your mic turns red.

42:23
Keeton

Don't hold it. Yeah, I live on the corner of VIP and Sandstone. Gotcha. Thank you. I appreciate that.

42:38
Speaker D

I appreciate your comments. Um, as a real estate agent, when, um, I'm showing homes and someone has their house listed, uh, one of the reasons that the buyer can back out of an offer is if they find too much noise in the neighborhood. Doesn't always have to be about the actual physical property. So I appreciate that. Thank you.

43:05
Keeton

Anybody else like to comment?

43:10
Keeton

Seeing no one, we'll bring this back to the commission. We have a request from the administration to postpone Resolution PZ-2026-11 indefinitely. Is there a motion to postpone? I'm sorry. Oh, sorry.

43:26
Keeton

PZ-2026-12 indefinitely. Is there a motion to postpone indefinitely? I move to make a resolution to postpone indefinitely PZ-2026-12.

43:39
Dothit

Second. Thank you. Um, would anybody like to request unanimous consent? I would like to request unanimous consent on the motion to postpone indefinitely. Thank you.

43:52
Keeton

Are there any objections?

43:56
Keeton

Okay, Resolution PZ2026-12 has been postponed indefinitely.

44:12
Keeton

That brings us to item F4, Resolution PZ-2026-13, granting a conditional use permit to operate a kennel facility at 2520 VIP Drive. Is there a motion to approve Resolution PZ-2026-13?

44:30
Dothit

-13. Make a motion for approval of PZ2026-13. Thank you. Is there a second? Second.

44:38
Butner

Thank you. Director Butner, can we have the staff report please? Thank you, Chair Keeton. Uh, this memo was also easy to write because it was just like last one. Uh, but page 28, this memo requests a postponement of this business item.

44:50
Butner

The item was given public noticing in accordance with Kenai Municipal Code 1420.280. But is no longer applicable to this meeting. Again, after further conversations with multiple members of the administration, as well as getting additional details from Animal Control, it was determined that a CUP will not be needed as this facility is not acting in a commercial capacity. We do request that this item be proposed— postponed indefinitely.

45:12
Keeton

Thank you.

45:15
Keeton

If the applicant is present on or on Zoom, can you— would you like to speak at this time?

45:31
Keeton

13. 13'S not here. Do you know that?

45:40
Dothit

I would like to, um, if I can, I make the motion to postpone indefinitely. I don't think we have a— then they can make the— then they can speak on the postponement, correct, if they'd like. Is there anybody from the general public that would like to speak to the resolution PC-PZ-2026-13?

46:12
Keeton

Okay, seeing no one, we will bring this back to the commission. We have a request from the administration to postpone Resolution PZ2026-13 indefinitely. Is there a motion to postpone indefinitely? I will make a motion to postpone PZ2026-13, uh, postpone indefinitely, and I would like to ask for unanimous consent if it's granted.

46:42
Keeton

Are there any objections? Are there any objections?

46:48
Keeton

Nope. Clerk, could you please call— oops. Oh, we got unanimous consent. Resolution PZ-2026-13 has been postponed indefinitely.

47:02
Keeton

Item F5, Resolution PZ-2026-14, granting a conditional use permit to operate a guide service. At 1125 Angler Drive. Is there a motion to approve Resolution PZ2026-14?

47:19
Dothit

I'll make resolution to approve PZ2026-14. Second. Oh, what is the resolution? Thank you. Director Butner, can we have the staff report please?

47:37
Butner

Through the Chair, the applicant is requesting to operate the existing addition as a guide service. A conditional use permit is required to operate as a guide service. Pursuant to KMC 1421-50A, the intent of 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 conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 1421-50E 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.

48:12
Butner

The rural residential zone is intended to perform for low-density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing the zone is: 1, to establish residential structures to an extent which will preserve the rural open quality of their environment; b, prevent health hazards in areas not served by public water and sewer, to prohibit uses which would violate the residential character of the environment, be— generate heavy traffic in predominantly residential areas. In February 2026, the Commission transferred CUPs PZ-1997-53 and PZ-1999-05 to Derek Gardner. During this transfer, it was noted that an existing guide service has historically been operating from this location through the previous owner. Staff recommended to Mr. Gardner that he apply for the guide service CUP in order to become fully compliant with Kenai Municipal Code.

49:01
Butner

Proposed use has been ongoing up to this year, and staff finds that this will not violate the residential character in the neighborhood as it will still remain used the same way it has been historically. Traffic flow is not anticipated to be affected negatively by the proposed use, as there will only be— be— only the number of guests to the property will be limited, and there's adequate off-road parking available. Staff finds the proposed use meets the intent of the RR zoning district given its previous history. Criteria 2: The economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired. Staff finds that the proposed use is similar to other properties on Angler Drive where there are several lodges and guides in operation.

49:40
Butner

The city has not received any complaints involving 1125 Angler Drive. Staff finds the proposed use similar to nearby properties would not have an adverse impact on the neighborhood and adjoining properties. Properties. So finds that the proposed use will not impair the economic and non-economic value of adjacent properties in the neighborhood. Criteria 3: The proposed use is in harmony with comprehensive plan.

50:02
Butner

Land use plan from the 2016 comprehensive plan identifies the subject property with low-density residential land use classification. Low-density residential land use classification is defined in the comprehensive plan as locations that may have foresight conditions or is intended for large-lot single-family low-density residential development. Area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed rural street standards, i.e., gravel, uh, and sidewalks will not be typically included in the subdivision design. Staff finds the surrounding uses are a mix of residential and commercial recreation uses.

50:38
Butner

The proposed use will be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states that the impact on the area will be minimal given they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands and fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners.

51:15
Butner

As stated by the applicant, the proposed use of a guide service is consistent in harmony with— and in harmony with several goals of the 2016 Comprehensive Plan, specifically Goals 1, 2, and 3 listed below. Goal 1, Quality of Life, is to promote and encourage quality of life in Kenai. Q4, Establish Siting and Design Standards, so the development is in harmony and scale with surrounding uses. 2, Economic Development, is to provide economic development to support the physical health of Kenai. Objective ED9: capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events.

51:49
Butner

Goal 3: land uses to develop land use strategies to implement a forward-looking approach to community growth and development. LU1: establish siting and design standards so the development is in harmony and scale. LU3: review existing zoning subdivision codes to determine if they address current and future land uses adequately.

52:12
Butner

Criteria 4: Public services and facilities are adequate to serve the proposed use. City water and sewer are not in the— is not in the vicinity of the subject property, but on-site water and wastewater treatment and disposal systems are in place. The applicants are required to be compliant with wastewater disposal requirements of the Kenai Peninsula Borough Chapter 2040 and regulatory requirements of the Alaska Department of Environmental Conservation. Engler Drive is a paved road, which is a city-maintained road. Criteria 5: Proposed use will not be harmful to public safety, health, or welfare.

52:40
Butner

Staff finds that there's adequate parking and buffer for the proposed use to minimize the impact of the surrounding area. It's not anticipated that its continued use will be harmful to the public safety, health, or welfare. As noted by the applicant, the proposed use will not be harmful, uh, and the impact on the neighbors would be minimal. It falls in line with other property uses in the area, and the company has been in the fishing and lodging business for over 30 years with a good record. There's a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion.

53:07
Butner

Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. Staff finds that allowing a guide service business in the existing dwelling would not cause any adverse impacts on surrounding properties. Finds that the additional specific conditions are not deemed necessary to fulfill the above-mentioned conditions. Pursuant to KMC 1422-ADC, notices of the public hearing for the conditional use were mailed to property owners within the 300-foot periphery of the subject property. City staff published notice of public hearing in the Peninsula Clarion.

53:38
Butner

Staff— city staff submitted an affidavit of posting verifying sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received at the time of this report. Staff finds that the proposed conditional use permit for a lodging guide service in the, in the existing— I'm sorry, there, my bad— just guide service in the existing single-family dwelling on the property described as Lot 8, Angler Acres Subdivision Part 3 meets the criteria for issuance of a conditional use permit as set forth in subsections E-1 through E-6 of Kenan Municipal Code 142150, and hereby recommends the Planning and Zoning Commission adopt Resolution PZ-2026-14 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.

54:40
Butner

3, The applicant will meet with city staff for on-site inspections when requested. B, if there's an expansion or change of use for the above-described property, a new conditional use permit must be obtained as stated in KMC 1420.150. The applicant will have a routine fire inspection performed every 2 years, and the applicant will ensure the property will be adequately maintained and kept free of trash or junk.

55:03
Keeton

Thank you. If the applicant is present or on Zoom, would you like to speak to your issue or to the issue at hand? Please state your name and where you live.

55:23
Derek Gardner

Uh, Derek Gardner. Uh, I live at 1125 Angler Drive. Um, not much to add. Um, this is an in-place conditional use permit. We are taking over the permit from previous owners.

55:41
Derek Gardner

The fishing has just been validated now to you guys for— it was kind of ran without the, I guess, the fishing end of it. So with the changing of the name, we're just bringing everything to standard procedure for that. So to my knowledge, it's been in the Beaver Loop area there for Angler Drive area for almost, I think, one or one of the first or second permits on Angler Drive. So, um, that's all I really got. Thank you.

56:18
Keeton

Is there anyone else remotely or in the audience that would like to speak to the issue?

56:26
Keeton

Thank you very much.

56:33
Butner

Um, so question, uh, guide service, does that as a standard, um— oh, first of all, I'd like to clarify, we're not transferring any type of a permit, we are issuing a new permit. Through the chair, this is a brand new one. We, in February, we transferred from the former owner the lodge and the boat launch. The guide service was not included. However, the previous owner did, and we've researched back ways, did operate an unofficial guide service without a CUP.

57:06
Butner

This is a brand new standalone CUP that will supplement what we transferred earlier this year. I see. So the boarding part of it is separate? Correct. And that has been transferred.

57:18
Speaker D

Okay. And it stated from the staff report that there was no complaints from the public uh, regarding this particular property? We've received several complaints, but it didn't include this property, is what you're saying, or this owner? Uh, on Angler Drive specifically, we've had people come in. I think that was before—.

57:42
Butner

On this specific property, through code enforcement, we didn't have any cases as far back as we had records. Um, there have been other complaints on Angler Drive, but it was not tied to this property under the former owner or under the new owner.

57:57
Speaker D

Anyone else?

58:00
Keeton

Okay.

58:06
Dothit

Seeing no one, we will bring this back to the commission. Discussion from the commission, please. This seems like it was just an oversight from the original 30 or 40 years that it's been run as a guide operation, that they had lodging and guides working out of there. It was run very well before. I'm assuming you'll take on Jackie's strict regulations of keeping that place up.

58:27
Fikes

She was a great landowner over there, and hopefully we can keep up with that. So I'm definitely for this. So, through the chair, yes, I'm familiar with several properties over there that have come on the negative side of things, but this particular property was not. And so for that very reason, again, it was one of the first once established, and, uh, it has been maintained. So I'll be in favor of it as well.

58:55
Butner

Anyone else? Okay. Um, we don't have this up. Clerk, could you please call the roll? Thank you, Chair.

59:14
Speaker B

Commissioner Woodard? Yes. Vice Chair Dothett? Yes. Chair Keeton?

59:21
Butner

Yes. Commissioner Urszly? Yes. Commissioner Kraus? Yes.

59:27
Speaker B

Commissioner Fikes? Yes. You have 6 yes votes. Resolution PZ-2026-14 is passed. Thank you.

59:37
Keeton

Next we have item F6, Resolution PZ-2026-15.

59:42
Keeton

Granting a variance permit to excavate 50 feet in the setback on the west property line for the property located at 2817 Beaver Loop Road. Is there a motion to approve resolution— resolution PZ-2026-15? I make a motion to approve resolution PZ-2026-15, granting a variance permit to excavate 50 feet in the setback on the west property line for property located at 2817 Beaver Loop Road. Second. Thank you.

1:00:17
Keeton

Director Butner, can we have the staff report, please?

1:00:22
Butner

Uh, thank you, Chair Keeton. Um, this memo is going to request postponement of this business item. Uh, this item was given public noticing in accordance with Kenai Municipal Code 1422.80, but is no longer applicable to this meeting. Upon further review and noting errors that occurred historically, it was determined that a variance is not the proper way to address requests for the current— from the current CUP holder. Other methods, as outlined in Kenan Municipal Code, may be used pending a decision from the current CUP holder on whether they would like to continue this request, uh, request that this item specifically be postponed indefinitely.

1:01:00
Keeton

If the applicant is present— oh wait, he's not here, right? Okay. Is there anybody from the general public that would like to speak to Resolution PZ-2026-15?

1:01:14
Keeton

Are there any remote attendees wishing to speak? I'm not seeing any notifications. Thank you. Seeing no one, we will bring this back to the commission. We have a request from the administration to postpone Resolution PZ-2026-15 indefinitely.

1:01:31
Dothit

Is there a motion to postpone indefinitely? I'd like to— quick question on this just for clarification. Is this an existing gravel pit that they're wanting to build into the setback? Is that—. Or dig into the setback?

1:01:43
Butner

Is that what I'm gathering? I didn't see any pictures. That's all. Yes, this one was in response to a request from the current city CUP holder for an existing gravel pit. Um, our variance permits are for principal permitted uses only, and as it's a conditional use permit, does not fit into that.

1:02:01
Butner

So the variance was an improper mechanism. If, uh, right now we do some more research, we're talking with the applicant, if they would like to make an amendment to their current CUP, they could do that potentially. We need to have more discussions with the applicant to see exactly what can and cannot happen at this time. So that's why we're basically striking the variance, because it was the improper way. Um, and I'll cover a little bit more in my director's report as to how those happen.

1:02:29
Butner

If they— just for clarification— if they want to modify their conditional use permit, would that then send it back, since it is a gravel facility, back to the borough first before it came to us, or no? Through the chair, no, um, we as a city regulate, um, solely— it's our sole discretion. Um, our—. We have a slightly different process than the borough, especially now that they have the new requirements. Um, but as it stands right now, we— it will come back to this body to request an amendment, and we would have, uh, new findings for that potential amendment if it does come forward.

1:03:06
Dothit

Okay, I will I will, um, move to postpone Resolution PZ-2026-15, uh, postpone indefinitely and request unanimous consent.

1:03:24
Keeton

Second. Any objections? Okay, Resolution PZ-2026-15 has been postponed indefinitely.

1:03:37
Keeton

That brings us to item F7, Resolution PZ-2026-16, recommending a rezone of parcel 04501057 located at 10060 Kenai Spur Highway from Conservation to Suburban Residential. Is there a motion to approve Resolution PZ-2026-16? -19. I'm sorry, -16. Typos.

1:04:11
Dothit

I'll make a motion for approval of Resolution PZ2026-16.

1:04:21
Butner

Second. Thank you. Uh, Director Butner, can we have a staff report please? Thank you, Chair Keeton. As I mentioned at our last meeting, this is us bringing it back because of a technicality that I created.

1:04:37
Butner

But on April 29th, 2026, the Planning and Zoning Commission held a public hearing on Resolution PZ-2026-08 regarding a potential rezone of a portion of Kenai Peninsula Borough Parcel 04501057 from Conservation to Suburban Residential. During the course of the hearing, the administrative liaison, Planning Director Butner, provided language for a motion to adjourn and to adjudicate adjudicative session. This action was an error and led to an Open Meetings Law infraction. When hearing PZ-2026-08, the Planning and Zoning Commission was acting in an advisory capacity, as a resolution was to provide a recommendation to Kenai City Council. Adjudicative sessions are only allowed when the commission is acting in a quasi-judicial capacity.

1:05:17
Butner

The commission acts in this capacity when deciding on a conditional use permit, for example. To cure this infraction, the commission must hold a public hearing and allow for any and all deliberations to be within the public view. Any action taken on this new resolution will be provided to the city council for their consideration. And again, with my sincerest apology.

1:05:37
Keeton

Thank you. If the applicant is present or on Zoom— Is there anybody from the general public that would like to speak to Resolution PZ-202616?

1:05:59
Keeton

Yes, Miss Coates.

1:06:12
Lisa Coates

Hello, can you hear me? This is Lisa Coates. We can hear you loud and clear, Lisa. Go ahead. Hi, I'm confused on the issue at hand.

1:06:20
Lisa Coates

Is this, um, at the last meeting where this was addressed, didn't you vote to make— to recommend it being Rural Residential 1?

1:06:36
Keeton

Yes, however, we went by the process incorrectly. That's why we're bringing it back. Okay. Okay. So, do you want me to repeat kind of my public comment or—.

1:06:48
Lisa Coates

Absolutely. Okay. Okay. Well, good evening, committee members. My name is Lisa Coates, and I live adjacent to the property being considered for rezoning.

1:06:59
Lisa Coates

Um, thank you for the opportunity to let me speak again tonight. I am not opposed to development of this land, but I do believe suburban residential zoning is appropriate. Is not appropriate at this time. I respectfully ask that the buildable portion instead be considered for Rural Residential 1 zoning. Although the property is about 81 acres, only a small portion is buildable.

1:07:24
Lisa Coates

Most of the land is wetland habitat that supports local wildlife and contributes to the rural character of the area. My concern is that the Suburban Residential zoning would allow higher density or multi-family housing that does not fit this neighborhood. If the zoning change is being pursued because of the proposed development would not be allowed under rural residential zoning, I ask the commission to carefully consider whether this area is suitable for that level of density. Our roads are poorly maintained dirt roads and are not built for suburban-style development. Higher density housing would likely require road— significant road upgrades, and it is unclear who would be responsible for them.

1:08:10
Lisa Coates

I also want to note that a nearby fire training facility regularly produces heavy smoke during exercises. Depending on wind conditions, the smoke affects nearby homes, and the proposed, proposed building area may be even more exposed. Given the wetlands, infrastructure limitations, nearby fire training facility, and the existing rural character of the neighborhood, I believe rural residential zoning is the more appropriate fit for this property. And thank you for your time and consideration. Again, thank you, Miss Coates.

1:08:56
Keeton

Are there any other people that would like to speak to this issue? Seeing no one, we will bring this back to the commission discussion.

1:09:19
Dothit

Is there any further discussion from the commission? Yes, I would just like to say we had a lot of lengthy conversations. We made some findings from last meeting. Do we need to repeat those exact findings, or can I just refer to the findings that were stated at the last meeting as for the reason for voting for the RR? Through the chair, you can refer to the meeting— to the findings read into the record April 29th regarding PZ 2026-08.

1:09:47
Dothit

Okay, I'm just saying that so it's easier for us to find later. Okay, yes, so I would just like to make that clear for the motion that, um, trying to think, to make the motion to move it to RR as per discussed from the findings from the previous meeting. Does that make sense? Yeah, I'll second that.

1:10:24
Keeton

So we are now voting on the amendment based on the findings from the last meeting. Clerk, can you please call the roll?

1:10:34
Speaker B

Commissioner Keeton?

1:10:38
Speaker B

No. Commissioner Dothett?

1:10:43
Speaker B

Yes. Commissioner Ersley?

1:10:48
Ersley

Clerk, can you clarify what a yes vote, um, would mean and what a no vote would mean?

1:10:56
Butner

Through the chair, Planning Director Butener. Um, a, a yes vote would amend the current resolution PZ 2026-16 to recommend, uh, approval of rural residential. Uh, as it, as it stands now, as, as presented, it says suburban residential. Uh, the amendment— a yes vote on the amendment would change that to rural residential and is only for the amendment, where— and then we would vote on the resolution as amended if it passes. So my vote is a yes.

1:11:27
Speaker B

Commissioner Kraus? Yes. Commissioner Fikes? Yes. Commissioner Woodard?

1:11:35
Speaker B

Yes. There are 5 yes votes, 1 no vote. Uh, the amendment— it is now amended.

1:11:44
Keeton

Thank you.

1:11:50
Keeton

Now we'll vote on the resolution as amended. Clerk, can you please call the roll? Is there any discussion? Sorry, is there any discussion?

1:12:02
Dothit

Okay, can I ask for unanimous? No, I probably— if a quick way, I probably wouldn't go anonymous on this one, just so we can all have it out there on this one. And then just so we know, I'm basing the RR resolution based on our previous discussions from the previous meeting that we stated. So those are our findings on that. So call the roll, please.

1:12:28
Speaker B

Thank you, Chair. Chair Keeton? No. Commissioner Urszly? Yes.

1:12:37
Speaker B

Commissioner Kraus? No.

1:12:40
Speaker B

Commissioner Fikes? Yes. Commissioner Woodard? Yes. Commissioner Dothett?

1:12:48
Speaker B

Yes. There are 2 no votes and 4 yes votes. Resolution PZ-2026-16 is passed as amended. Thank you. Uh, G, unfinished business.

1:13:02
Keeton

We have no unfinished business tonight. H, new business. We have no new business tonight. Reports. Planning Director Butner, may we have your report please?

1:13:14
Butner

I will again apologize for some of the, um, uncommon motions we had to take this, this evening. Um, however, uh, part of this has been borne out of a discussion we've been having internally about the public noticing requirements that are currently in code for Title 14 for the Commission specifically. We have seen other bodies in, in the city have changed code slightly. Our neighbors in Soldotna have changed, the borough itself has changed, and due to our code requiring publication in a newspaper of general circulation within 10 days, or giving 10 days, that pushed some of our public hearing noticing back almost 3 weeks. And then in that intervening time, things can happen, people can bow out, Once it has been entered, once it's been noticed as a public notice, we are required to hold a public hearing even if there's no discussion and if we ultimately postpone indefinitely.

1:14:16
Butner

Um, one thing I would like to, I guess, gauge the temperature of the commission, uh, would be if you would be in favor of looking at, um, possibly looking at changes to code, finding alternative ways to get the noticing out there. We're not going to do less. We may, you know, put our meetings on the radio, like a radio advert, posting it in public locations like the post office and the library. These are things that other commissions and council itself actually does.

1:14:48
Butner

We just don't think, especially with the way it is set up with our current local newspaper— there's two ways you can get it. You can either get the— if you get the physical paper you read all the legals. If you only have a digital but you go to the classified section or you look elsewhere, you will not find legal ads. You have to get the e-edition. So you actually have to go and basically get the glorified PDF version of the paper and then search through the classifieds that way.

1:15:18
Butner

And both of those are requiring— they have to go through some sort of paywall. Either you're paying for the paper subscription or you're paying for the digital. Um, we don't feel that is as effective as it used to be with the dwindling circulation, and we think that having talked with other members of the administration, talking with our clerk, that alternative ways such as radio and other public postings, potentially even having a public noticing section on our website or even just under the commission page, would satisfy a lot of these requirements without requiring any kind of payment. So it's a little more broad access. So just want to gauge temperature if the commission would like us to look at alternative ways so that we don't have a meeting like this again where we have to postpone a lot of things.

1:16:01
Dothit

As many of you know, I'm a big advocate for the radio. I pushed really hard for the council to switch that, and I think our funds— because it costs money for us to post in the paper— if the council is already doing it, I'd like to see us align with the council and then possibly move those funds to increasing the radio circulation ours through the council's already current contract. I'm a big proponent of doing this. I think we're a little outdated. And also on the radio, that also gets us on their website when they post too, so that's another circulation, uh, post in there.

1:16:30
Dothit

So yes, I'm very much in favor of realigning it with basically what everybody else has moved to already.

1:16:38
Keeton

I agree with Commissioner Dothett, or Vice Chair Dothett. It's really impossible to find postings right now if you don't know exactly where to go to find them. People aren't even looking for them anymore, and that includes all the negative postings that go out there towards people too. If we could do that for all of our postings, not just P&Z or whatever, all of our postings should be done electronically, in my opinion, and also on the radio. Thank you.

1:17:12
Speaker D

I would, uh, agree that radio is, um, a good way to get out information. Um, I'd like to know what the cost is for that, or is that considered PSAs?

1:17:27
Butner

Through the chair, it, it would, um, we would have a separate contract. Um, it would be structured similar to the way Council is. There is a cost I will say, only been here a year and a half, and the Peninsula Clarion legal ad for the exact same ad, exact same amount of space, has more than doubled. It was almost $70, and the last one about $140, and for the one for this meeting specifically was $399. So it is increased significantly.

1:17:56
Speaker D

I think our resources are better spent with a contract with, with the radio. Considering the future of newspaper, print newspaper, and how we've seen it go from 6 days to 4 days to— what are we at? To 1. We're at 1 day now. It just doesn't make sense that that information is getting to as many people as we could be getting that information to.

1:18:25
Speaker D

I would definitely be interested in seeing something on the website that is not just going to the agendas to find out about it. You know, just a separate page on the website I think would be a nice clickable type of in-your-face where you don't have to go search for it. Maybe that's just me, but a lot of people aren't really good at the web anymore.

1:18:56
Ersley

I support these two avenues of— I'm sorry, through the chair— of public noticing, but I wouldn't have it be drilled down onto Planning and Zoning's page. I would have it at the City of Kenai's main page with like blinking lights, public notices here, so that the public isn't having to to dive down deep to try to find it.

1:19:37
Keeton

Okay, now we're to reports. Did you already give yours? It's my turn now. Dang it. So I just wanted to say, my report is that I just wanted to say that the growth that we're experiencing in this city is going to be messy, and we have a lot of things to figure out to make it right.

1:19:57
Keeton

And I know that this group is going to do whatever they can to make it right. So sometimes we're going to get mixed votes, sometimes we're going to be together. It's just going to be— it's going to depend on our own personal beliefs. And I don't I don't think that that's any different than how it happens anywhere else. So I just want to thank everybody for coming tonight and being a part of this, and I'm still learning more every day.

1:20:22
Keeton

Thank you.

1:20:29
Keeton

Commissioner Fikes.

1:20:32
Keeton

Yikes.

1:20:36
Fikes

Monday, May 26th. June 26th, we had the usual easements, setbacks. We did a right-of-way vacation in the K Beach area, and we needed to have some more information, so that one was actually postponed. That was in the College Heights subdivision, just down from the college. Then we moved into the Funny River area for a right-of-way vacation.

1:20:59
Fikes

Needed 50 feet in the— by 573 feet on Mayo Street. And there was no objection. Mayo Street wasn't utilized by anyone other than the applicant, so there was no conflict. So that one was approved. And then we went to another right-of-way vacation in the Bear Creek area, and again, Maximilian Court had, um, two bulb cul-de-sacs, and this was looking to vacate one of the cul-de-sacs, and so there was still access from the other end of Maximilian Court.

1:21:38
Fikes

And so we approved that one. And then we looked at a street naming resolution from Deedra Avenue to Debra Avenue, and it was discussed that there's already common knowledge that everybody who lives on Deedra goes by Debra. And all of the Amazon and delivery folks are happy to have it become Deb-bra. So without any further ado, we accommodated that request. And then we moved on to authorizing the conveyance of the Nikolay Vosk School property in the Russian village in Homer.

1:22:22
Fikes

And so what that did is that generated a little bit of conversation about a building that belongs to the borough that is no longer being utilized for school functions. And so the borough is going to be tasked with maintaining that building. And so, uh, in the event of not having to maintain it, it was discussed that, um, they would have a land sale, building sale to the Russian Village so that they could run a charter school there. So it was kind of a unique setup, but best way to explain it is, is they were the only ones that were going to be bidding on this property or interested in this property as of the remote location of it. And it already had some issues with maintenance, deferred maintenance.

1:23:13
Fikes

There was some burst pipes in the wintertime, and so the borough was concerned with this property. If they didn't do something with it, it was going to cost them on the low end $200,000 a year just to maintain it. And so this took the burden off of the borough. And through a 10-year agreement, the borough became, if you will, for the better way to explain it, the lendee to the Russian school. And so they have 10 years to satisfy it.

1:23:44
Fikes

The funds are put into an account, and then at the end of the 10 years. If they've satisfied that and they haven't defaulted, then they will take full possession of the land. If not, there's some triggers in there. They obviously have to get insuring and bonding and other things, uh, and it was deemed as a way for the borough not to take the task of having to maintain it. And then there was some discussion about, well, gee, if we close the school, now we're turning around handing the keys to the charter school.

1:24:13
Fikes

But again, it was discussed that this was an asset that was costing the borough, and this was a suggestion that was going to help with that. So that was a solution. So after that discussion, we decided to approve that. That will go before the assembly for final approval. We moved on to Nanilchik for a conditional use permit, and that was to replace 2 undersized culverts within the 50-foot habitat Protection District to give a little swimming salmon a little bigger swimming area.

1:24:44
Fikes

So we amped up the pool size for them in the Nenilchik area, and we approved that. And we did a conditional use permit request in the Kasilof area for an installation of a fence within that 50-foot habitat protection district, and that is actually going to be in the new area, if you're familiar familiar with it, that's been taken over by the state of Alaska. It's going to be the boat launch. And so as I was, uh, told, it's going to be the boat launch is kind of a dicey area there, I guess. And it's like a cable system and grab your boat and hustle and get yourself out of the way.

1:25:23
Fikes

And so they needed this fence area to kind of delineate. And I just explained a little bit more because it's not just a simple chain link fence, it's a certain specific style that allows passage and flow of water, but— and they called it a gate and rail, and the best way I can think of is bonanza back on the farm with the crosses and the slats across so the water goes through, but we tell everybody, hey, don't walk in this area, they're pulling boats out. So that was what we approved in the special salmon protection area. And then we moved on to the director's comments. And the only significant, uh, item that came up was he had a roundhouse table discussion with all of the surveying folks in the peninsula area, and through discussion with the local folks and others from other communities, it was deemed that we were undercharging for our services for surveying.

1:26:22
Fikes

And so the borough went ahead and increased the fees by 25%. And so that may seem steep, but, you know, everybody else at the discussion kind of was like, well, it's about time you came up to the table and got what's due you. So we were on the low end compared to other areas— Juneau, Wasilla, Anchorage. So that was discussed, that was changed, and now we will be able to meet the needs of the public and match what other areas are charging for their services as well. And that was all we had.

1:26:55
Keeton

Thank you.

1:26:58
Denali Daniels

City Council liaison, and I'm not going to call you Mr. Cassina. I know your last name is Daniels. That's okay. So not nearly as fun as Mr. Cassina, but I'm here. Um, excuse me.

1:27:11
Denali Daniels

All right, so I'm gonna hit the highlights here, uh, and I'm gonna apologize for this terrible pun, but I can't resist. We had a city streetlight assessment report And it was illuminating. I was surprised— I couldn't resist, I know. Chair Doffitt's really enjoying that. So anyways, it was— no, it was a good report.

1:27:32
Denali Daniels

I was actually fairly surprised at some of the strategies, just simple stuff from, hey, match what the state has for the cobra headlights. And there's areas that were too bright, which surprised me. It's like, huh, we have too bright as a problem? And of course, there's too dark and everything in between. So there's a lot more to streetlights than I initially thought.

1:27:52
Denali Daniels

You know, simple stuff of, you know, changing how the buses route and trying to match, you know, where we can have stops with streetlights. And then other things are more complex, of course, reburying, you know, redoing the cabling. And but then, you know, common sense of, hey, let's only stock certain kinds of posts. And so it was good. It was good.

1:28:10
Denali Daniels

It was a lot more information than I thought. You get off a street light. So that was appreciated. Uh, big news though is, um, passed the change to the code for elections, so to match the borough. So what that means, short version, is match the borough, but it changes the period of filing.

1:28:28
Denali Daniels

So that instead of the first 2 weeks in August, the last 2, and then you also have a week grace period. So people file for council, you can pull out in that week grace period if you change your mind. So that's a huge change for the filing period. And it matches, of course, election date with the borough. So that'll be a good thing.

1:28:46
Denali Daniels

And then another thing, another win that was passed was the, um, uh, street— I don't know what I call this— like a street design manual, I guess you could say. Make it a little easier for contractors to be consistent for them to design subdivisions, which was a good— which is a good thing. Uh, and this is a wild one, and I don't even know how to describe it. I wish our city attorney was words here to describe it, but finally getting a lease locked in for the flight service building that had been ongoing for, how long did he say, 10 years? Yeah.

1:29:19
Denali Daniels

15? 5? 5 Years. Yeah, it took a long time, basically the longest lease he's ever had to negotiate, so the process. So that was a good thing to pass.

1:29:31
Denali Daniels

It was crazy. But anyways, that's the federal government for you. Yeah, if there's any questions, let me know. And that's my report. Thank you.

1:29:42
Keeton

Um, is there any additional public comment from any— in anyone in the room? Anybody remote? Okay, the next meeting attendance notification for June is June 10th. 2026.

1:30:07
Butner

And the next— is anyone planning on being absent or attending remotely? Marty? Yes, I will be attending remotely. It'll be my last one, and I will be attending remotely. We're so happy for you, Marty.

1:30:25
Butner

Yes, 14 days left.

1:30:29
Keeton

That's amazing. Job well done.

1:30:35
Keeton

Commissioner comments and questions?

1:30:40
Keeton

Commissioner Urszly?

1:30:43
Ersley

It's fishing season. Yes.

1:30:51
Keeton

Commissioner Pikes? All good. Commissioner Krause.

1:31:00
Dothit

Just a quick reminder for everybody, from being on the other side when people contest these things, if they contest a decision, you got to be on the other side and hear the courts, hear the comments and stuff. If you're going to vote in a way that might be different or controversial or you don't know, you're going to change your mind on something, please find findings. Say something on why your vote is this way or that. That way, if it has to be heard on the city commission level, on the— if it's contested, we have some— they would have something to go on and why. So findings are very, very important.

1:31:36
Dothit

I can't stress that enough. Say something. It can be one little line on why or something. So findings are really important. Other than that, thank you for everybody being here.

1:31:45
Keeton

I think we had some constructive conversations. So, Commissioner Woodard, my friend, I'm good. Thank you. Marty, do you have anything?

1:32:04
Keeton

Martin? Marty? Okay, well, it's bedtime for him, I'm sure. There we go, I finally got my speaker turned on. Hey, okay.

1:32:14
Butner

Let's hear it. Oh no, hey, I heard you guys had some snow up there. Huh, I'm hanging down here at 85 degrees. Oh my gosh, I'm jelly. It's been rather warm.

1:32:30
Butner

Your week off's supposed to be in the high 60s next week. Well, I go back up June 2nd. Okay, and then I'll come back, I'll come back off the slope on June 16th for my last trip. Nice, very good. We have no pending items.

1:32:47
Keeton

Uh, seeing no further business before the.

Speakers in this transcript

B

Butner

Pending
D

Dothit

Pending
E

Ersley

Pending
F

Fikes

Pending
K

Keeton

Pending
DD

Denali Daniels

Pending

Facilitator · Denali Daniels and Associates