Kenai: 2026-10-28 Planning & Zoning Commission Meeting

You're on the record. Thank you, sir. I would like to call the October 28, 2026 Planning and Zoning Commission meeting to order. If you are able, please rise and join me in the Pledge of Allegiance.

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.

Clerk, would you please call the roll? Thank you, Chair. Commissioner Askin. Present. Commissioner Earsley?

Present. Commissioner Kraus? Is absent. Commissioner Fikes? Here.

Commissioner Woodard? Here. Vice Chair Douthit? Here. And Chair Keaton?

Here. You have a quorum. Thank you, sir.

Um, number 3, approval of the agenda and consent agenda. Commission, before we get to— skip that one and that one and this one— revisions at the pleasure of the commission. Are there any additional revisions to the agenda or consent agenda from the commission?

I'll make a motion to accept the agenda. Thank you. Second. Second. Thank you.

Would the clerk please read the consent agenda items into the record? Thank you, Chair. The approval of minutes, regular meeting of October 14th, 2026, and that is your consent agenda. Thank you. Are there any public comments on any of the consent agenda items just read by the clerk?

Is anybody online? Okay, there is somebody online, but I do not see that— a notification wishing to speak. Consent.

I will ask for unanimous consent. Thank you. Are there any objections? Hearing none, the agenda and consent agenda are approved.

And C Scheduled public comment. We have no scheduled public comments this evening. Unscheduled public comment. Is there anybody from the public wishing to speak to anything that is not on the agenda? Are there any remote attendees?

I do not see any notifications for anybody wishing to speak.

Okay, uh, E, consideration of plots. Resolution PZ-2026-38 recommending that Preliminary plat Plaggie Swan subdivision attached hereto be approved. Is there a motion to approve Resolution PZ2026-38?

Motion to approve PZ2026-38. I will second. Okay, Director Buettner, can we have the staff report please? Thank you, Chair Keeton, and I just want to say thankfully I don't have to read the legal description this evening. Because it is a beast.

All right, a preliminary plat has been submitted from Jason Young on behalf of the property owner to replat parcels 04926005 and parcel 04926006 into Tract A and Tract B. This is subdivision of deed parcels recorded Book 88, page 430, and serial number 2020-009490-0, Kenai Recording District. Kenai Municipal Code Chapter 14-10 Subdivision Regulations state preliminary plats or replats must first be submitted to the city for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. The proposed replat meets a minimum lot size of 20,000 square feet for the rural residential zoning district. Tract A is 2.492 acres and Tract B is 6.006 acres.

The size of the proposed combined lots is approximately 370,172 .88 square feet or 8.498 acres. City water and wastewater are not available along Beaver Loop Road. The on-site water and wastewater service will be required. Tract A does not have on-site water or wastewater disposal. Development on this lot will be subject to installation of services that are regulated by the Alaska Department of Environmental Conservation.

Tract B has, has existing on-site water and wastewater disposal, and the expansion of the system must meet the requirements of the Alaska Department of Environmental Conservation. Direct access to the proposed lots is provided via Beaver Loop Road, a city-maintained or paved city road. If approved, Tract A will require assignment of a new address. Tract B will retain 4289 Beaver Loop Road. City of Kenai Public Works Department, Fire Marshal, and Building Official have reviewed the preliminary plat and have no comments.

Therefore, staff finds that an installation agreement is not required for the preliminary plat. Staff finds that the preliminary plat for the for a re-plat of the Black-Eyed Swan subdivision meets the following Title 14 of Kenai National Code sections and aligns with the intent of the Kenai Zoning Code. 1, Pursuant to KMC 1410.070 subdivision design standards, the preliminary plat for a re-plat, subject to the listed conditions, provides utilities access easements, provides a satisfactory and desirable building site, and the onsite water and wastewater systems are subject to the regulatory requirements of Alaska DEC. The applicant is requesting an exception to KMC 1410-070-D1 to allow for a block length totaling 1,172 feet in length. As this length is greater than 1,000 feet, a 10-foot-wide crosswalk may be required by code.

After review of the proposed preliminary plat, the city's Public Works Director and Planning Director have determined that a crosswalk is not advisable in this location. A multimodal path exists on the opposite side of Beaver Loop Road. Beaver Loop Road is considered a major collector and has a posted speed limit of 45 miles an hour. There is no receiving pedestrian or bicyclist infrastructure north of Beaver Loop Road. The introduction of a pedestrian crosswalk along this route, which is in a rural low-density area, could endanger non-motorized road users, and the northern terminus would not serve any purpose but to access the subject properties.

Staff finds that an exception to block length is reasonable when a crosswalk is not needed. Presumed to KMC 1410-080 Minimum improvement required. The right-of-way within the proposed preliminary plat exists prior to this plat. The right-of-way is a continuation of an existing street and is determined acceptable access. Therefore, an installation agreement is not required.

3, Pursuant to KMC 1424.010, minimum lot area requirements, the preliminary plat meets city standards for minimum lot size in the rural residential zoning district of 20,000 square feet, with proposed sizes of 2.492 acres and 6.006 acres. Pursuant to KMC 14-24-020, general requirements preliminary plat meets city standards for minimum lot width and depth and access utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. Staff finds that the proposed preliminary plat for Plagg Swans subdivision meets the general standards of Kenai Municipal Code Chapter 14-10 subdivision regulations and Chapter 14.24 development requirements table. And hereby recommends that the Planning and Zoning Commission recommend approval of Resolution PZ-2026-38 for a replat of Parcel 04926005 and Parcel 04926006 into Tract A and Tract B.

This subdivision of deed parcels is recorded in Book 88, page 430, and serial number 2020-009490-0, Kenai River Recording District, to the Kenai Peninsula Borough, subject to the following conditions: 1, that further development of the property will conform to all federal, state of Alaska, and local regulations. 2, Granting of an exception to KMC 1410.070 subdivision design standards to allow for a block length greater than 1,000 feet without a crosswalk. And that is my report.

Thank you, Director. Is there anybody from the general public that would like to speak to Resolution PZ-2026-38?

Is there anybody online? There is somebody online, but I'm not seeing any notifications they'd like to speak. Okay, thank you. Seeing no one, we will bring this back to the commission for discussion.

Does anybody have anything they'd like to address?

Just to go back, did the applicant explain exactly why they're wanting to do this, or is there further ideas of what their plan— what the reasoning was?

Through the chair, not a very detailed description, but essentially there is a very— if you're looking on page 25 of the packet, there are two square lots that are up on Beaver Loop, and then there's some land that surrounds them, and they're splitting that land behind them just to basically enlarge their lots. And, um, but we don't— they have not said if they're going to subdivide out of shop or anything. Nothing like that has been discussed at this time. Is just splitting up that weird-shaped parcel behind their land.

I was just curious if they had mentioned there was further ideas or what was going on there, but other than that, I mean, they own the property and it doesn't seem like it's changing a lot of the main boundary, so I'm okay with it.

Any other comments?

Okay, uh, Clerk, would you please call the roll? Thank you, Chair. Commissioner Earsley?

Yes. Commissioner Krause is absent. Commissioner Fikes? Yes. Commissioner Woodard?

Yes. Vice Chair Douthit? Yes. Chair Keeton? Yes.

Commissioner Askin? Yes. There are 6 yes votes. PZ-2026-38 is approved.

Thank you. That moves us to F, public hearings. Resolution PZ-2026-37, granting a conditional use permit for a daycare in an existing commercial building located at 2880 Beaver Loop Road, On parcel 04944007 in the rural residential zone, is there a motion to approve resolution PZ2026-37?

Motion to approve PZ2026-37. I'll second that. Thank you. Director Buettner, can we have the staff report please? Yes, thank you, Chair Keeton, um, and to the clerk.

Ms. Wilcox, applicant, is online. Yes, the applicant is online. Okay, perfect. Just, just make sure since we've had trouble before. All right, uh, pursuant to KMC 1420.150A, the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts, provided certain conditions are met.

Prior to granting conditional use permit, the commission shall determine that the identified criteria as outlined in 1420.150E 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 rural residential zone is intended to provide for low-density residential development in outlying rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: 1, to separate residential structures to an extent that will, a, A, to preserve the rural open quality of the environment, B, prevent health hazards in areas not served by public water and sewer, and 2, to prohibit uses which would, A, violate the residential character of the environment, B, generate heavy traffic in predominantly residential areas. The proposed use would not violate the residential character of the neighborhood. The structure has previously been used commercially as a residential group home and day habilitation facility and would continue to be used during the day to provide therapeutic and developmentally appropriate childcare services for approximately 15 to 20 children.

Children will be indoors the majority of the time, and an outdoor recreation will be on-site on the east side of the building. The east side of the building faces undeveloped land and is across from existing gravel pits to the north. Further development of the site is not anticipated other than the addition of a privacy fence to enclose the recreation area. Traffic enters and exits from Beaver Loop Road with directional flow anticipated through the two driveways. Bear Creek Road is a major collector route in the city of Kenai, and the additional 40 trips, assuming a full complement of 20 children, would have a negligible effect on a road with an average daily traffic count of over 2,000 vehicles at present.

Existing on-site parking is adequate to minimize impacts to Bear Creek Road during drop-off and pickup times. Staff finds the proposed use meets the intent of the rural residential zoning district. Criteria 2: The economic and non-economic value of the adjoining property the neighborhood would not be significantly impaired. The proposed use is intended to preserve the residential character of the building without substantial expansion of the building. After installation of a fence, outdoor recreation will be supervised by staff and be limited in nature, largely dependent on weather.

Frontier Community Service will develop operational procedures that will be intended to minimize noise and other potential impacts to neighboring properties. The proposed use is immediately south of existing gravel pits and adjacent to a mobile home park. Due to the minimal time spent outdoors throughout the day during normal business hours and the noise and traffic generated by gravel pit operations nearby, staff finds that the potential noise impacts will be largely indistinguishable from other nearby activities. Staff does not find that the proposed use will have a negative impact on the economic or non-economic value of the adjoining property or neighborhood. Criteria 3: Proposed use is in harmony with the comprehensive plan.

The land use plan and City of Kenai comprehensive plan identifies the subject property with a low-density residential land use classification. The low-density residential classification is intended for low-density residential land uses, typically include single-family low-density large lots with individual on-site water supply and wastewater disposal systems. The surrounding lots are a mix of single-family dwellings, a mobile home park, gravel pits, and undeveloped land. This mix allows the proposed use to be in harmony with the current use of the neighborhood. As stated by the applicant, proposed use of a daycare is consistent with the city's comprehensive plan by supporting quality of life and economic development while maintaining the residential character and quality of the neighborhood.

In the Imagine Kenai 2030 Comprehensive Plan, Chapter 6, Goals, Objectives, and Implementation, uh, goals and objectives are met with proposed use. Goal 1, Quality of Life, is to promote and encourage quality of life in Kenai, ensure that Kenai is a community where people and property are safe, and economic development, uh, to support the physical health of Kenai, use, uh, regional economic and workforce statistics to match the most suitable type of industry for particular areas. Staff finds the proposed use consistent with the above-mentioned goals. The proposed use will provide a safe, state-certified option for child care within the city of Kenai. More specifically, this project will provide child care for children with developmental disabilities and individualized support needs.

A recent study commissioned by the Kenai Peninsula Economic Development District, or KPED, outlined the economic impact of child care on the Kenai Peninsula. This study shows a direct impact on the economy when child care services are not available to working adults. Criteria 4: Public services and facilities are adequate to serve the proposed use. Property is served by on-site water and wastewater, as well as one has established natural gas and electric services. Property is accessible from Beaver Loop Road, city-maintained road providing adequate access for clients, staff, and emergency services.

Staff finds the public services and facilities adequate to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health, or welfare. Childcare centers are regulated by the state of Alaska and must comply with established state statutes, regulations, and oversight procedures. This includes but is not limited to fire inspections, state inspections, and other routine audits of operations and records. Staff finds that the existing regulatory structures in place will be sufficient to ensure the safety, health, and welfare of clients and members of the surrounding neighborhood.

Criteria 6: Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned Conditions per KMC 14.22.010 land use table, two additional conditions must be met. A, the proposed location of the use and the size and characteristic of the site will maximize its benefit to the public, and exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. Traffic enters and exits from Beaver Loop Road with directional flow anticipated through the two driveways. Beaver Loop Road is a major collector in the city of, um, of Kenai. Existing on-site parking is adequate to accommodate staff parking and minimize impacts to Beaver Loop Road during drop-off and pickup times.

Staff finds that the additional conditions will be met with sufficient off-street parking, a semicircular driveway, and appropriate directional signage. Pursuant to KMC 1420-280, notices of the public hearing for the conditional use permit were mailed to property owners within a 300-foot periphery of the subject Property city staff published notice of public hearing in the Peninsula Clarion. No public comments have been received at the time of this report. So finds the proposed conditional use permit for a daycare in the existing residential structure on the property described as Tract A1A, contracts A1A and A1B, these are criteria for issuance of conditional use permit as set forth in subsections E1 through E6 of Kenai Municipal Code 1421.50, and hereby recommends the Planning and Zoning Commission adopt Resolution PZ-2026-37, approving the conditional use permit subject to the following conditions. One, any development of the— or use of the property shall comply with all applicable federal, state of Alaska, or city regulations, regardless of whether or not the requirements are listed as conditions for the approval of the conditional use permit.

Pursuant to Kenai Municipal Code 1420.150, the applicant shall submit an annual report including a summary of on-site activity to the City of Kenai, due no later than December 31st of each year. 3, The applicant will meet with city staff for onsite inspections when requested. 4, 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-I-5.

And that is my report.

Thank you very much, Director. Is there anybody from the general public who would like to speak to Resolution PZ-2026-37?

The applicant is online. And would the applicant like to speak to the CUP?

I'm happy to answer any questions there may be.

I have a question. Um, what are the ages of the children that you'll be taking care of? Currently, at this time, we're looking to cap it at age 7 for children with disabilities and are exploring options, um, in Old Town Kenai for 7 and above at our Forget-Me-Not Daycare adult daycare center.

And will these children be attending local schools?

Some of them may be attending local schools. It's not uncommon for children with disabilities, um, maybe not go to school for a full day as a typically developed child would. So this daycare could be a partial option for that to help support parents in the community to continue working, providing for their families. Excellent. And will this be, will this be home to school and school to home transportation that you'll be looking for?

You know, transportation, we haven't even gotten that far yet. We acquired one of the RHCP grants and are working on developing the model for children with disabilities for this daycare. So we're hoping to have a soft opening in January of 2028. So transportation is a great idea, and maybe we can get another grant for that one.

I would encourage it. Sounds good. Thank you.

So just for clarification, in the, the packet we had the, the just a minor detail. You said you're looking at January of 2028, and it looked like it was said July of 2027 in our packet. Is that just been a modification just because of time or frame is look like it's been drug out, or is that still a soft opening for '27? It will likely be an opening for '28. The grant funding that we have runs through '27, and it is for the development of curriculum and getting the building together so that we can start going through the licensing and certification process with the state of Alaska.

Okay, so that July of '27, that's just getting everything set up and then hopefully, um, getting clients by the first of the year then? Yeah, we're anticipating getting a second year of this grant, and we'll be writing that in January with the progress that we're making now. It takes a lot to pull together a daycare, especially one for children with disabilities. Okay, and I guess just one more question. Is it still going to be— is this going to be a multi-purpose building?

It sounds like it'll still have your, your current company will be using it for other needs, or is this going to be solely just for the daycare?

I had anticipated our maintenance stand continuing to use the garage for our lawnmower. Other than that, it would continue to be— it would be the daycare. Okay, so just the daycare use. Okay, that was the only question I had. I'm glad to see you working through the process.

I think, uh, we could definitely use more daycares, and especially for this, um, particular, uh, group of individuals, is there's definitely lacking resources for them. So I hope it it continues to be successful, I'll be for this. Thank you. Anybody else? Thank you.

I just have a question for staff. Is there any impact with approving a permit knowing that they're not going to actually have operation until 2028?

Um, they— there is a provision in code that we can, um, as a commission, if operations don't start within a year, because they do have a year to kick forward, um, this would be something we could bring back in approximately a year to grant them an extension for good cause. And I think getting the licensing, um, because that is a lengthy period, um, that would be something we would bring back when we get close to the 1-year mark. But, um, I think them showing that they're getting all their ducks in a row and, um, getting themselves ready, um, I don't think it would be a hard ask for an extension, um, about this time next year. And just to clarify, is that administrative, or do they have to come back and fill out more forms and pay another fee? Uh, there would be no fee.

It would just be some— it would basically be possibly an action approval, um, that I'd bring back and forth in front of the body, um, roughly 1 year from now. Just to—. By then, we'll— they'll probably have a lot of other progress made, um, and they may even have their licensing done, um, and that will just basically give a status report and ask for an extension to the beginning of the year. Okay, thanks. And this might be completely out of the question, but is there any way we could just extend it for a 2-year or 18 months or something like that at this point to save that having to happen?

If you want to amend the resolution by adding a separate condition, um, that would, that would document it and keep it on the record. Um, if you want to add one more condition that says, um, that they have 2 years, I'd have to find the one piece in code for the reference, but we could put that in as a condition if, if the body is for it.

I would think that would be a much more effective use of our time if we can just fix it right now and save us a whole other meeting. And it would be good for their permit too. So if we can take like a— could do a 5-minute? That would be great. OK, let's call for a 5-minute at ease for research.

You're back on the record. Okay, so I would like to add a condition, make a motion to add a condition. Um, is that an S or is that just conditions? Condition— oh, Condition 5. Got it.

Okay, uh, additional condition number 5 would be the Planning and Zoning Commission hereby allows a 1-year extension for the development in accordance with KMC 14.20.150.

Um, basically what this does is allow the applicant to have 2 years to start actual daycare operations instead of just the 1, and we don't have to hear it again until they're after their time. So do I have a mo— making that motion? Second.

Okay, let's go ahead and, uh, Clerk, could you call the roll on the amendment please?

For the amendment, Chair Keeton. Yes.

Commissioner Askin. Yes. Commissioner Earsley. Yes. Commissioner Krause is absent.

Commissioner Fikes. Yes. Commissioner Woodard? Yes. And Vice Chair Douthit?

Yes. There are 6 yeses. The motion is approved. Thank you. And can we go ahead and call for a vote on the original motion, please?

As amended. Thank you, Chair. Commissioner Fikes? Yes. Commissioner Woodard?

Yes. Vice Chair Douthit? Yes. Chair Keeton? Yes.

Commissioner Askin? Yes. Commissioner Earsley? Yes. Commissioner Krause is absent.

Uh, PZ2026-37 is approved as amended. Okay.

Please note there is a 15-day period that an aggrieved party can file an appeal with the clerk's office. This brings us to G, unfinished business.

We have no unfinished business. H, new business. We have no new business. I, Planning Director Buettner, may we have your report please? Thank you, Chair Keeton.

I'll keep it brief. Um, this body probably received an email from me, I believe probably Monday. Uh, the city's undertaking their strategic 5-year strategic plan, um, and they definitely want you as commissioners to weigh in. Um, because you have a unique perspective to the city. Um, we are getting other impact for our other information from council, all the other commissions.

There'll be some public town halls throughout this process, but we definitely want to get you to weigh in on that. So there is a link in the email I sent, I believe it was Monday or Tuesday. So definitely encourage you to do that. And other than that, I appreciate not having to talk so much tonight. So I'm done.

Thank you, Planning Director Buener.

Um, my report today is basically, I'm pleased with the direction that the city is going with the small business support and keeping people from having so many difficulties trying to start their dreams and hopes for their future. And I appreciate all the members on the board who do spend their time to read their plaids or to read their packets and make sure that they can speak intelligently on these, uh, items that we review and vote on. And I want to thank everybody so much for continuing to be a part of it. And that's my report, uh, Commissioner Fikes. Alrighty, we had a rocking time on Monday.

We reviewed 7 plats, we approved them all. And then we raced on to our only item on the agenda, which was a Ridgeway vacation in the K Beach area. It was by the Diamond M Ranch and there was no objections. There was a little discussion from DNR. Basically, the folks that own that are looking to subdivide it up And so there was no impact to anybody other than the original landowners.

So that one was approved. And that shot us into a 30-minute presentation from the River Center. Samantha Lopez gave a presentation on why we have the River Center, what it looks like when we get permitting, why you have to consult the River Center if you're in the 50-foot habitat district. And what that looks like if you have a stream on your property and how do they determine that you have a stream that has fish in it. And it's not just a random decision.

It takes quite a bit of data and quite a bit of agencies and reporting. And so it's kind of an interesting discussion. And then that wrapped it up. It's pretty short and sweet. Thank you, Commissioner Fikes.

Councilmember Daniel, may we have your report? You bet. Uh, all right, so, uh, last council meeting on the 21st, a couple fun things for you all. Um, council did approve amending the public noticing, so no longer is it going to be in the paper. It'll be electronic and on the website.

They'll still be posted in a few conspicuous places, one of them being here. So that was approved. And then a really fun one, uh, fire department worked really hard to get a grant for $435,770 for some life-saving equipment and training. Uh, but the cool part about it is, um, they worked really hard to get this grant, and it was a very difficult grant to get, my understanding. But the exciting thing, uh, that the very end that we kind of got to hear from is with some of this new equipment and this training that will be one of, if not the best fire stations around in the Pacific Northwest, like rivaling Seattle and other areas.

That's really exciting here locally that we can compete with the big dogs and be the best. That was really cool and really exciting to hear. And then not as much fun to hear was the health insurance. There's a huge increase in costs, like almost 30% for the— city and for the employees. The health insurance fund did soften that blow, but still wasn't the best news compared to the previous item of business.

And then a couple other things that were worth reporting on, though Challenger Center is still kind of up in the air and what we're going to use it for, uh, but in the short term, uh, some rental fees added to the rates, um, and classifications. People could rent the building if they'd like, so that's an option until a permanent use is discovered or figured out. And then still working hard on the pore space deal with— we had acquired some more funds for legal assistance. And other than that, that is about it. Any questions, let me know.

Wonderful, thank you very much. Item J, additional public comment. Is— are there any members from the public who would like to address the commission at this time? Anybody off online? There is somebody online, but I'm not seeing a notification they'd like to speak.

Thank you. And item K, next meeting attendance notification. Please note that the next meeting is November 17th, 2026. Is anyone planning to be absent or attending remotely?

Uh, just clarify, this is a special one. To put it in the middle because Veterans Day canceled the first one. The other one was the day before Thanksgiving, so we moved early in the year to move to a special day on Tuesday.

So everybody's planning on coming? Yes? Good. Okay. I'm holding.

Look at my flights. So I leave You're busy. I leave that night, so I will not be here. Okay. Or able to attend because I will be—.

No Zoom from the first class? The air—. Well, if you— I might be able to Zoom in the first class. Not sure. That's what I'm hearing.

But no, we, we fly out at that night, so I'll be in transit that night. Okay. So, all right, Commissioner comments and questions? Does anybody have anything.