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Commission recommends right‑of‑way dedication for tribal‑owned Kainichi Acres with limited city winter maintenance

5077417 · June 26, 2025
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Summary

The commission recommended approval of a right‑of‑way dedication plat for Kainichi Acres that dedicates multiple utility easements and a 33‑foot right‑of‑way on Redoubt Avenue; the parcel will remain tribally owned and the city agreed to limited winter maintenance for up to 10 years.

The Kenai Planning and Zoning Commission on June 25 recommended approval of Resolution PZ2025-22, a right‑of‑way dedication plat for what the staff packet identifies as Kainichi Acres, a 158.275‑acre parcel in Section 30, Township 6 North, Range 11 West, Seward Meridian.

Edge Survey and Design LLC submitted the plan on behalf of the property owner. Staff said the dedication grants multiple utility easements — a 30‑by‑487‑foot easement, a 20‑by‑2,122‑foot easement along the western boundary, a 60‑by‑977‑foot easement near Walnut Avenue and a 30‑by‑180‑foot easement near Windward Drive — and dedicates a 33‑foot right‑of‑way for Redoubt Avenue with a 10‑foot utility easement. The parcel was described as divisible only for right‑of‑way purposes; the owner intends to retain tribal ownership rather than subdivide the land.

Staff noted city water and sewer are available at the parcel’s southwest corner and that extensions of water and sewer onto the parcel would be developer responsibilities when development occurs. The public works review raised no comments; staff said an installation agreement may be required for the final plat. FEMA designates portions of the parcel as an undetermined flood risk (Zone D), and the floodplain administrator had no comments on the preliminary plan.

Commission discussion focused on the layout of the dedicated easements, the privately owned road that will be constructed by the tribe and the terms of the city’s maintenance. Director Buettner said the tribe will construct private roads and that the city agreed to provide only limited winter maintenance (plowing) for up to 10 years under an agreement approved earlier by council; the city would also construct drainage along the western easement to help alleviate flooding in adjacent subdivisions. Commissioners asked about liability and signage; Buettner said details were addressed in legal agreements between the city and tribal counsel and that routine landscaping and non‑winter maintenance remain the property owner’s responsibility.

Because the parcel is being retained as a single, tribally owned parcel, staff requested an exception to KMC 14.10.070(D)(1) (maximum block length 1,400 feet). The commission approved the dedication plat by unanimous consent and forwarded the recommendation to council.