Planning commission approves multiple easement and right-of-way vacations and three conditional-use permits; postpones one plat note removal

The Kenai Peninsula Borough Planning Commission on July 14, 2025, approved four separate easement/right-of-way vacation requests, granted three conditional-use permits and voted to postpone a plat note removal so staff can gather more information.

The commission voted on eight formal items that required motions or resolutions. Most votes were unanimous. Several applicants or their representatives answered questions during public comment or presented brief clarifications to the commission before votes.

Votes at a glance

- Plat note removal — KPB file 2025-084: Motion to postpone until staff can gather more information. Outcome: postponed. (Motion recorded 07/14/2025; vote recorded at 00:05:57–00:06:36.)

- Utility easement vacation — KPB file 2025-074V (Paradise South Subdivision replat): Motion to grant the petitioned utility easement vacation adopting staff findings 1–9 and two staff conditions. Outcome: approved (unanimous roll call). Staff noted the vacation would be finalized by the Paradise South Subdivision replat and that one note required by city code would remain on the plat. (Staff report summarized 00:07:23–00:09:51.)

- Right-of-way vacation — KTV file 2025-094V (Cliff addition to Seward Townsite, Walker replat): Motion to grant the vacation as petitioned, subject to four staff conditions; outcome: approved (unanimous roll call). Staff said the vacations are intended to allow adjacent lots to be combined and that the city of Seward had recommended the vacation. (Staff report summarized 00:11:48–00:15:27.)

- Right-of-way vacation — KV file 2025-097B (Herbert Way): Motion to grant the vacation as petitioned, subject to four staff conditions; outcome: approved (unanimous roll call). Staff noted the applicant will need to submit a final plat and include the vacated utility easement in the legal description. (Staff report summarized 00:17:23–00:20:40.)

- Right-of-way vacation — KPB file 2025-091B (Sixth Street, Kenai Meadows Addition No. 2): Chair Brantley recused from this item and temporarily passed the gavel to Commissioner Gillum. The commission approved the vacation as petitioned subject to staff conditions; outcome: approved (unanimous roll call among voting members). The petitioner on record was Kenai Peninsula Housing Initiatives (Dana Gregoire), which confirmed development activity will be along Redoubt Road frontage and not on the northern tract. (Item and public questions 00:23:20–00:31:10.)

- Conditional-use permit — PC Resolution 2025-11 (fence in 50-foot Habitat Protection District at Centennial Park, City of Soldotna): Staff recommended and the commission granted the conditional-use permit subject to conditions in the resolution. Morgan Aldridge (planner) explained the fence is intended to direct foot traffic away from restoration areas; the applicant (assistant parks director Miguel Randall) confirmed the parks department will install and maintain the fence. Outcome: approved (unanimous roll call). Several commissioners discussed whether a recently adopted code change applied to this application; staff said the application must be judged under the code in effect when it was submitted. (Staff report and discussion 00:32:24–00:37:36.)

- Conditional-use permit — PC Resolution 2025-10 (two trail bridges for Snowmads across the Anchor River and an unnamed tributary): Staff described two bridge structures (two 40-foot sections across the Anchor River and one 40-foot section across a tributary; concrete abutments, wooden planks, rock fill) that meet ADF&G fish-passage requirements pending permits. A commissioner commended the Snowmads for trail stewardship. Outcome: approved (unanimous roll call). (Staff report 00:37:57–00:41:20.)

- Conditional-use permit — PC Resolution 2025-12 (Alaska Railroad/ADOT culvert replacement on Seward Highway): Staff described replacement of a 7-foot culvert with a 13-foot culvert, with riprap and streambed mix and approximately 4,300 cubic yards of fill above ordinary high water to address flooding concerns. Staff noted a Department of Natural Resources (DNR) comment received the morning of the meeting that the applicant may need DNR permits; staff forwarded that comment to the railroad. Outcome: approved (unanimous roll call). (Staff report 00:41:54–00:44:50.)

What commissioners and applicants said

Applicant Scott Brown, who proposed a right-of-way vacation affecting two lake-adjacent lots, said: “I own both properties that the easement runs through,” and explained he wants to consolidate the parcels and will work with adjoining property owners on the property formerly under easement. Dana Gregoire of Kenai Peninsula Housing Initiatives confirmed the Kenai Meadows No. 2 development would be along Redoubt Road frontage and that the organization does not own Tract A2, which remains with the city of Kenai.

Staff noted several vacations and plats will be finalized by subsequent plat filings and that city planning commissions in affected cities (Homer, Seward, Kenai) had reviewed or recommended approval of the associated plats in prior meetings.

Why it matters

Right-of-way and easement vacations change public access, utility corridors or future development patterns. Conditional-use permits inside the 50-foot Habitat Protection District (HPD) and culvert replacements can affect riverbank restoration, fish passage and flood risk; the commission noted compliance with state fish-passage rules where applicable and forwarded conditions intended to reduce ecological harm.

Meeting context and next steps

Several of the approved vacations require final plats to complete the vacations. The Kenai Peninsula Borough Assembly or city councils may have consent or veto authority for vacation approvals depending on location; staff noted the Assembly will hear certain vacations at upcoming meetings (for example, the Assembly is scheduled to hear the Stedman Subdivision vacation on 08/05/2025). The postponed plat note removal (KPB file 2025-084) will return when staff submits further information.

Ending

The commission’s plat committee reported having reviewed and approved eight plats at its meeting. The Planning Commission adjourned after brief director and commissioner comments.