Planning panel recommends vacating 60-foot right-of-way in Black Gold Estates; council action still required

The Kenai Planning and Zoning Commission voted 3–1 on March 25 to recommend conditional approval of Resolution PZ2026-07, which would vacate a 60-foot unnamed right-of-way along the southeastern boundary of Lot 11A, Block 8 in the Black Gold Estates replat.

Planning Director Beutner told the commission that the city received a preliminary plat from McLean Consulting Inc. and that staff finds "the proposed vacation plat meets preliminary plat requirements and development requirements for the general commercial zoning district." Beutner said access for the subject lot is from Wildwood Drive, utilities are available there, and the preliminary plat meets relevant sections of the Kenai Municipal Code (including subdivision and lot-area standards). He recommended approval subject to conditions, including that the Kenai City Council declare the right-of-way not needed for a public purpose and add a plat note limiting access from Windflower Drive.

Applicant Alex, who said he owns property adjacent to the strip, told the commission the unnamed right-of-way is unused and adds significant cost for driveway and utility extensions. "This is a 60 foot non used right away," Alex said, adding that requiring an additional 60 feet of driveway and utility work would cost "tens of thousands of dollars" before development could proceed. Alex also said vacating the strip would allow him to clear trees and fix drainage that currently causes ponding on his property. He said he is financing the vacate and that he is no longer on the city council, addressing a prior perception of conflict.

Alex recused himself from voting and stepped down from the dais, saying, "I'm gonna go ahead and recuse myself at this time and step down since it's directly or relates to me." The motion to recommend the plat vacation was made by Commissioner Ursula and seconded by Commissioner Fikes. When the clerk called the roll, Chair Keaton voted yes, Commissioner Ursula voted yes, Commissioner Fikes voted yes and Commissioner Asking voted no. The resolution passed by a 3–1 vote.

Staff identified three primary conditions for final approval: that the property comply with all applicable federal, state (including Alaska) and local regulations; that the Kenai City Council formally declare the 60-foot right-of-way not needed for a public purpose and approve the vacation on the final plat; and that a plat note be added to prohibit access from Windflower Drive to avoid double frontage, consistent with KMC 14.10.070(e)(2). Beutner also noted that since the city secured an agreement with the Kenai Native Association over Wildwood Drive ownership, the administration now believes the unnamed strip is no longer required for public access.

The commission’s action is a recommendation; final authority to vacate the right-of-way rests with the Kenai City Council. The commission record and the staff report also note that if the right-of-way is formally declared not needed it would revert to the adjoining private landowner to the north under the municipality’s process for vacated rights-of-way.

The commission received an informational item from Beutner about an FAA Section 106 environmental review for a fence replacement around the airport (the FAA found no undisturbed historic resources would be affected). The commission also excused Commissioner Woodard’s absence and closed the meeting with no further business scheduled.

Next steps: the Kenai City Council must declare the right-of-way not needed before the vacation can be finalized and recorded.