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Kenai council refers contested rezoning of 10060 Kenai Spur Highway back to Planning & Zoning
Summary
After extended debate over density, lot sizes, wetlands and a potential Open Meetings Act violation by the Planning & Zoning Commission, council voted to send Ordinance 35-10-20-26 back to P&Z for public hearing and certified minutes before council consideration on June 3.
The Kenai City Council voted on May 6 to refer Ordinance 35-10-20-26 (rezoning 10060 Kenai Spur Highway) back to the Planning & Zoning Commission for a new public hearing and certified minutes after the city attorney told council the commission had improperly gone into an adjudicative session.
The ordinance would rezone part of an 81-acre parcel—administration said roughly 10 acres adjacent to existing roads and utilities appear developable—from conservation to suburban residential (administration’s recommendation) while leaving the remainder in conservation due to wetlands and drainage. Planning & Zoning’s draft minutes recommended rural residential instead of suburban; commissioners’ findings cited traffic and property-value impacts but did not provide supporting data in the record, several council members noted.
City Attorney Bloom advised that curing the potential Open Meetings Act violation required the commission to redo the hearing in open session and provide certified minutes and records to council. Bloom also noted the city code requires the commission’s written recommendation be accompanied by certified minutes.
Councilmember Askin moved—by unanimous consent—to refer the substitute ordinance as amended back to Planning & Zoning for a public hearing on May 27, with council to take it up again on June 3. The referral passed without objection.
Council members discussed differences between suburban and rural residential (minimum lot sizes and permitted dwelling units), the presence of wetlands and the need for developer due diligence and Corps of Engineers determinations; staff clarified utilities are present at the nearby corner and that road condition is currently adequate for residential standards.
