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Home My WebLink AboutResolution No. PZ2020-34CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-34 (SUBSTITUTE) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE PRELIMINARY PLAT OF KENAI BLUFF STABILIZATION SUBDIVISION ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys; and, WHEREAS, the plat meets City Code requirements of the Suburban Residential and Conservation Zone; and, WHEREAS, the plat will not change the existing access to the properties; and, WHEREAS, access to the tracts could be provided via South Forest Drive, Tanaga Avenue, and Tayan Way which are all dedicated rights-of-way maintained by the City of Kenai. In addition, there is a section line easement lying North of Tract A which could be developed for access; and WHEREAS, If at some point these tracts are developed, the City of Kenai may require that the rights-of-way for Toyon Way and Tanaga Avenue be extended; and WHEREAS, The proposed plat does not dedicate any additional rights-of-way; and WHEREAS, the plat dedicates the front fifteen (15) feet adjacent to rights-of-way as a utility easement which will allow for orderly development of the properties; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, an easement is sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the proposed lot meets standards for connection to City water and sewer lines. 2. Pursuant to Kenai Municipal Code 14.10.080 Minimum improvements required, there is adequate access and facilities available to the proposed parcel. An installation agreement is not required,. 3. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the lot meets City standards for minimum lot sizes. 4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks. Resolution No. PZ2020-34 (Substitute) Page 2 of 2 NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenai Bluff Stabilization Subdivision is attached as Exhibit "A" be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of October, 2020. ATTEST: STAFF REPORT TO: Planning and Zoning Commission FROM: Willie Anderson, Planning Assistant DATE: October 22, 2020 SUBJECT: PZ2020-34 – Preliminary Subdivision Plat – Kenai Bluff Stabilization Subdivision Applicant: Craig Lofstedt, Personal Representative, Estate of Vernon L Bud Lofstedt, Deceased P.O. Box 3024 Kenai, AK 99611 Submitted By: Segesser Surveys. 30485 Rosland St. Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – Kenai Bluff Stabilization Subdivision Legal Description: Portions of Section 1, T5N, R12W; and Section 6, T5N, R11W, Seward Meridian excepting therefrom Redoubt Terrace Subdivision and Redoubt Terrace Subdivision, Additions One through Seven Property Address: 1618 Toyon Way KPB Parcel No: 04701027 Lot Size: Approximately 52.66 acres (2,293,870 sq. ft.) Existing Zoning: Conservation – area below the bluff (approximately 35.88 acres Suburban Residential (approximately 25.60 acres) Page 2 of 4 Current Land Use: Vacant Land Use Plan: Low Density Residential GENERAL INFORMATION Segesser Surveys submitted a preliminary plat on behalf of Craig Lofstedt, Personal Representative, Estate of Vernon L. Bud Lofstedt. The plat affects the parcel described as follows: Those portions of Section 1, Township 5 North, Range 12 West, Seward Meridian, and Section 6, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, described as follows: Beginning at the one-quarter corner common to Section 6, Township 5 North, Range 11 West and Section 31, Township 6 North, Range 11 West, Seward Meridian, said corner being the true point of beginning; run thence South 0°13' East, 2,780.45 feet, more or less, along the center North-South one-quarter section line of said Section 6 to the line of mean high water (M.H.W.) of Cook Inlet, Alaska; thence Northwesterly along said line of mean high water (M.H.W.) to the section line common to Section 1, Township 5 North, Range 12 West, and Section 36, Township 6 North, Range 12 West, Seward Meridian; thence East, 1,450.68 feet, more or less, to the township corner common to Townships 5 and 6 North, Ranges 11 and 12 West, Seward Meridian; thence South 89°58'30" East, 2,557.86 feet, more or less, along the section line, common to Section 6, Township 5 north, Range 11 West, and Section 31, Township 6 North, Range 11 West, Seward Meridian, to the one-quarter corner common to Section 6, Township 5 North, Range 11 West, and Section 31, Township 6 North, Range 11 West, Seward Meridian; which is the true point of beginning, LESS AND EXCEPT THEREFROM, all that part of said land included within the right-of -way lines of the Kenai Spur Highway; AND ALSO LESS AND EXCEPT THEREFROM, a. REDOUBT TERRACE SUBDIVISION, according to Plat K-1474, Kenai Recording District, Third Judicial District, State of Alaska b. REDOUBT TERRACE SUBDIVISION, ADDITION NO. ONE (1), according to Plat K-1519, Kenai Recording District, Third Judicial District, State of Alaska c. REDOUBT TERRACE SUBDIVISION, ADDITION NO. TWO (2), according to Plat 75-86, Kenai Recording District, Third Judicial District, State of Alaska d. REDOUBT TERRACE SUBDIVISION, ADDITION NO. THREE (3), according to Plat 76-96, Kenai Recording District, Third Judicial District, State of Alaska e. REDOUBT TERRACE SUBDIVISION, ADDITION NO. FOUR (4), according to Plat 83-7, Kenai Recording District, Third Judicial District, State of Alaska f. REDOUBT TERRACE SUBDIVISION, ADDITION NO. FIVE (5), according to Plat 81-134, Kenai Recording District, Third Judicial District, State of Alaska Page 3 of 4 g. REDOUBT TERRACE SUBDIVISION, ADDITION NO. SIX (6), according to Plat 83-29, Kenai Recording District, Third Judicial District, State of Alaska h. REDOUBT TERRACE SUBDIVISION, ADDITION NO. SEVEN (7), according to Plat 83-207, Kenai Recording District, Third Judicial District, State of Alaska EXCEPTING THEREFROM the subsurface estate and all rights, privileges, immunities and appurtenances of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 [85 Stat. 688, 704; 43 U.S.C. 1601, 1613 (f) (1976)], as reserved by the United States of America in the Patent of record to said land. The surveyor has indicated that the purpose of this plat is to divide the property into two tracts. The portion shown as Tract B will be conveyed to a group of homeowners within the Redoubt Terrace Subdivision that wish to develop a plan to decelerate the erosion of the bluff. Tract A will be retained by the owner, Craig Lofstedt, Personal Representative, Estate of Vernon L. Bud Lofsted t for further development. The development of Tract A may be constrained due to a restriction set forth in Warranty Deed recorded on May 1, 1979, in Book 142 at Page 110, which stipulates as follows: (1) Usage – The property shall be used only for public park purposes and activities reasonably related thereto (no other uses are permissible); (2) Buildings – No building (s) or structures of any type may be constructed, maintained or placed thereon except such building(s) or structures directly related to the usage of the property for a public park(s). Application, Public Notice, Public Comment KMC 14.10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning Commission and then by the Kenai Peninsula Borough’s Plat Committee and Planning Commission. The applicant completed the City of Kenai preliminary plat submittal form. The City of Kenai follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal requirements. City staff published notice of the consideration of the plat as part of the agenda for the City of Kenai Planning and Zoning Commission in the Peninsula Clarion. No public comments have been received as of October 22, 2020 . Page 4 of 4 ANALYSIS The parcels are within the Suburban Residential (RS) and Conservation (C) Zone of the City. Plat note three (3) states that the subdivision is subject to City of Kenai zoning regulations. South Forest Drive is a dedicated right-of-way which could provide access to Tract B; however, it is highly unlikely that vehicles would use this right-of -way for access to the property given the steep bluff embankment. Toyon Way and Tanaga Avenue dedicated rights-of -way could be extended to provide access to Tract A, Kenai Bluff Stabilization Subdivision. Also, there if a section line easement to the North of Tract A which could be developed for access to Tract A, Kenai Bluff Stabilization Subdivision. The proposed plat does not dedicate any additional rights- of -way. If at some point these tracts are developed the City of Kenai may require that the right-of - way for Toyon Way and Tanaga Avenue be extended. City water and sewer lines are not within close proximity to these parcels. If property owners wished to develop the tracts, they will have to install a private well and a septic system following Alaska Department of Environmental Conservation requirements. Plat n ote seven (7) addresses wastewater disposal, as follows: Tract A – This lot is at least 200,000 square feet or nominal 5 acres in size and conditions may not be suitable for onsite wastewater treatment and disposal. Any wastewater treatment or disposal system must meet the regulatory requirements of the Alaska Department of Environmental Conservation. Tract B – No wastewater will be generated or disposed of on these lots. Conditions might not be suitable for onsite wastewater treatment and disposal systems. Any onsite wastewater treatment and disposal system must meet the wastewater disposal requirements of KPB Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Plat note number six (6) states the front 15 -feet adjacent to rights-of -way is utility easement. No permanent structure shall be placed within the utility easement which would interfere with the ability of a utility to use the easement. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Kenai Bluff Stabilization Subdivision, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. ATTACHMENTS 1. Resolution No. PZ2020-34 2. Application 3. Preliminary Plat 4. Aerial Map APPLICANT MAILING ADDRESS CITY, STATE, ZIP PHONE NAME OF PLAT CITY OF KENAI PLANNING DEPARMENT PRELIMINARY PLAT SUBMITTAL FORM ~YH gLVr~ 5r1T--/3ILIZ/h'~ ~0 , < ~mir'fa !1 Plat .--> Revised Preliminary Plat I CURRENT ZONING WHERE APPLICABLE: USE: Recreational Commercial ~ SEWER: On Site Community WATER: On Site Community Vacation of Public Right-of-Way Yes STREET NAME: I EXCEPTIONS REQUIRED AND REQUESTED: I COMMENTS: Date 6/24/2014 LEGEND: tit 3 1/4" BLM MONUMENT AS SHOWN FOUNO @ IRON PIPE IN MONUMENT BOX ( ) RECORD DATUM PLAT 1474 KRD NOTES: 1) Bosls of bearing token from Redoubt Terrace Subdivision, Plot K-1474, Kenai Re cording District. 2) Further development of the pro perty shall conform to all federol, State of Alaska. and local regulotfons. 3) Development must meet City of Kena i Chapter 14 Zoning Requirements. 4) This property Is subject to a reservation of easement for highway purposes, and any assignments or uses thereof for recreational, utility or other purposes, as disclosed by Public Land Order No. 601, dated August 10, 1949; ond amended by Public Land Order Number 757 doted October 10, 1959; Public Lond Order 1613, doted Apri 7, 1958; Deportment of the Interior Order Number 2665, doted October 16, 1951 Amendment Number 1 thereto. doted July 17, 1952 and Amendment Number 2 thereto, doted September 15, 1956, filed in the Federal Register. 5) Covenants, conditions, and restrictions which affect this subdivision are recorded in Book 142 Page 110 Kenai Recording District. The borough will not enforce pr ivate covenants, easements, or deed restrictions per KPB 21 .44.DSD. 6) Front 15 feet adjacent to rights-of-way Is also a utility easement. No permanent structure shall be constructed or placed within o uUit y easement which would interfere with the oblllty of a utlllty to use the easement. 7) WASTEWATER Q!SpOSAL • Tract A Thi s lot ls at least 200,000 square feet or nominal 5 acres In size and conditions may not be sultoble for onslte wastewater treatment and disposal. Any wastewater treatment or disposal system must meet the regulatory requirements of the Alaska Deportment of Environmental Conservation. WASTEWATER Q!SPOSAL-Tract 8 No wastewater will be generated or disposed of on these lots. Conditions might not be suitable for onslte wastewater treat ment ond disposal systems. Any onsite wastewoter t reatment and disposal system must meet the wastewater dlsposol requirements of KPB Chapter 20.40 ond regulatory requ ir"ements of the Alaska Deportment of En vironmental Conservation . SURVEYOR'S CERTIFICATE I hereby certify that I am property registered and licensed to practice land surveying in the Stote of Alaska, this plat represents o surw:y mode by me or under my direct supervision, the monuments shown hereon octuolly exist os described, and oR dim ensions ond other detoh are correct. Dote ---- Cook Inlet Kenai Spur Hwy Line Table Line # Dir"ection L1 S5911'DB"E L2 S03'55'00"W L3 N86'05'00"W L4 SDYSS'OO"W LS S39'51'11 "E L6 N52'01'57"W L7 SJ7'58'0J"W LS S20'47'15"W L9 S38'11'51 "E L10 S21'43'06"E L11 S4912'43"E L12 S67'25'43"E L13 N74'47'22"E Tract A 19.670 Ac. Length 91 .70' 97.70' 20.00' 165.00' 150.00' 90.00' 73.55' 33.83' 43.80' 49.09' 39.41 ' 44.21' 18.33' Curve Table Curve II I Delta J Rad ius I Leng t h ( Tcmgent I Chord I Chord Bearing c1 I s62.22 I 181s.oo· I s62.22' I 2e3.23' I ~0.12' I S60'37'42"E Nnrtt, VICINITY MAP 1" -1 llILE Cook Inlet CERTIFICATE of OWNERSHIP and DEDICATION I HEREBY CERTIF Y THAT I AM THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF- WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN . CRAIG LOfSllbt PERSONAL REPRESENJATIVE ESTATE OF VERNON L. BUD LOFSlEDT P.O. BOX 3024 KENAI, ALASKA 9961 1 NOTARY'S ACKNOWLEDGEMENT FOR --------------------- ACKNOWLEDGED BEFORE ME THIS ___ DAY OF -------20~ NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES ------ PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMfo!ISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL KPB FILE No . Kenai Bluff Stabilization Subdivision Located within the NWl /4 Sectton 6 TSN, RllW, and the NE1 /4 Section 1, TSN, R12W, S.M., City of Kenai, Kenai Peninsula Borough, Alaska . Contoini Surveyor Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 {907) 262-3909 JOB NO. 20216 SURVEYED: FIELD BOOK: Owner Estate of Vernon L. Bud Lofstedt DRAWN : SCALE : SHEET: P .O. Box 3024 Kenai, Alaska 99611 10-8-2D20 1"=200' 1 of 1 Ptn. NW 1/4 , Section 6, T5N, R11W and Ptn. NE 1/4, Section 1 T5N, R11W Kt;NAI N W+E s 850' -- 1 inch equals 833 feet The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map . Date: 10/22/202