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HomeMy WebLinkAboutResolution No. PZ2020-37K(;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-37 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BEAVER CREEK ALASKA SUBDIVISION 2020 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys. and, WHEREAS, the plat meets Municipal Code requirements of the General Commercial Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, The Kenai Spur Highway is paved and State-maintained road providing access to the proposed Lots 2A and 3A, Block G, Beaver Creek Alaska Subdivision 2020 Replat; and, WHEREAS, City water and sewer lines are not located in this area and an installation agreement will not be required; and, WHEREAS, the property owners have installed private wells and onsite septic systems which meet the regulatory requirements of the Alaska Department of Environmental Conservation; and WHEREAS, the moving of the lot line between Lots 2 and 3 Beaver Creek Alaska Subdivision Amended will alleviate the non-conformity of the structure located on Lot 3, Block G, because the side yard setback requirement will be met; 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, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, and maximum height. 4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the existing structure is not in compliance with the front yard setback requirement. The front setback requirement is twenty feet (20') in the General Commercial zone and the distance from the structure to the prope'rty line is approximately eleven feet (11'). The structure is Resolution No. PZ2020-37 Page 2 of 2 considered a non-conforming structure as set forth in Kenai Municipal C14.20.050 (a) and (d). NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Beaver Creek Alaska Subdivision 2020 Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2 Luke Saven is a Limited Liability Corporation; the letters LLC should be inserted after Luke Saven on the plat. 3. The plat notes numbers are not sequential and should be renumbered. ATTEST: ~r STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 7, 2021 SUBJECT: PZ2020-37 – Preliminary Plat – Beaver Creek Alaska Subdivision 2020 Replat Applicants: Freedom Indeed LLC P.O. Box 1109 Kasilof, AK 99610 (Lot 3, Block G, Beaver Creek Alaska Subdivision Amended) Luke Saven LLC P.O. Box 439 Kasilof, AK 99610 (Lot 2, Block G, Beaver Creek Alaska Subdivision Amended) Submitted By: Segesser Surveys, Inc. 30485 Rosland Street Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – Beaver Creek Alaska Subdivision 2020 Replat Legal Description: Lots 2 and 3, Block G, Beaver Creek Alaska Subdivision Amended Property Address: 6383 Kenai Spur Highway and 6415 Kenai Spur Highway KPB Parcel No: 04107102 and 04107103 Lot Size: .98 acres (approximately 42,689 square feet), and .98 acres (approximately 42,689 square feet) Existing Zoning: General Commercial (CG) Current Land Use: Freedom Physical Therapy and Polar Screens and Signs Page 2 of 3 Land Use Plan: General Commercial GENERAL INFORMATION Segesser Surveys Inc. submitted a preliminary plat on behalf of the property owners, Freedom Indeed LLC and Luke Saven LLC. The plat affects the parcels described as Lots Two (2) and Three (3), Block G, Beaver Creek Alaska Subdivision Amended. The property owners wish to move the property line between the two lots which will create Lots 2A and 3A, Block G. Beaver Creek Alaska Subdivision 2020 Replat. Lot 2A, Block G will be approximately 0.949 acres (approximately 41,338.44 square feet). Lot 3A, Block G, will be approximately 1.014 acres (approximately 44,170 square feet). The property owners have recently purchased Lot 3, Block G, Beaver Creek Alaska Subdivision Amended and wishes to renovate the existing building to accommodate an expansion of the physical therapy facility located on the adjoining lot. The as-built survey submitted with the building permit application for the renovation discloses that the staircase on the East side of the building encroaches into the side yard setback. A portion of the building is only 7.8 feet from the property line. The side yard setback requirement in the General Commercial zone is ten (10) feet. The width of Lot 2, Block G. shall be decreased by five (5) feet; and the width of Lot 3, Block G, shall be increased by five (5) feet. The moving of the property line between the two lots will bring the structure located on Lot 3, Block G into conformance with the side yard setback requirement for the General Commercial zone with a 12.8 foot side yard setback. 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 property owners 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 on Thursday, January 7, 2021. No public comments have been received as of January 7, 2021. ANALYSIS Access to the proposed Lots 2A and 3A, Block 3, Beaver Creek Alaska Subdivision 2020 Replat is currently provided on the Kenai Spur Highway. The Kenai Spur Highway is maintained by the State of Alaska. A note on the plat provides that no direct access to state-maintained rights-of- way is permitted unless approved by the State of Alaska Department of Transportation and Public Facilities, which would apply to any access from the Kenai Spur Highway. City water and sewer lines are not available in this area. The properties are currently serviced by private wells and onsite septic systems and an installation agreement will not be required. Page 3 of 3 Further, it is noted that the existing structure is not in compliance with the front yard setback requirement. The front setback requirement is twenty feet (20’) in the General Commercial zone and the distance from the structure to the property line is approximately eleven feet (11’). The structure is considered a non-conforming structure as set forth in Kenai Municipal C14.20.050 (a) and (d). The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. City staff recommends a condition of approval for the property to conform to all federal, State of Alaska, and local regulations, the letters “LLC” should be inserted after Luke Saven on the plat, and the plat note numbers should be corrected in order to be sequential. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Beaver Creek Alaska Subdivision 2020 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Luke Saven is a Limited Liability Corporation; the letters LLC should be inserted after Luke Saven on the plat. 3. The plat note numbers should be corrected; they are not sequential. ATTACHMENTS 1. Resolution No. PZ2020-37 2. Application 3. Preliminary Plat 4. Aerial Map 5. As-built Survey _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-37 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BEAVER CREEK ALASKA SUBDIVISION 2020 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys. and, WHEREAS, the plat meets Municipal Code requirements of the General Commercial Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, The Kenai Spur Highway is paved and State-maintained road providing access to the proposed Lots 2A and 3A, Block G, Beaver Creek Alaska Subdivision 2020 Replat; and, WHEREAS, City water and sewer lines are not located in this area and an installation agreement will not be required; and, WHEREAS, the property owners have installed private wells and onsite septic systems which meet the regulatory requirements of the Alaska Department of Environmental Conservation; and WHEREAS, the moving of the lot line between Lots 2 and 3 Beaver Creek Alaska Subdivision Amended will alleviate the non-conformity of the structure located on Lot 3, Block G, because the side yard setback requirement will be met; 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, easements are sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and desirable building sites, and the preliminary plat meets standards for water and wastewater. 2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the proposed lots meets City standards for minimum lot sizes. 3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots meet City standards for minimum lot width, maximum lot coverage, and maximum height. 4. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the existing structure is not in compliance with the front yard setback requirement. The front setback requirement is twenty feet (20’) in the General Commercial zone and the distance from the structure to the property line is approximately eleven feet (11’). The structure is Resolution No. PZ2020-37 Page 2 of 2 considered a non-conforming structure as set forth in Kenai Municipal C14.20.050 (a) and (d). NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Beaver Creek Alaska Subdivision 2020 Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2 Luke Saven is a Limited Liability Corporation; the letters LLC should be inserted after Luke Saven on the plat. 3. The plat notes numbers are not sequential and should be renumbered. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of January, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK City of Kenai r Plannin g and Zo ni ng Depart me nt Preliminary Plat 210 Fidalgo Avenue Kenai, AK 99611 Submittal Form (907) 283-8200 ~ p lanning@kenai.city www.kenai.city/planning l!.\.:{;lU IW~'ll'~! [t-'fll ~<l'J ~·1mu Name: Segesser Surveys Inc Mailing Address: 30485 Rosland St City: I Soldotna State: IAK !Zip Code: 199669 Phone Number(s): 907-262-3909, 907-252-3421 Email: seggy@ptialaska.net t;.i..:!.!!.:l:::l:'iJ'\1U}'l'J~I ::::l~I Name: Freedom Indeed LLC I Luke Saven Mailing Address: P.O. Box 1109 City: I Kasilof State: IAK !Zip Code: 199610 Phone Number(s): Email: t;J.;!!l :,I :I ;!ro"lfili(.•l~~M.!.liC•l ~I Property Owner Name: IFreedon Indeed LLC I Luke Saven Current City Zoning: General Commercial Use: D Residential D Recreational ll Commercial D Other: Water: l!l On Site D City D Community Sewer: l!l On Site D City D Community ~l!M•l:-11'.r!ll(•l~I Preliminary Plat Name: Beaver Creek Alaska Subdivision 2020 Replat Revised Preliminary Plat Name: Vacation of Public Right-of-Way: DYes Iii No Street Name (if vacating ROW): Exceptions Required and Requested: Comments: {\ I :l:l•ll ll~l ~{;lI f ..:JM: li'i l ::::I~ •-.:i D Certificate to Plat /1 I J ~ (1) 24" x 36" Plat Ji((2) 11" x 17" Plats I II/ 1 /I h"'1L~~J ·~ Signature: Mfl.~-~ I Date: I 11:..-7 --7fJJ Print Name: 0 o IFitJ ~,,,... ~"':::'" {\4ritle/Business: LEGEND: 3 1/4" BLM MONUMENT AS SHOWN FOUND 5/8" REBAR w/PLASTlC CAP FOUND • 5/8" REBAR w/PLASTlC CAP FOUND 0 5/8" REBAR w/PLASTlC CAP LSBB59 SET ( ) RECORD DATUM PLAT 2D11-41 KRD NOTES: 1} Bas is of bearing taken from Beaver Creek Alaska Subdivision Amended, Plat 81-101, Kenai Recording District. 2) Further development of the property shall conform to oll federol, Stote of Alosko, and local regulations . J) Development must meet City of Kenai Chapter 14 Zoning Requirements. 7} No private access to Stole maintained ROWs permitted unless approved by the State of Alaska Department of Trcnsportotlon. 6) Front 15 feet adjacent to rights-of-way is also a utility easement. No permanent structure shall be constructed or placed within o utility easement which would interfere with the ability of a utility to use the easement. 9) WASJEWATER DISPOSAL· Soil conditions, water table levels, and soil slopes in . this subdivision have been found suitable for conventional onsite wdstewoter treatment end disposal systems serving single-family or duplex residences and meeting the regulatory requirements of the Kenai Peninsula Borough. Any other type of onsite wastewater treatment ond disposal system must be designed by a professional engineer, registered to practice in Alaska, and the design must be approved by the Alaska Deportment of Environmental Conservation. Engineer license No. dote PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL SURVEYOR'S CERTIFICATE I hereby certify that I om properly registered and licensed to practice land surveying in the State of Alaska, this plat represents a survey made by me or under my direct supervision, the monuments shown hereon actually exist as described, and all dimensions and other details ore correct. Date KN 81-101 Lot 4 Block G KN 81-101 Lot 9 Block G Lot 3A Block G 1.014 Ac. I I I KN 81-101 Lot 10 Block G I I I I I I I KN 81-101 Lot 11 Block G I I Lot 2A Block G I I I 0.949 Ac 81-101 Lot 1 Block G VICINITY MAP 1" -1 MILE 26 25 30 CERTIFICATE of OWNERSHIP and DEDICATION WE HEREBY CERTIFY THAT WE ARE THE OYINERS OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE ALL RIGHTS-OF- WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. FREEDOM INDEED LLC P.O. BOX 11D9 KASILOF, ALASKA 9961D FORMER LOT 2 BLOCK G LUKE SAVEN P.O. BOX 439 KASILOF, ALASKA 99610 FORMER LOT 3 BLOCK G NOTARY'S ACKNOWLEDGEMENT FOR--------------------- 29 ACKNOWLEDGEO BEFORE ME THIS ___ DAY OF 20_. NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES ------ NOTARY'S ACKNOWLEDGEMENT FOR --------------------- ACKNOWLEDGED BEFORE ME THIS ___ DAY OF 2D_. NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES ------ KPB FILE No . Beaver Creek Alaska Subdivision 2020 Replat A resubdivisinn of Lots 2 and 3 Block G, Beaver Creek Alaska Subdivision Amended, Plot 81-1 OT .Kenai Recording District. Located within the Wl/2 SE 1/4 Section 36, T6N, R11W, S.M., City of Kenai, Kenai Peninsu la Borough, Alaska. Containing 1.960 Ac. Surveyor Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 (907) 262-3909 JOB NO. 2D309 SURVEYED : FIELD BOOK : Owners Freedom Indeed LLC Luke Saven P.O. Box 1109 P.O . Box 439 Kasilof, Alaska 99610 Kallilof, Alaska 99610 DRAWN: 12-7-20 SCALE: 1·-50· SHEET: 1 of 1 Lots 2 and 3, Block G, BEA VERCREEK ALASK A SUBD IVISION6383 & 6415 Kenai Spur Hwy.Parcels 04107102 & 04107103 BEAVER LOOP RDFERN STTOGIAK ST TUSTUMENA ST TIDAL STEAGLE STDOLCHOK LNIOWA STF I REWE E D L NPTARMIGAN STNEVADA STPARKSIDE DRALEENE WAYSHOTGUN DRJULIU S S E N S T EISENHOWER LNRAVEN STN FERN STTOGIAK ST KENAI SPUR HWYADL 51055MINCHUMINA AVE AMES RDPRIMROSE PL LUPINE DR WILDROSE AVE D O G W O O D R D CUB CT FORGET ME NOT RD N D O G W O O D R D .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 540270 Feet LEGEND Su bject Parcel Date: 1/8/2021 ... ~ell "" Q?,° ~.t>l.t ?-~ I q;u. I / Drlwway ( ' Lot 4 ~' ,.., . ' Lot I I I LEGEND e Found Rebar ~ Sewer vent f"Sat dleh Lot 3 Block GI I 11.0968' Lot 2 I hereby certify that I have surveyed the following described property: Lot 3 Block G Begver Creek Alas!so Amended KENAI RECORDING DISlRICT Plat e1-1o1 and that no encroachments exist except i------"""T"'-----+-----t as Indicated. Date: 10-28-20 Scale: , .. _50' Drawn: Jf'S Exclyslon Ngto: i---------+------+-------t Job: 20280 Book: 20-3 It Is the responslblllty of the Owner to +-------------------1 determine the existence of any easements, SEGESSER SURVEYS 30486 BOSLAND ST. SOLDOTNA, AJC 99889 (907) 282-3809 covenants, or restrictions which do not appear on the recorded subdivision plot. Under no circumstances should any data hereon be used for construction or for establlsh!ng boundary or fence lines.