HomeMy WebLinkAboutResolution No. PZ2021-03JANUARY 27, 2021
PLANNING AND ZONING COMMISSION MEETING
ADDITIONAL MATERIAL/REVISION
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item E.1. Resolution No. PZ2021-03
Memorandum to Commission
Revised Resolution to Amend a Condition
of Approval
Administration
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 27, 2021
SUBJECT: Amendment to Resolution PZ2021-03 – Preliminary Plat – Illiamna View
Subdivision 2020 Replat
Administration recommends that the Commission amend Resolution PZ2021-03 – Preliminary
Plat – Illiamna View Subdivision 2020 Replat to replace the second condition in Section 1 with a
new condition, by making the following motion;
I move to replace the second condition in Section 1 with a new condition as follows:
Remove Note 6 from the Plat, the City of Kenai does not participate in the FEMA Floodplain
program and does not comply with Title 21, Chapter 6 of the Kenai Peninsula Borough
Code of Ordinances.
Thank you for your consideration.
Attachment:
Amended Resolution PZ2021-03 – Preliminary Plat – Illiamna View Subdivision 2020 Replat
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT ILLIAMNA VIEW SUBDIVISION 2020 REPLAT
ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, Kenaitze Court and I Street SE provide access to the proposed Lots 1-B and 1-C,
Block Two (2) Illiamna View Subdivision 2020 Replat; and,
WHEREAS, Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE
provides legal access to the proposed lots; however, this street has not been developed. Because
it is unlikely that these parcels will be further developed, the City of Kenai will not require that I
Street SE be further developed at this time. An installation agreement is not required; and
WHEREAS, City water and sewer lines are not located in this area and an installation agreement
will not be required; and,
WHEREAS, A note on the plat provides that conditions might not be suitable for onsite wastewater
treatment and disposal systems. No wastewater will be generated or disposed of on these lots as
of the date of this plat. If circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal requirements of KPB
Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation; 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, maximum height, and
setbacks.
Resolution No. PZ2021-03
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 Illiamna View 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. Remove Note 6 from the Plat, the City of Kenai does not participate in the FEMA
Floodplain program and does not comply with Title 21, Chapter 6 of the Kenai Peninsula
Borough Code of Ordinances.
3. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: January 21, 2021
SUBJECT: PZ2021-03 – Preliminary Plat – Illiamna View Subdivision 2020 Replat
Applicant: Clifford and Kathleen Heus
4540 Kenaitze Court
Kasilof, AK 99610
Submitted By: McLane Consulting, Inc.
P.O. Box 468
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Illiamna View Subdivision 2020
Replat
Legal Description: Unsubdivided remainder of Lot 1, Block 2, Illiamna View
Subdivision resubdivision of Lots 1, Block 1, and Lot 1, Block 2,
Illiamna View Subdivision, Plat No. 78-99.
Property Address: 4500 I Street S.E.
KPB Parcel No: 049-310-10
Lot Size: Approximately 16.234 acres (707,153 square feet)
Existing Zoning: Rural Residential (RR)
Current Land Use: Vacant
Land Use Plan: Low Density Residential
Page 2 of 3
GENERAL INFORMATION
McLane Consulting, Inc. submitted a preliminary plat on behalf of the property owners, Clifford
and Kathleen Heus. The plat affects the parcel described as unsubdivided remainder of Lot 1,
Block 2, of Illiamna View Subdivision, resubdivision of Lots 1, Block 1, and Lot 1, Block 2, Illiamna
View Subdivision, Plat No. 78-99.
The property owner wishes to subdivide a large lot comprised of approximately 16.234 acres
(approximately 707,153 square feet) into two lots. The proposed Lot 1-B, Block 2, Illiamna View
Subdivision 2020 Replat will be approximately 1.239 acres (approximately 53,971 square feet).
The proposed Lot 1-C, Block 2, Illiamna View Subdivision 2020 Replat is approximately 14.980
acres (approximately 652,529 square feet).
The application submitted by McLane Consulting, Inc. indicates that the purpose of the plat is to
provide private access to the Kenai River. The property owner also owns several lots within
Illiamna View Subdivision and would like to access the Kenai River via the proposed Lot 1-B,
Block 2, Illiamna View Subdivision 2020 Replat. It should be noted that there is a section line
easement along the north boundary of the proposed lot. Access is not limited to private use only.
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. No public comments
have been received as of January 21, 2021.
ANALYSIS
Access to the proposed lots is provided via Kenaitze Court and I Street SE. Kenaitze Court is a
gravel City maintained road. The right-of-way for I Street SE provides legal access to the proposed
lots; however, the street has not been developed. Because it is unlikely that these parcels will be
further developed, the City of Kenai will not require that I Street SE be further developed at this
time. An installation agreement is not required.
A note on the plat provides that conditions might not be suitable for onsite wastewater treatment
and disposal systems. No wastewater will be generated or disposed of on these lots as of the
date of this plat. If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter 20.40
and the regulatory requirements of the Alaska Department of Environmental Conservation.
Page 3 of 3
The probability of this property being developed is highly unlikely. The property is mostly wetlands
and also within the flood hazard area by FEMA. The flood zone AR is per FEMA panel 020012-
2035A. Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances
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 approval of the preliminary plat of Illiamna View Subdivision 2020 Replat,
subject to the conditions as forth below.
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of Illiamna View 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.Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3.If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
ATTACHMENTS
1.Resolution No. PZ2021-03
2.Application
3.Preliminary Plat
4.Aerial Map
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT ILLIAMNA VIEW SUBDIVISION 2020 REPLAT
ATTACHED HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential Zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, Kenaitze Court and I Street SE provide access to the proposed Lots 1-B and 1-C,
Block Two (2) Illiamna View Subdivision 2020 Replat; and,
WHEREAS, Kenaitze Court is a gravel City maintained road. The right-of-way for I Street SE
provides legal access to the proposed lots; however, this street has not been developed. Because
it is unlikely that these parcels will be further developed, the City of Kenai will not require that I
Street SE be further developed at this time. An installation agreement is not required; and
WHEREAS, City water and sewer lines are not located in this area and an installation agreement
will not be required; and,
WHEREAS, A note on the plat provides that conditions might not be suitable for onsite wastewater
treatment and disposal systems. No wastewater will be generated or disposed of on these lots as
of the date of this plat. If circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal requirements of KPB
Chapter 20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation; 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, maximum height, and
setbacks.
Resolution No. PZ2021-03
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 Illiamna View 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.Prior to development, the Kenai Peninsula Borough floodplain administrator should be
contacted for current information and regulations. Development must comply with Title 21,
Chapter 6 of the Kenai Peninsula Borough Code of Ordinances.
3.If circumstances change to allow lawful onsite wastewater treatment and disposal
systems, those systems must meet the wastewater disposal requirements of KPB Chapter
20.40 and the regulatory requirements of the Alaska Department of Environmental
Conservation.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 27th day of January, 2021.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, CITY CLERK