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Home My WebLink About2021-07-28 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 July 28, 2021 Kenai Planning & Zoning Commission - Regular Meeting July 28, 2021 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of July 14, 2021 C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS 1. Resolution PZ2021-30 - Preliminary Subdivision Plat of Black Gold Estates 2021 Replat, submitted by McLane Consulting, Inc., P. O. Box 468, Soldotna, AK 99669, on behalf of Alex Douthit, 1104 Leeward Drive, Kenai, AK 99611 F. PUBLIC HEARINGS 1. Resolution PZ2021-27 – Application for the rezoning of a tract of land described as the North 150 feet of Government Lot 34, Section 6, Township 5 North, Range 11 West, fronting the Kenai Spur Highway (KPB Parcel No. 04702011), from Suburban Residential (RS) to General Commercial (CG). The application was submitted by the majority property owner, Kenaitze Indian Tribe, 150 Willow Street, Kenai, Alaska 99611 Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 July 28, 2021 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. Action/Approval - Approving a Letter of Non-Objection to the Time Extension for the Finalization of the Plat of Kee's Tern Subdivision. I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS 1. PZ Resolutions Second Quarter - 2021 2. Building Permits Second Quarter - 2021 3. Code Enforcement Action Second Quarter Report - 2021 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. August 11, 2021 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/89482053953 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 894 8205 3953 Passcode: 791861 Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JULY 14, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, R. Springer, J. Halstead, A. Douthit, D. Fikes, G. Woodard Commissioners absent: G. Greenberg Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W. Anderson, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda and Vice Chair Fikes SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Vice Chair Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None. Page 3 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 5 July 14, 2021 B. APPROVAL OF MINUTES 1. *Regular Meeting of June 23, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2021-26 - Application for a Variance Permit to Allow for a Rear Yard Setback of Five Feet where a Twenty-Foot Setback is Required and Height Restriction of Twelve Feet for a One-Story Accessory Building on Property Described as Lot 5, Block 3, Deepwood Park Subdivision Amended, and Located at 110 Deepwood Ct., Kenai, AK 99611. The Application was Submitted by Brad Nyquist, P.O. Box 1821, Kenai AK 99611. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-26 and Commissioner Woodard SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to construct an approximately 320 square foot deck on his property and a storage building on top of the deck, and the application was for a variance of rear yard setback and building height. It was noted the application met the criteria and City staff recommends approval 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 commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. Chair Twait opened for public hearing. Brad Nyquist clarified that this would be a storage shed and a workshop. He stated that he intends to use trees he cut down as lumber to create a timber frame structure, and has not received any negative feedback from neighbors about the proposed structure. The applicant clarified the details of the structure’s foundation, which a contractor helped him to engineer and he built himself. There being no one else wishing to be heard, the public hearing was closed. Page 4 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 5 July 14, 2021 Clarification was provided that the deck and structure combined would be larger than 200 square feet which required a building permit. VOTE: YEA: Springer, Halstead, Douthit, Fikes, Woodard, Twait NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin. MOTION: Commissioner Halstead MOVED to recommend approval of a Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin and Vice Chair Fikes SECONDED the motion. Clarification was provided that this Special Use Permit has been provided on an annual basis for several years, and this is a continuation without any major changes. The Commission discussed why this is an annual SUP instead of a lease, and it was noted that a SUP can allow for more flexibility and may be a better option for the Chamber. VOTE: YEA: Halstead, Douthit, Fikes, Woodard, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. 2. Action/Approval - Recommendation for Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, City-Owned Airport Land Located Outside the Airport Reserve, is not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. MOTION: Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3222-2021 and Commissioner Woodard SECONDED the motion. It was noted that the property is currently leased as a jewelry store. An explanation was given for the City’s Policy for Sale of Specific Airport Leased Lands, approved by Resolution No. Page 5 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 5 July 14, 2021 2018-12, which provides a lessee the opportunity to purchase City-owned leased land outside the Airport Reserve with substantial constructed leasehold improvements. Certain conditions need to be met for this type of land sale, such as the appraised valuation of property which is the option this lessee has chosen. It was noted that a recent appraisal valued the raw land at $250,000. The applicant wishes to make $62,500 in improvements over a three-year time period, and a scope of work and receipts would be provided. Resolution No. 2018-12 allows the lessee to purchase the land at 100% of the raw land value with these improvements. Discussion from the Commission included the coffee shop on the property and whether it would impact the appraisal value or permits, potential improvements, and the status of the building ownership. It was noted that Schilling Rentals, LLC have been lessees on the property since 2017 when they took over a 55 year lease that expires in 2030. VOTE: YEA: Halstead, Douthit, Fikes, Woodard, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. 3. Action/Approval - Recommendation for Ordinance No. 3221-2021- Determining that real property described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, city-owned airport land located outside the airport reserve, is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals, an Alaska Partnership. MOTION: Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3221-2021 and Commissioner Springer SECONDED the motion. It was noted that, as with Ordinance No. 3222-2021, the lessee intends to purchase the City- owned land they currently lease. However, here they are requesting on the value of improvements they’ve already made over their current lease term, and this option requires completed improvements to be at least four times the value of the land. A recent appraisal valued the raw land at $300,000, and the lessee has shown to have added over $2 million in improvements which exceeds the required amount. Clarification was provided that the appraisal of the raw land value came from a third-party source. VOTE: YEA: Woodard, Twait, Springer, Halstead, Douthit, Fikes NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. Page 6 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 5 July 14, 2021 J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the July 7, 2021 City Council meeting. 2. Borough Planning – Vice Chair Fikes reported on the actions from the July 12 Borough Planning meeting. 3. City Administration – Planning Director Foster reported on the following: • Zoning map has been put in Chambers for reference during meetings; • Upcoming meeting on July 28, 2021 is anticipated to include a rezoning application and an application for development incentives; • The Conditional Use Permit for firewood bundling approved at the June 23, 2021 meeting received an appeal application, but the applicant has withdrawn their CUP application so there won’t be a hearing. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. July 28, 2021 N. COMMISSION COMMENTS & QUESTIONS – None. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:24 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 7 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-30 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BLACK GOLD ESTATES 2021 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 General Commercial zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, access to the proposed lot is via the Kenai Spur Highway which is a paved State maintained highway; and Wildwood Drive which is a paved City maintained street; and WHEREAS, Water and sewer lines are located within the right-of-way of Wildwood Drive. 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, 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Black Gold Estates 2021 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. Page 8 Resolution No. PZ2021-30 Page 2 of 2 2. The Kenai City Council must declare the sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3. A note should be added to the plat stating that ‘no private access to State maintained right-of-ways permitted unless approved by the State of Alaska, Department of Transportation’. 4. Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and KMC 17.020.010(a). 5. Verification by the surveyor of the width of Wildwood Drive. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of July, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Page 9 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 23, 2021 SUBJECT: PZ2021-30 – Preliminary Plat – Black Gold Estates 2021 Replat Applicant: Alexander Douthit 1104 Leeward Dr. Kenai, AK 99611 Submitted By: McLane Consulting, Inc. P.O. Box 468 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat – Black Gold Estates 2021 Replat Legal Description: Lot 4A, Block 8, Black Gold Estates No. 2 Property Address: 14224 Kenai Spur Highway KPB Parcel No: 03904021 Lot Size: Approximately 3.09 acres (approximately 134,600 square feet) Existing Zoning: General Commercial (CG) Current Land Use: Vacant Land Use Plan: General Commercial GENERAL INFORMATION McLane Consulting, Inc. submitted a preliminary plat on behalf of the property owner, Alex Douthit. The plat affects the parcel described as Lot 4A, Block 8, Black Gold Estates No. 2. The purpose of this plat is to vacate the sixty foot (60’) right-of-way along the Southerly boundary of the lot. This right-of-way is adjacent to the right-of-way for Wildwood Drive. The vacation of the right-of-way will create Lot 4B, Block 8, Black Gold Estates 2021 Replat. The size of the lot will Page 10 Page 2 of 3 be increased from approximately 3.085 acres (approximately 134,383 square feet) to approximately 3.436 acres (149,672 square feet). 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 July 23, 2021. ANALYSIS Access to the proposed Lot 4B, Block 8, Black Gold Estates 2021 Replat is provided via the Kenai Spur Highway and Wildwood Drive. The Kenai Spur Highway is a paved road maintained by the State of Alaska. If the property owner wishes to access the property from the Kenai Spur Highway, he would have to obtain a permit from the State of Alaska, Department of Transportation. Wildwood Drive is a paved road maintained by the City of Kenai. The preliminary plat of Black Gold Estates 2021 Replat shows the width of Wildwood Drive as being 100 feet; however, there is some ambiguity as to the actual width of Wild wood Drive. The City requests confirmation of the actual width of Wildwood Drive. Water and sewer lines are located within the right-of -way of Wildwood Drive. Kenai Municipal Code 17.10.010 provides that it shall be mandatory for all structures susceptible to being or currently being a source from which water is being used, to be connected to the public water system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public water main adjacent to the property line in a right-of-way or other applicable easement (on either side of the right-of-way or easement). Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. Kenai Municipal Code 17.20.010 provides that it shall be mandatory for all structures susceptible to being or currently being a source from which sewage may be or is being generated, to be connected to the public sewage system; provided, that any part of the structure is or is to be within two hundred (200) feet of an existing public sewer main adjacent to the property line in a right-of- way or other applicable easement (on either side of the right-of-way or easement). Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. Page 11 Page 3 of 3 The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Black Gold Estates 2021 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare the sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3. A note should be added to the plat stating that ‘no private access to State maintained right- of-ways permitted unless approved by the State of Alaska, Department of Transportation’. 4. Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and KMC 17.020.010(a). 5. Verification by the surveyor of the width of Wildwood Drive. . ATTACHMENTS 1. Application 2. Preliminary Plat 3. Aerial Map Page 12 Page 13 Page 14 RESOLUTON PZ2021-30KPB #0390402114224 Kenai Spur HighwayLot 4A, Block 8, Black Gold Estates No. 2 K E N A I S P U R H WY WILDWOOD DRWINDFLOWER DRCOOK INLET VIEW DRAUGUSTINE WAYO R C H I D WA Y .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 8040 Feet LEGEND Su bject Parcel Date: 7/22/2021 Page 15 PLANNING & ZONING COMMISSION Resolution PZ2021-30 –Preliminary Plat –Black Gold Estates 2021 Replat 14224 Kenai Spur Highway 1 Page 16 SUMMARY 2 Applicant:Alexander Douthit 1104 Leeward Dr. Kenai, AK 99611 Legal Description: Lot 4A, Block 8, Black Gold Estates No. 2 Property Address: 14224 Kenai Spur Highway KPB Parcel No: 03904021 Lot Size:3.09 acres (134,600 square feet) Existing Zoning: General Commercial (CG) Current Land Use: Vacant Land Use Plan: General Commercial Page 17 PRELIMINARY PLAT McLane Consulting, Inc. submitted a preliminary plat on behalf of the property owner, Alex Douthit. The purpose of this plat is to vacate the sixty foot (60’) right-of-way along the Southerly boundary of the lot. This right-of-way is adjacent to the right-of-way for Wildwood Drive. The size of the lot will be increased from approximately 3.1 acres to approximately 3.4 acres. 3 Page 18 STAFF ANALYSIS Access to the proposed Lot 4B, is provided via the Kenai Spur Highway and Wildwood Drive. The Kenai Spur Highway is a paved road maintained by the State of Alaska. If the property owner wishes to access the property from the Kenai Spur Highway, he would have to obtain a permit from the State of Alaska, Department of Transportation. Wildwood Drive is a paved road maintained by the City of Kenai. The preliminary plat shows the width of Wildwood Drive as being 100 feet; however, there is some ambiguity as to the actual width of Wildwood Drive. The City requests confirmation of the actual width of Wildwood Drive. Water and sewer lines are located within the right-of-way of Wildwood Drive. Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and KMC 17.020.010(a). 4 Page 19 RECOMMENDATIONS City staff recommends approval of the preliminary plat of Black Gold Estates 2021 Replat, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.The Kenai City Council must declare the sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3.A note should be added to the plat stating that ‘no private access to State maintained right-of-ways permitted unless approved by the State of Alaska, Department of Transportation’. 4.Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and KMC 17.020.010(a). 5.Verification by the surveyor of the width of Wildwood Drive. 5 Page 20 ATTACHMENTS A. Application B. Preliminary Plat C. Aerial Map 6 Page 21 A. APPLICATION 7 Page 22 B. PRELIMINARY PLAT 8 Page 23 C. AERIAL MAP 9 Page 24 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE REZONE REQUEST T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL WHEREAS, the City of Kenai received a rezone application from the majority property owner in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and, WHEREAS, the RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems; and, WHEREAS, the CG Zone is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable and uses are regulated to concentrate commercial development to the greatest extent possible; and, WHEREAS, the rezone request enlarges an adjacent zoning district boundary; and, WHEREAS, access to the area to be rezoned is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway; and, WHEREAS, other parcels in the CG Zone border are adjacent to the subject parcel, creating a contiguous CG Zone border; and, WHEREAS, the CG Zone is consistent with commercial development in the vicinity and will not impact residential housing or the quality of neighborhoods within the City; and, WHEREAS, the rezone is consistent with Goal 2 – Economic Development: Provide economic development to support the fiscal health of Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan. WHEREAS, the rezone is consistent with Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approve of the rezone request of T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 from Suburban Residential to General Commercial. Page 25 Resolution No. PZ2021-27 Page 2 of 2 Section 2. That a copy of Resolution PZ2021-27 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of July, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 26 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 13, 2021 SUBJECT: PZ2021-27 – Rezoning – Suburban Residential to General Commercial Applicant: Kenaitze Indian Tribe 150 Willow Street Kenai, AK 99611 Legal Description: T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 Property Address: Unaddressed (Adjacent to 11823 Kenai Spur Highway) KPB Parcel No: 04702011 Lot Size: 0.97 acres (approximately 42,253 square feet) Existing Zoning: Suburban Residential Current Land Use: Vacant Land Use Plan: Central Commercial GENERAL INFORMATION A completed application was submitted to the City requesting that parcel KPB# 04702011 T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34, located adjacent to 11823 Kenai Spur Highway, be rezoned from Suburban Residential (RS) to General Commercial (CG). Kenai Municipal Code (KMC) 14.20.270, Amendment procedures, describes initiation of zoning code and official map amendments. Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. The Kenaitze Indian Tribe is the owner of adjacent parcels zoned General Commercial, KPB# 04702199 consisting of 4.82 acres and KPB# 04702017 consisting of 0.11 Page 27 Page 2 of 3 acres, for a total of approximately 4.93 acres adjacent to the subject property. The requested rezone meets the criteria for an amendment. Application, Public Notice, Public Comment Pursuant to KMC 14.20.280-Public hearing and notifications, describes processes for public hearings. City staff published notice of the public hearing as part of the agenda for the City of Kenai Planning and Zoning Commission meeting in the Peninsula Clarion, sent notification to real property owners within three-hundred-feet (300’) of the affected parcels, and notification was posted. No public comments have been received as of July 23, 2021. ANALYSIS The subject parcel is located between the Kenai Spur Highway and Spruce Street, with no direct road access from the property. Access is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway. The subject parcel is vacant and surrounded by vacant land to the north (zoned General Commercial), south (zoned Suburban Residential), and east (zoned Townsite Historic). To the west is Our Lady of Angels Parish of Archdiocese of Anchorage, which is zoned Suburban Residential (RS). The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The CG Zone is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and new residential uses and other noncommercial uses are not permitted in this zone as principal uses. The CG Zone is more consistent with the location/layout of the parcel. The applicant has indicated plans for building two greenhouses for private use, which requires a conditional use permit in the RS Zone, but does not require a conditional use permit in a CG Zone. A neighborhood is not adjacent to the subject parcel and a rezone would not impact residential housing or the quality of neighborhoods within the City. Spruce Street is a paved and city- maintained street. City sewer and water is located in the Spruce Street right-of-way. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in several ways:  Goal 2 – Economic Development: Provide economic development to support the fiscal health of Kenai. o ED-6: Prior to zoning property to commercial, consider if use has access to collector or arterial road, access to city services, and that potential conflicts with adjacent non-commercial use have been minimized through site design, landscaping, or other appropriate measures. The subject parcel shares access to both Spruce Street and the Kenai Spur Highway with 11823 Kenai Spur Highway to the north. City services such as sewer, water, and paved roads are in the vicinity of the subject parcel. Non-commercial uses should not be negatively impacted by the rezoning. The only non-commercial use adjacent to the subject parcel is the Our Lady of Angels Parish of Archdiocese of Anchorage, which is fronted on Spruce Street, and the subject parcel is behind them.  Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach Page 28 Page 3 of 3 to community growth and development. o LU-1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. A rezoning to CG would align the parcel with the much larger parcel to the north that is zoned CG. The Kenaitze Indian Tribe owns both of these parcels. o LU-2: Promote the infill of existing, improved subdivision lots. The parcel is currently vacant and underutilized. Two greenhouses are proposed for the property. o LU-11: Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. The subject parcel shares access to Spruce Street with the parcel to the north. RECOMMENDATIONS The rezone request for T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 located adjacent to 11823 Kenai Spur Highway from the Suburban Residential Zone to the General Commercial Zone is suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. It is recommended the property owner contact the City of Kenai Planning and Zoning Department to assign an address to the parcel. ATTACHMENTS A. Application B. Site Plan C. Aerial Map Page 29 Page 30 Page 31 Page 32 RESOLUTION PZ2021-27 REZONINGT 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34KPB #04702011 S SPRUCE STK E N AI S P U R H W YBIRCH ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 8040 Feet LEGEND Su bject Parcel Date: 7/13/2021 Page 33 PLANNING & ZONING COMMISSION Resolution PZ2021-27 –Rezoning –Suburban Residential to General Commercial 1 Page 34 SUMMARY 2 Applicant:Kenaitze Indian Tribe 150 Willow Street Kenai, AK 99611 Legal Description: T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 Property Address: Unaddressed (adjacent to 11823 Kenai Spur Highway) KPB Parcel No: 04702011 Lot Size:.97 acres (42,253 square feet) Existing Zoning: Suburban Residential Current Land Use: Vacant Land Use Plan: Central Commercial Page 35 SUMMARY 3 A completed application was submitted to the City requesting that parcel KPB# 04702011 T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34, located adjacent to 11823 Kenai Spur Highway, be rezoned from Suburban Residential (RS) to General Commercial (CG). Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. Page 36 SITE PLAN Site plan identifies the layout of the property, including the relationship with the General Commercial parcels to the north. 4 Page 37 STAFF ANALYSIS The subject parcel is located between the Kenai Spur Highway and Spruce Street, with no direct road access from the property. Access is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway. The subject parcel is vacant and surrounded by vacant land to the north (zoned General Commercial), south (zoned Suburban Residential), and east (zoned Townsite Historic). To the west is Our Lady of Angels Parish of Archdiocese of Anchorage, which is zoned Suburban Residential (RS). The CG Zone is more consistent with the location/layout of the parcel. The applicant has indicated plans for building two greenhouses for private use, which requires a conditional use permit in the RS Zone, but does not require a conditional use permit in a CG Zone. A neighborhood is not adjacent to the subject parcel and a rezone would not impact residential housing or the quality of neighborhoods within the City. 5 Page 38 STAFF ANALYSIS CONTINUED Spruce Street is a paved and city-maintained street. City sewer and water is located in the Spruce Street right-of-way. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in several ways: Goal 2 –Economic Development: Provide economic development to support the fiscal health of Kenai. Goal 3 –Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. 6 Page 39 RECOMMENDATIONS The rezone request for T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 located adjacent to 11823 Kenai Spur Highway from the Suburban Residential Zone to the General Commercial Zone is suitable for an approval recommendation by the Planning and Zoning Commission to the Kenai City Council. It is recommended the property owner contact the City of Kenai Planning and Zoning Department to assign an address to the parcel. 7 Page 40 ATTACHMENTS A. Application B. Site Plan C. Aerial Map 8 Page 41 A. APPLICATION 9 Page 42 B. SITE PLAN 10 Page 43 C. AERIAL MAP 11 Page 44 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 22, 2021 SUBJECT: Plat for Kee’s Tern Subdivision – Time Extension In a letter dated July 14, 2021, the Kenai Peninsula Borough notified the City of a request from the surveyor for a two-year time extension for the finalization of the plat of Kee’s Tern Subdivision. The Kenai Peninsula Borough requires concurrence from the City of Kenai before granting the extension request. The proposed subdivision received preliminary plat approval by the Kenai Peninsula Borough Planning Commission on February 11, 2013. The City of Kenai Planning and Zoning Commission recommended approval of the preliminary plat on December 11, 2013 (PZ13-41). Several time extensions and the recording of Phase 1 on May 12, 2015, under Plat Number 2015-25 have extended preliminary approval to July 13, 2021. At the Planning and Zoning Commission’s regular meeting on June 10, 2020, there was discussion of a similar one-year extension request. The Commission voiced concerns with the numerous extensions granted to the developer over the years and requested a rationale for any future time extension requests. As noted in the attached letter from the KPB Planning Department, the surveyor and owner have been put on notice that any time extensions granted that will extend approval to more than 10 years will require the plat to comply with current KPB Title 20, the new subdivision code. If the Planning and Zoning Commission approves, City staff would sign the attached letter of non-objection to the time extension. City staff have no issues with the time extension request and recommend approval. The same conditions from PZ13-41 would still apply to the approval of the plat with the time extension. A copy of PZ13-41, the plat, and the letter from the Kenai Peninsula Borough requesting the extension are attached for reference. Thank you for your consideration. Attachment A: Draft letter approving the time extension Attachment B: Kenai Peninsula Borough request letter dated July 14, 2021 Attachment C: Copy of PZ13-41 and plat Page 45 July 22, 2021 Peggy Clements, Platting Technician pclements@kpb.us Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: Kee’s Tern Subdivision Time Extension Request KPB File 2013-023 Dear Ms. Clements: This letter is in response to the letter that you submitted to the City of Kenai dated July 14, 2021, requesting that the City of Kenai Planning and Zoning Commission concur with a two-year time extension to finalize the plat for Kee’s Tern Subdivision. The Planning and Zoning Commission held their regularly scheduled meeting on July 28, 2021, and authorized me to draft and send a letter to you supporting the request by the developers of Kee’s Tern Subdivision for a two-year time extension to finalize the plat. However, Commissioners in the past have voiced concern with the numerous extensions granted to the developer over the years without much backing rationale for the extensions. The Commission was made aware of the Kenai Peninsula Borough’s new Code change to put a time limit for finalizing plats, and that a two-year extension would align the project with the new code limit of 10 years for finalizing plats. I have enclosed the meeting minutes for your information. Please be advised that the Kenai Planning and Zoning Commission does not object to the two-year time extension for Kee’s Tern Subdivision. If you have any further questions regarding the time extension, please feel free to contact me at 907-283-8235 or rfoster@kenai.city. Sincerely, Ryan Foster, Planning Director Enclosure Page 46 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2200  (907) 714-2378 Fax Office of the Borough Clerk Charlie Pierce Borough Mayor Planning Department July 14, 2021 Bryan Foster, City Director Planner City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-2829 RE: Kee’s Turn Subdivision KPB 2013-023 Time Extension A two-year time extension has been requested by the surveyor on behalf of the owner, Kathleen A. Martin on June 20, 2021, located in the City of Kenai. 2013 The above mentioned subdivision, had received conditional approval of the subject preliminary phase plat on the February 11, 2012, which was valid through February 11, 2014. 2014 On January 21, a revised preliminary plat was submitted for KPB Plat Committee review and was granted conditional preliminary approval on February 10, which was valid through February 10, 2015. 2015 On February 2, a time extension was requested by the surveyor, stating that the plat was in final stages. A 1-year time extension was granted by the KPB Planning Commission on February 23, extending preliminary approval to February 23, 2016. Phase 1 of this plat was recorded on May 12, extending preliminary approval to May 12, 2016. 2016 On May 9, the surveyor requested a one-year time extension, stating that future lots may be recorded in this phased subdivision. That request was approved by the KPB Planning Commission on June 13, extending preliminary approval to June 13, 2017. 2017 On April 24, the surveyor requested a two-year time extension, stating that the owner has not yet decided to finalize the plat. The request was heard and approved by the KPB Planning Commission on June 12, extending preliminary approval to June 12, 2019. 2019 On May 24, the surveyor requested a one-year time extension, stating that the owner has not decided to finalize the subdivision. The request was heard and approved by the KPB Planning Commission on July 15, extending preliminary approval to July 15, 2020. 2020 On May 15, the surveyor requested a one-year time extension, stating that the owner has not decided to finalize the subdivision. Notice of the time extension request was emailed and mailed to the City of Kenai on May 18, 2020. Page 47 The Kenai Planning and Zoning Commission has reviewed and given the City Planner approval to submit a letter approving the time extension request at their June 10, 2020 meeting. There have been no changes in the area that would affect this plat. Approval of the one-year time extension would extend preliminary plat approval to July 13, 2021, which is more than 6 years after the initial preliminary plat approval. The surveyor and owner are put on notice that any time extensions granted that will extend approval to more than 10 years will require the plat to comply with current KPB Title 20. The time extension will be scheduled for a Planning Commission meeting on August 9, 2021. If the Kenai Planning and Zoning Commission or Bryan Foster, City Director Planner concurs with the time extension, staff will recommend extension of preliminary approval at the next Planning commission meeting and will recommend all subsequent time extension requests be reviewed in accordance with the new subdivision code (KPB 20.25, 20.30, 20.40 and 20.60). Kind Regards, Peggy Clements Platting Technician pclements@kpb.us 907-714-2207 Page 48 LEGEND: ~ MO~ENT (found 11\ls ....wy) e 1/r REBAR (foomf Ill.le """"'Y) e 5/11" REBAR w/l'l.>.5110 CAP (•ot tills """"'I) ( ) !<~ l)Anlll Pl.AT K-1$~4 KR0 Government Lot 3 221.87' ~-30' ROW 1119. • dedicauon-"'-•11-9-0'00-·oo~-2""32-31--; Lot 6 1.093 Ae. g' 5 \:: 0 .. en 1) Baal• o1 beoring l<>kon from Valhofto llolghto s..bdlmlon PO<t 5, Pio! t<-1737, K...,i R_,,.dfng Olotrict. 2) Acc1111 rood-.oy oenttrtna ~ hereon o,• th• oe11tariln• of eQB~g unlmprowd tro\lolwo)'L 3) Tract A !o o parco1 -. "" and -· 11 JmitM oololy to ~ bond! ol th• ...,..,, of l.J>U 1-e lllock 1, Lott 1-J Slod< 2 ond Tra~ 8, C and 0 of K'lr1 Tern S<i>dM1kio ond Em"'li""'l' Sln4c..o '°"k:lff. Tract A le owned by l<D:'o Tom SubdMofon Komo Own.,. Anoclo\lon. />I. lot _,.., OA '""l•d to a mondatory ..-1p ln o n01t-proftt oarporale Homeowners Aaeoda'tlon • .arid t.o the mCll'l40tory po)'ll.nt of ~l. ln..,,artco ot<f dueL lhe Joco•on amt dtmemton <If Tr<IQt A Ge'• GS ehowtii on thC. plat. 4) Lotw 1-8 Block 1,' Low 1-.3 Block 2. ond Tracie B. C, oM D .,... tMJbjlcl to cerwh condtuone. cownant., and rutr~on• indudln~ pr1or ...vJft by on engbteer of uny •lie pion ond eonsm.ctlon, reconled with the Oiotrlct Rooordor, Kenai !<.cording Olstt;et. 'lhlrd .Aldldol Olotltot, St<rto of Alolka. $) A rlgl>\-of-way •••emonl ;,, r..-of liorner Eleclr;e AHoeiotlon is ,.cord9id lh Book 274 Page 617. Keno• Recording District. 6) A petmCl"lent roadway tOStment proYidisli!J f« oooeA ond r•lat.d UHl Is .....-..d 1or IM ._oftt of tho ..,.... of Loto 1-8 Block I, lJ>lt l-3 Blod< 11. und rroet.a c. -o. t<E£'• r .... ~-""""'° 1on<1 lcbelod M 1-1 A In perpellll\y, lfh lo ollkh ""'!I be retained by o eotporate Homeo'M'leR ANoclotJon. SQid tocdway wilt be 26 f~ wfdt ond built to comply wllh Keno! P«1lnoufo 8orWg> 14.06.060(3) ~:.:I'.~!!;=~~~ r.:rv,:: u~:: ;:;. ~J:'r~·~ di l>o In _,,.donoo with KWC 111.27.010. II-yo <>Ot\slnlctod t.o l<on<l p..,1f1""1o ~ Cat"ljO<'Y • cton<lan:f• do not mMI mfnlmum stat1dardc req.utrff. by ctty of K.,aT ot1d th.,..fore It ot ony thl~ 'ttle Clty toke1 o.....,. owner.hip ond/or malntenonc;e reepone1btUtl•t of roq(lwaya wlthfn th• •lbdlvi•lo~. roadwoya wlll tiawe to bo improved to mff't City of Kertol 1tond«rdS1 In e:ftwct ot time of ac.~ The co&-t of roadway hn,prov1menta to meet City of Keno! elondorda v.ill IMo bcme by pc-cpc<ty owner& In th• 1ubdlvhsJon by cse"'!lm.,,t without f\Jrther appl'"ovol r•qulr~d. · 7) ~~,.:!..O~b-:'.l)'~O~ =~~~r:;;.:m~ ::::= 8) i:.o.,.11ono lo ICP8 20.20.180,, J: I dtp1h to wldlll ratio and KP!! 20. 2.0. 200. Lots-A coon lo Strool• far Tro<t >. woo opp,_. l>y the Pia\ Oomml1t... ot tho meet.-.g of Febni•ry 10, 2014. 9) C:O-Cf\la. conditions ond rotll1cUon• •hM:h olfe<t thla llUbdMslon ore rocor<led in document numbor 2014--009671-ll. Kmol Rooor<Dtg Olottkt. 10) All wooto dlspoeOI oyatoms .,,oil comply •ith exlst1n9 laws Cit IM tlmo of ...,.INC\lon. 11) The,.. io c 1.5 loot wlclo ulRily oosemonl ft"antlng Troet A ond 20 loot rile fillliln ~ felt of tho .-lot llrlos. Ho .....,.,..,.,.., otrvc!ure lho11 b• oonstruct.ed er plOC6d wft:tllrii o utllty eoeement whlctl """'d Int.rt.... .,qu. Ille obllly o1 • uUllty to uu the ..,_,.,,\. 12) This plot II oubjool to Ill• Qly of K•n•I zont.g code. 1J) Any p....,on d-opln9 this .--tY· 1• rtoPonslble for ol>lolnlnq olf t'eq\Shd locof, stot• CU1d federal P«mlto. lndudlng o U.S. f.rrny Cori>• of Engtn...,,. utland doWmlnoUotl, II opflllc<lllle. 1.01~ Al;.. < Lot 1 \ 14) WAS1EWAJfJ! QISPQSAI · Sofl conditions. ...,,.. 1<1>11 ,.,..., ..,d ooll tlopa ln Utie aubdl\lieion ha.w bMn fotnd 1uttob1e fw. «>n~Uonol onotto ""'-'" ir..1m.,1 ond dlllpC4IQI •)'7\omo 1orW\g tl~fomly or dupl.., -1clonoes •nd rn«11n9 th• -'kltorY .....,1romonte ol th• Kenai PonlnNlo llon>uQlt. l>ny olllor IK'O. of ...---lreolment and d1~0lal ',.t'"' must ff. ~ by Q profeeei.ond •~hoer. r~ lo proclteo lrl ~ """ the -,, muot be QP111"0W11 ")' the Alc>olta o.p..rtmtnt of En,..oomentol 0on ...... 11oo. rfrvs..MJL. W.!~ ll"·"'"' 'l>.n~heo1-llr)lon P.O. Box 1041 K&l\ol, AJOlll<o 99611 Unsubd. .. -· ... jlol ..... ---------!_-~ ... ~ ...... Tract B s.m 11e. Tract D "iJ>'i~ 0. B-~ l\)}o/ l'l · 1)0J,.-I Lot 5 /, /"'\Lot 4 / ....-"\Lot 3 \Lot 2 \ B \ \ \ ~o \ 1-- 8 SURVEYOR'S CERTIFICATE I h-y «<1'1y tllot I am prop«1y 1'911iriero4 llM llcensod to pr.<llce l<S>d eu""')tl9 In the Stotw of Alc,,..a, thTI plo\ ,....,,..,._ a: •H'WJ mode. by mt « uodet rny 4'rwt eupendatia.n. th• Monuml:lflts a;Mwl\ hereon o~tue!lty exl't Q'1 descti>ed. onct oU dlmen•lons Cl'ld oU.er d•lo11• are OOtT.ct. DaW ibSl=JS: \~ ' I I J I I I ( \._ \., ... ...... -""' --- Lot 2 ........... ........... Lot 3 ........... > / ~<\ Lot 27 l Lot 1 -'-0 c k I 6 -,- ! VICTNIT'l MAP 1· - ' Mii.£ CERTIFICATE of OWNERSHIP and DEDICATION I HEREBY CEllTIFY THA l I NI. THE OWNER OF lHE flEN.. PROPERTY Sltot\N ANQ DESCRIBED HEREON ANO THAT I Kt:REBY ADOPT llilS Pl.AN OF SIJllOM!i\ON ~ 81' MY fRn COHSOIT CEOICATE AU. RIClllS-Of- WAY AND PUBUC AA'f.AS TO l'IJ9UC USE AllJ a'!AHT AU. E"5£MDITS TO '!HE USE Si NOTARY'S ACKNOWLEDGMENT Pl.AHN!NG OOWMISSIOH AT llfE MEETING OF' FEBRUARY 10. 2014. KPB FILE No. 2015 -25 ,JOll HO. SUIM:YE!l: FlWl EICJOI<, Kee's Tern Subdivision Phase 1 SEGESSER SURVEYS 30485 Roale.nd St. Soldot.oa, AK 99669 12057 DRAWN: 12-29-14 Juo., 2012 SCAl.EJ 1"""100' fZ-1 SHE£T: 1 ol 1 ~°1' \ ~ l Page 49 the,ity o( KENAI. ALASKA '¥" CITY OF KENAI PLANNING AND ZONING COMMISSION AMENDED RESOLUTION NO. PZ13-41 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 11, 201 3, and received from Segesser Surveys . WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement will be required if lot s are sold prior to construction of all required improvements. 5. Status of sunounding land is shown. 6. Utility easements must be shown on the final plat. 7. Plat shall ver ify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200 r eferencing Street names. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, T H AT THE PLANNING AND ZONING COMMISSION OF THE C ITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KEE'S TERN SUBDIVISION SU BJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY H PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, D cem 2013 . Page 50 PZl 3-41 Amended Resolution Page 2 Recommend approval of the revised preliminary plat subject to the following: 1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all required improvements an installation agreement will be required. 2. Roads must be constructed to standards per plat notes prior to final pl at unless and installation agreement is in place. 3. Road design must be stamped by an engineer licensed in the State of Alaska. 4. Signage including but not limited to stop signs, speed limi t signs and street signs. 5 . As-built drawings prepared by the design engineer responsible for observation must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 6. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 7. City must be notified if gates are intended to be placed on the road way and approve plan for gates that assure adequate emergency vehicle access. 8. Homeowners Association must be formed by developer and approved by the City of Kenai P lanning & Zoning Commission prior to plat being finalized. 9. Receive approval from the Kenai P eninsula Borough on exception to requirements in KPB 20.20.180 and 20.20.200. 10. City requests opportunity to consider and comment on any new changes and/or additions added to plat. 11. The following plat notes must b e sufficiently modified as follows: a. Plat Note 2. States "Tract A is a parcel whose use and access is limited solely to the owners of ... " This entails that others; mail carriers, guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as provided in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctu at ion or add words in the fo ll owing "and to the mandatory payment of assessment, insurance dues." c. Plat Note 3 should explain/cl arify who respon sib le for the prior review of si te plans an d construction other than City code enforcement (building/zoning code). d. Plat Note 5. Replace la st sentence with "Roadways constructed to Kenai Peninsula Borough Category III standards do not meet minimum standards required by City of Kenai and therefore if at any future time the City takes over ownership and/or maint enance responsibilities of roadways within the subdivision roadways will have to be improved to meet City of K ena i Standards in effect at time of acceptance. The cost of ro adway improvements to meet City of Kenai standards will be borne by property owners in the subdivision by assessment without further approval required. 12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC 14 .10.070(e)(3) and KMC 14 .24.020 which require all lots in this zoning di strict to have a minimum width of 90 feet and Tract A is only 60 feet Page 51 PZ13-41 Amended Resolution Page 3 based on the following: allowing Tract A to have a width of 60 feet allows reasonab l e development of the subdivision given that Tract A is intended to be used for roadway purposes only and such an exception preserYes public welfare and interests of the City and the general intent and spirit of the City's s ubdivision regulations. Page 52 PZ Resolutions Second Quarter -2021 T P.!c°..!J>ermit Res-0lutlon Description Conditional Use Permit 202116 Fishing Guide 5/12/2021 Approved 202124 Fireweed Bundling Business 6/23/2021 Approved 202110 Planned Unit Development 4/28/2021 Approved 202121 Dormitory 6/9/2021 202112 Day Care for Maximum of 12 Children 4/28/2021 Approved 202119 Seven or More SFD in RS zone 5/28/2021 Approved 202117 Lodging 5/12/2021 Failed 202115 Short Term Rentals 5/12/2021 Approved landscape/Site Plan 202108 G L. 107, Sec. 31, T6N, RllW 4/28/2021 Approved 202125 Ll, Baronwood Subd. 6/9/2021 Approved 202125 L2, Baronwood Subd. 6/9/2021 Approved Preliminary Plat 202111 Valhalla Heights 2021 Replat 4/28/2021 Approved 202111 Valhalla Heights 2021 Replat 4/28/2021 Approved 202113 Baleen Cove Subdivision 5/12/2021 Approved 202114 FBO Subdivision No. 11 5/12/2021 Approved 202114 FBO Subdivision No. 11 5/12/2021 Approved 202118 Tide View Heights #2 5/12/2021 Approved 202120 TCK2 Subdivision 5/28/2021 Approved 202122 Kenai Landing Subd. 2021 Addn. 6/9/2021 Approved 202122 Kenai Landing Subd. 2021 Addn. 6/9/2021 Approved 202122 Kenai Landing Subd. 2021 Addn. 6/9/2021 Approved 202123 "Triple C" Subdivision 6/9/2021 Approved 202118 Tide View Heights #2 5/12/2021 Approved Wednesday, July 21, 2021 Page 53 BUILDING PERMITS SECOND QUARTER -2021 Permit #: Date Parcel # Owner A ddress Legal Description Comments Valuation RIC 85556 04324024 Schilling Rentals LLC 11 0 F80 Dr. Lot 2 Block 3 Gen. Aviatiuon Wa ter/Sewer Connection only c Sub No 1 85560 04336040 State of Alaska DNR Kenai Tank 525 N Willow St. L4 FBO Subd #7 # 252 Storage Shed $25,000 c 85561 04935013 Peninsula Mini Storage, LLC 551 Vantwerp Ave TR4, JAYNES SU8D BIG #7621 SFD $4,663 c Mll<E ADON 85562 04935013 Peninsula Mini Storage, LLC 511 Vantwerp Ave TR4, JAYNES SU8D BIG #20925 SFD $424,000 c MIKEADDN 85563 04935013 Peninsula Mini Storage, LLC 551 Vantwerp Ave TR4, JAYNES SUBD BIG #7621 SFD $4,663 c MIKE ADON 85564 04324024 Shillings Rental 110FB0Rd L2 , 83, GAA Subd. No. 1 Foundation Only -Hanger $125,000 c Amended 85566 04951035 Clint Chappell 615 Worthman Ave L2 , 83, Strawberry Hill Estates #Cabin $38,400 R Subd. Johnisee Add Wedn esday, July 21, 2021 Pagel off Page 54 MEMORANDUM TO: Planning & Zoning Commission THROUGH: Ryan Foster, Planning Director FROM: Wilma Anderson, Planning Assistant DATE: July 21, 2021 SUBJECT: Code Enforcement Action 2021 SECOND QUARTER REPORT Planning & Zoning currently has four active code cases: Junk Vehicles 2 Junk Vehicles and Debris & Junk 1 Debris & Junk 1 Garbage 0 Building Code Violation 0 Miscellaneous Code Violation 1 Cases transferred to Legal Department/Civil Penalties being assessed. 0 TOTALS: 5 Code Enforcement Action during the months of April – June, 2021: Closed Cases 3 Opened Cases 5 Page 55 JULY 28, 2021 PLANNING AND ZONING COMMISSION MEETING ADDITIONAL MATERIAL REVISION REQUESTED REVISIONS TO THE PACKET ACTION ITEM REQUESTED BY Add to Item H1 December 11, 2013 Planning and Zoning Packet Planning Department Add to Item H1 Letter from Scott Huff, Platting Manager, Kenai Peninsula Borough Planning Department STAFF REPORT To: Planning & Zoning Commission Prepared by: nc Date: November 27, 2013 Res: PZ13-41 GENERAL INFORMATION Applicant: For: Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Segesser Surveys 30485 Rosland Street Soldotna, AK 99669 Kathleen Martin P .O. Box 521 Cooper Landing, AK 99572 907-262-3909 907-252-8163 Revised Preliminary Subdivision Plat -Kee's Tern Subdivision Located within Government Lot 4 and the SEl/4 SWl/4 Section 3 1, T6N, RlOW, S.M. 4255 North Dogwood Road 04906060 RR -Rural Residential Vacant Rural Residential This plat subdivides a large parcel containing over 30 acres into a subdivision resulting in 24 individual lots. The lots in the subdivision range in si ze from 1 acre to 1.39 acres and meet the minimum lot si ze for the zone and Alaska Department of Environmental Conservati on (ADEC) requirements for on-site water and sewer. The minimum lot width within the Rural Residential zone (KMC 14.24.020) of 90 feet is met for all lots in the subdivision except Tract A which will require an exception from City Council pursuant to KMC 14.10.090 after a report by the Planning Commission. The City of Kenai requires development of dedicated rights-of-way. T h e 30' foot dedication off North Fem Street is a half-dedication matching the existing dedication of North Fem Street. The plat also identifies a 60' foot wide tract into the subd ivi sion off North Dogwood Road identified as Tract A. Tract A is a parcel whose use and access appears limited solely to the owners of Kee's Tern Subdivision and Emergen cy Service Vehicles by plat note. The plat notes provide that Tract A is owned by KEE's Tern PZl 3-41 -Comments Page 2 Page 2 Subdivision Home Owners Association. All roads within the Kee's Tern Subdivision are intended to be private roads and will not be maintained b y the City of Kenai unless brought to City standards, and Tract A is dedicated to and accepted by the City. The Kenai Peninsula Borough also has design requirements and development standards th at wi ll have to be m et and/or grant waivers for d evelopment of this pri vate subdivision such as: • 20.20.200 Address Lots -Access to Streets "each lot shall abut on a dedicated street." Since Tract A is not a "dedicated street" an exception must b e granted by the Borough Planning Commission. • 20.20.150 Streets -Name requirements "Streets shall be named to conform to adjacent areas and to avoid duplication, and in the uniform manner prescribed by the commission." The plat identifies Tract A as a parcel not a street. They following synopsis provides action the City has taken with this plat to date: • December 28, 2012, Preliminary Plat Kee's Tern Subdivision was received for review. • January 9, 2013, the original preliminary plat (PZ13 -01) was reviewed and approved by the Planning & Zoning Commission with several contingencies, including granting exceptions to KMC 14.10.080(e) Public Water System and (f) Sanitary Sewer Services. The Planning Commission cannot grant exceptions they must make recommendations to Kenai City Council. • May 22, 2013, the Planning and Zoning Commission approved PZ 13 -25, a recommendation to the Kenai City Council to approve exceptions to KMC 14.10.080, Minimum Improvements Required, by not requiring the developer to provide a public water supply and sanitary sewer lines for the Kee 's Tern Subdivision, and amending PZ13-01 to require that roads be constructed to the minimum s tandards required by City code. • June 5, 2013, the Kenai City Council approved Resolution No. 2013-36 granting public water and sewer system exceptions to KMC 14 .10.080, Minimum improvements, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. This carry's over with this plat. • June 26, 2013, the Planning and Zoning Commission approved PZ13-31(PZ13- 25) r ecommending the Kenai City Council approve an exception for Kee's Tern Subdivision to KMC 14.10.080, Minimum Improvements Required, for construction of Subdivision roads that vary from minimum code requirements. • July 3, 2013, the Kenai City Council approved Resolution No. 2013 -55 granting road development standard excep tions to KMC 14.10.080 Minimum Improvements Required, for Kee's Tern Subdivision pursuant to KMC 14.10.090, Variations and Exceptions. The Martins intend to create a Homeowners Association to maintain the roads and accept ownership of Tract A. All parcels within the subdivision are su bj ect to current City of Ken ai Building and Zoning Codes. All streets are inte nded to be privately maintained by PZ13-41 -Comments Page 3 Page 3 the Homeowners Association. There have been multiple correspondence/meetings between the Martins and City Administration to attempt to develop plat no tes that outline requirements for future development within the subdivision. RECOMMENDATIONS Thi s is a revi sed preliminary plat that subdivides a larg e parcel into a 24-l ot subdi vision and creates Tract A as a parcel whose use and access is limited sol ely to the owners of Ke e's Tern Subdivision and Emergency Service Vehicles. Tract A i s i ntended to be maintained b y a Homeowners As sociation. The property i s located in the Rural Residential zone. The lots meet the de ve lopment requirements for the zone. The property is located off N01ih Dogwood Road which is developed and maintained by the City of Kenai. The lots in th e subdivision meet ADEC standards for on-sit e water an d sewer. The Kenai C ity Council granted an exception to KMC 14.10.080(e) P ub li c Water System and(£) Sanitary Sewer Services. If in the future the City shou ld extend water and sewer mains do wn North Dogwood Road, there will be su fficient room in the right s-of-way pl ace the main lines. Recommend approval of the re vised preliminary pl at s ubj ect to the following: 1. Installation agreement wi ll be required: The City wi ll work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the fo llowing: a. Road d esign must b e stamped b y an engineer licensed in the State of Alaska. b. Signage including but not limited to stop signs, sp eed limit signs and str eet s igns. c. As-built drawings must b e submitted to the City in both paper and digital format (Adobe & AutoCAD). d. Surveyor and prope rty owner must work wi th the City of Ken ai an d the Kenai P en insula Borough when designating street names to ensure names meet City and Borough regulations. 2. City must be notified if gates are intended to be placed on the road way an d approve plan for gates that assu r e adequate emergency ve hicle access. 3. Homeowners Association must be form ed and approved by the Ci ty of Kenai Planning & Zoning Commission prior to plat being fina lized. 4 . R eceive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200. 5. City requests opportunity to consider and comment on any n ew changes and/or additions added to plat. 6. The fo llowi n g plat notes must be suffi ciently modi fied as follows: a. Plat Note 2. States "Tract A is a parcel whose us e and access is limited solely to the owners of ... " This entails that others; mai l earners, PZ13-41 -Comments Page 4 Page 4 guests, utility companies, etc . (anyon e who is not an owner or emergency service vehicle) cannot use and access. Should be revised to reflect that use is limited for benefit of lot owners as pro vi d ed in Plat Note 5. b. Plat Note 2 needs to be revised as to correct either punctuation or add words in the following "and to the mandatory payment of assessment, insurance dues." c . Plat Note 3 should explain who will be responsible for th e prior revi ew of site plans and construction. d. Plat Note 5. Replace last sentence with "Roadways constructed to Kenai Peninsula Borough Category III standard s do not meet minimum standards required by City of Kenai and therefore if at any future time The City takes over ownership and/ or maintenance responsibilities of roadways within the subdivision roadways will have to be improved to m eet current City of Kenai Standards. The cost of roadway improvements to meet City of Kenai standards will be borne by property owner s in the subdivision by assessment without furth er approval required. 7. Pursuant to KMC 14.10 .090, r ecommend City Counci l approve excep tion to KMC 14 .10.070(e)(3) and KMC 14.24.02 0 which require all lots in thi s zo ning district to have a minimum wi dth of 90 feet and Tract A is only 60 feet based on the following: allowing Tract A to have a width of 60 feet allows reas onabl e development of the subdi v is ion given that Tract A is intend ed to be used for roadway purposes only and such an exception preserves public we lfare and interests of the City and the general intent and spirit of th e City's subdivision regulations . ATTACHMENTS: 1. Resolution No. PZ13-01 2. R eso lution No. PZ13 -2 5 3. Reso lution No . 2013-36 4. Reso lution No. PZ1 3-3 l(PZ13-25 ) 5. Resolution No. 2013-55 the eity o( KENAI. ALASKA v CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -43 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KEE 'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 11 , 2013, and received from Segesser Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zo ne cond iti ons. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to spec ial assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement will be required. 5. Status of surrounding land is shown. 6. Util ity easements must be shown on the final plat. 7. Plat shall verify that no encroachments exi st. If an encroachment exists; plat does not create nor increase the encroachment. 8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB 20.20.200 referencing Street names. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVE D, THAT THE PLANNING AND ZON ING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE KEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS ST A TED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, December 11, 2013. CHAIRPERSON: ~~~~~~~~~~~ PZl 3-4 1 Resolution Page 2 Recommend approval of the rev ised preliminary pl at subject to the following: 1. In sta llation agreement will be required: The Ci ty wi ll work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: a. Road des ign must be stamped by an engineer licensed in the State of Alaska. b. Signage including but not limited to stop signs, speed limit si gns an d street signs. c. As-built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). d. Surveyor and property owner must work with the City of Kenai and th e Kenai Peninsula Borough when designating street n ames to ensure names meet City and Borough regulations. 2. City must be notified if gates are intended to be placed on the ro ad way and approve plan for gates that ass ure adequate emergency vehicle access. 3. Homeowners Ass ociation must be fom1ed and approved by the City of Kenai Planning & Zoning Commission prior to pl at being fina li zed. 4 . Receive approval from the Kenai P eninsula Borough on exception to r equirements in KPB 20.20.200. 5. Ci ty requests opportunity to consider and comment on any new c hanges and/or ad ditions added to plat. 6. The following plat notes must be sufficiently modi fied as follows: a. Plat Note 2. States "Tract A is a parcel whose us e and access is lim ited solely to the owners of ... " Thi s entails that others; m ail carriers, guests, utility companies, etc. (anyone who is not an owner or emergency service vehicle) cannot use and access. Should be rev ised to reflect that u se is limited for benefit o f lo t owners as provided i n Plat Note 5. b. Plat N ote 2 needs to be revised as to correct either punctuation or add words in the following "and to the mand atory payment o f assessment, ins urance dues." c. Plat Note 3 should explain who will be responsible for the prior review of site plans and construction. d. Plat N ote 5. R eplace last sentence with "R oadways constructed to Kenai Peninsula Borough Category III standards do not m eet minimum standards required by City of K enai and therefore if at any fu t ure time The City takes over ownership an d/ or maintenance responsibilities of roadways within the subdivision roadways w ill have to be improved to meet current City of Kenai Standards . The cost of roadway improve ments to m eet City of Kenai standards w i ll b e b orne by prop erty owners in the subdivi sio n by assessment without further approval required. 7. Purs uant to KMC 14.10.090, recommend City Council approve exceptio n to KMC 14 .10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to have a minimum width of 90 feet and Tract A is only 60 feet based on the fo llowing: allowing Tract A to have a w idth o f 60 feet allows reasonable development of the subdi vision given that Tract A i s inten ded to b e PZ13-41 Resolution Page 3 used for roadway purposes only and such an exception preserves public welfare and interests of the City and the general intent and spirit of the Ci ty's su bdivision regulations. 2013 -10-30 13 :47 KEE CONSTRUCTION 9075951632 >> RECEIVED CITY OF KENAI NOV 2 5 2013 CITY OF KENAI PLANNING DEPAR PRELIMINARY PLAT SUBMITTAL ti'BI~---- MAILING ADDRESS 1-1e.1.. 8vx .SOJ.8i NAME OF PLAT KE.£ ~ 1e r r) 5'.-'bdiu1-:,1..J n Preliminary Plat D Revised Preliminary Plat EJ CURRENT ZONING WHERE APPLICABLE; ~RR USE : ~ Residential Recreational D Commercial D Other ··SEWER : f')(j On Site LJ City D CommunitY . 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Al•• Otf*lrMfll of £11W-11nttll C..'Ml'Wtlan. RECEIVED CITY OF KENAI NOV 26 1013 CitCfl11ii .. PLANNING DEPARTMENT < \ Lot 1 \ \ B SURVEYOR'S CERTIOCATE I '-•r cetifr tho! 1 """ ,,GC>ett1 r19'slwd _,, k eioM to ll'f'KUce IO!ld ,..,,.,.~ 11'1 tfle Siert• ol AIOtlkA, 11'1~ pie\ repr-11 e M'o't)'~ ti,m.-or un<Nr mi cfnc:t ~. tlw rrtOt1VrnenU tl'lo•fl.,eot1 0d.wdfy t~Hclno·ikG,onc1 o1 crim--..... .. 1111ot1t• Mteh O"• correc:t. Doi• --- --...;;;::::: -- ......... > / /<\ \ Lot 1 Lot 27 I _l_ I 0 c k I 6 -1- VICINITY MAP ,._,Mil ( CERTIFICATE o f OWNERSHIP and DEDICATION kAliUCA X: ililJlilN P.O. eox s21 COOPUI: ~ AK 99&72 NOTARY'S ACKNOWLEDGEMENT WISCMICD NII S'tiORN ICTORE WE 1HI$ OAT « , 20 '~-------------~ NOTAlltV f'l/81..IC f'<R AL.ASKA MY COWISSICH CXPIU:S ___ _ PLAT APPROVAL lHIS Pl.AT •AS A.l"Pflt01o£0 8T THE ~DIN PENINS\.U. 8CIROO(;H Pl.AHHIHC COMMISSllCIN At TMC MC[TlrilG '7 KPB nu: Ho. 2013-023 Kee's Tern Subdivision 31~) Ae. r,n.o aoac: S EGESSER SURVEYS 30485 Ro sl•nd St. Soldotn•, AK 99869 --n-u-u SHCCT: ,.,, Suggested by: Planning and Zoning Commission CITY OF KENAI RESOLUTION NO. 2013-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA , GRANTING ROAD DEVELOPMENT STANDARD EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED , FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request as the request was submitted at the meeting for the first time without public notice and did not have administrative support; and, WHEREAS, on June 5, 2013, the City Council approved waivers to KMC 14.10.080 for water and sewer requirements but not for road requirements because the Planning and Zoning Commission had not made a r ecommendation regarding a waiver of roads standards; and, WHEREAS, the developer subsequently timely submitted a request for exceptions to KMC 14.10.080 to construct roads within Kee's Tern Subdivision to Kenai Peninsula Borough Road Standards; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13-3 l , passed on June 26, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080 road development standards as provided on Exhibit A to this Resolution ; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requireme nts, after a report by the Planning and Zoning Commission so that the sub-divider may deve lop t he property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is s urrounded by such development or unusual conditions that strict application of t he Resolution No. 2013-55 Page 2of2 improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the road development standards in Kenai Municipal Code and allowing the developer to build roads to the alternate standards proposed will allow for economical development of the subdivision in a reasonable manner and at the same time protect the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements ; and, WHEREAS, the exceptions to the minimum standards approved will meet the traffic and maintenance needs of the subdivision and are supported by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council waives the requirements in KMC 14.10.080 that require the developer to construct the roads within Kee's Tern Subdivision to the standards in Kenai municipal code based on the findings stated above. Section 2. That pursuant to the recommendations of the Planning and Zoning Commission the City Council approves the following exemptions to the minimum road improvement standards for Kee's Tern Subdivision allowing for a 26 foot shoulder to shoulder width and inclusion of 4 inches of D-1 material on top of 6 inches of 2 inch gravel sub-base as provided in Exhibit A attached hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. ~~ PAT PORTER, MAYOR ATTEST: CITY OF KENAI t!tt&iijttf KENAI. ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13-31 (PZ13-25) SUBDIVISION PLAT IMPROVEMENTS EXCEPTIONS '¥" A RESOLUTION OF THE PLANNING AND ZONING CO_MMISSION OF THE CITY OF KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE AN EXCEPTIONFOR KEE'S TERN SUBDIVISION TOK.MC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, FOR CONSTRUCTION OF SUBDIVISION ROADS THAT VARY FROM MINIMUM CODE REUIRMENTS . WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and was recommended for approval on January 9, 2013, subject to certain conditions; and, WHEREAS, the Kenai City Council approved exceptions to KMC 14 .1 0 .08 0(e)&(f) as recommended for approval by the Planning and Zoning Commission on May 22, 2013 subject to certain conditions; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Council the waiver of minimum improvements required for Council approval; and, WHEREAS, the developer ofKee's Tern Subdivision has requested that internal subdivision roads be constructed to a standard that varies from the minimum City Code requirements; and, WHEREAS , the alternate road standards proposed will protect the public welfare and interests of the City and preserve the general spirit and intent of the City's regulations and requirements. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petition exceptions to the minimum improvements required for Kee's Tern Subdivision is hereby recommended to the Kenai City Council subject to following. I. It is recommended that the Kenai City Council approve the following exceptions to the minimum road improvements required for Kee 's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: i. Grant exception of30-foot (30') to 26-foot (26') shoulder to shoulder width. 11. Grant an inclusion of 4-inches (4") ofD-1 material on top of the six-inches (6") Borough type two (2) gravel. 2. The Plannirlg Commission makes the following findings in support of the variations and exceptions approved in Section 1; 1. Width of road is consistent for traffic needs. ii 4-inches (4") ofD-1 is required for future maintenance ofroads. m . City Manager stated 30-feet (30') was a wide road, and suggested reducing the road width to 26-feet (26'). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUN 6 20 3. ATTES Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING PUBLIC WATER AND SEWER SYSTEM EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13-25, passed on May 22, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080(e)and(f), Minimum Improvements Required, to waive the requirement that the developer of Kee's Tern Subdivision provide a public water supply and sanitary sewer lines for each lot in the subdivision; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision additionally requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the sub-divider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the requirement of KMC 14.10.080(e) requiring the provision of a public water supply to each lot is reasonable as the proposed lot sizes are over 40,000 square feet and can adequately support on site water, City fire protection is available and onsite water is consistent with the surrounding neighborhood; and, Resolution No. 2013-36 Page 2of2 WHEREAS, waiving the requirement of KMC 14.10.080(f) requiring the provision of sanitary sewer lines to serve each lot is reasonable as the lot sizes are over 40,000 square feet and can adequately support on-site sewer systems, bringing a sewer system to the subdivision is cost prohibitive as it would require boring under the Kenai Spur Highway, and soils are adequate to support on-site waste water; and, WHEREAS, the Planning and Zoning Commission conditioned its recommendation for exceptions to water and sewer requirements that if water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer must be extended to serve the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council waives the requirements in KMC 14.10.080 that require the developer to provide a public water system and sanitary sewer lines to each lot in the subdivision based on the findings stated above. Section 2. That if water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer must be extended to serve the subdivision. Section 3. Council's action to provide for a waive r for the request for public water and sewer shall be revoked if the subdivision or individual phases of the subdivision are not complete and accepted by the City within ten (10) years of this action. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , this 5th day of June, 2013. ATTEST: C.J7.u-L 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13-25 SUBDIVISION PLAT IMPROVEMENT EXCEPTIONS A RESOLUTION OF TIIE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED , BY NOT REQUIRING THE DEVELOPER TO PROVIDE A PUBLIC WATER SUPPLY AND SANITARY SEWER LINES FOR THE ATTACHED SUBDNISION PLAT AND AMENDING PZ13-01 TO REQUIRE THAT ROADS BE CONSTRUCTED TO THE MINIMUM STANDARDS REQUIRED BY CITY CODE. WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and were recommended for approval on January 9, 2013, subject to certain conditions ; and, WHEREAS , further review requires the City of Kenai Planning and Zoning Commission to amend the minimum road standards imposed; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Coun cil the waiver of water and sewer requirements for Council approval. 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: a. Public water system required pursuant to KMC . 14.10 .080(e) not be required based on the following findings : i. Lot sizes are over 40,000 sq . feet, which are adequate to support on-site water. ii . City fire protection is available. iii . On-site water is consistent with surrounding neighborhood. b . Sanitary sewer lines required pursuant to KMC . 14 .10 .080(f) not be required based on the following findings : i. Lot sizes are over 40,000 sq. feet, which are adequate to support on-site sewer. 11• Cost prohibitive to boring under the Kenai Spur Highway. m . Soils are adequate to support on-site waste water. 2. Resolution PZ13-01 is amended by repealing the requirement that the developer build paved roads and instead require all streets in the subdivision be built to the minimum standards required by City Code. 3 . If water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer will be extended to serve the subdivision. PASSED B Y THE PLANNING AND ZONING COMMISSI ON OF THE C ITY OF KENAI, ALASKA, MAY 22, 2013. Grant an exoeption to ~4C 14 .10. 080(e), Publio Water System and KMG 14 .1O .080(f) Sanitary Se·Ner 8ervioe. 1. An Installation Agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. hnprovements may include but not be limited to the following: a. Streets and drainage plans must be designed and ooastruoted to Municipality ofAnohorage Standard Speoifioatioas (2009 MASS). (a.) Design must be stamped by an engineer licensed in the State of Alaska. (b.) Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. b . Streets 'Nill require a min:iffiUffi: 24 foot pa'led S'l:lffaoe, v1ith 2 foot shoulders and appmved exctWation and backfill. c. Signage including but not limited to stop signs, speed limit signs and street signs. d. Back slopes must be top soiled and seeded. e. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. f. As-built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 2. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. t/1e ci!jo( KENAI. ALASKA 'V CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13-01 SUBDIVISION PLAT / A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platKEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onDecember 28, 2012, and received from Segesser Surveys. WHEREAS, the City of Kenai Plam1ing and Zoning Commission finds : 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to theCity of Kenai for the referenced property. 4. Installation agreement or construction of improvementsIS required. 5. Status of surrounding land is shown. 6. Utility casements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8 . Street names designated on the plat are correct. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVEKEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PZ13-01 Resolution Page 2 1. Grant an exception to KMC l 4.10.080(e) (Public Water System) and (f) (Sanitary Sewer Service). 2. Installation agreement will be required: The City will work with the prope1ty ov.rncr to develop the Installation Agreement after preli.minary plat approval. Improvements may include but not be limited to the following: a. Streets and drainage plans must be designed and constructed to Municipality of Anchorage Standard Specifications (2009 MASS) b . Design must be stamped by an engineer licensed in the State of Alaska. c. Prior to construction, plans must be submitted to the City of Kenai for review ru1d acceptance. d. Streets will require a minimum 24-foot paved surface, with 2-foot shoulders and approved excavation and backfill. e . Signage including but not limited to stop signs, speed limit signs and stfoet signs. f. Back slopes must be top soiled and seeded. g. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. h. As-built drawings must be submi tted to the City in both paper and digital format (Adobe & AutoCAD). 3. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2200  (907) 714-2378 Fax Office of the Borough Clerk Charlie Pierce Borough Mayor Planning Department July 28, 2021 City of Kenai Planning and Zoning Commission 210 Fidalgo Avenue Kenai, AK 99611 Planning and Zoning Commissioners: RE: Time Extensions It has been brought to my attention that there have been some questions regarding the Borough’s time extension process for subdivision plats, specifically for Kee’s Tern Subdivision. I apologize as a staff member could not be present for your meeting but I hope this letter will provide some additional insight for subdivision plat time extension requests. After approval from the City of Kenai Planning and Zoning Commission, the Kenai Peninsula Borough Planning Commission approved Kee’s Tern Subdivision on February 11, 2013. A revised preliminary plat was then approved on February 10, 2014. The Kenai Peninsula Borough adopted updates to Title 20 – Subdivision codes that took effect on February 12, 2014 and April 1, 2021. Kee’s Turn Subdivision, as well as a few others subdivision plats, were approved prior to February 12, 2014 and are being reviewed under the code effective prior to February 12, 2014 (pre 2014). KPB code pre 2014 (20.12.090) covered the preliminary plat approval and expiration restrictions. It allowed time extensions to be requested but did not place any restrictions on how many extensions could be approved or the time limits for the subdivision plat approval. Under pre 2014 code, an unlimited number of time extensions could be granted. On February 12, 2014, a revision to Title 20 - Subdivisions was adopted. Under KPB 20.25.110, subdivision plats are granted a two-year initial approval. The owner or surveyor may request no more than two additional time extensions, with each extension being for a 2 year approval period. The recording of a phase of the subdivision resets the approval date for an additional two years from the date that the phase is recorded. The approval of time extensions rests with the KPB Planning Director unless they wish to present it to the Planning Commission for approval. Expiration of the preliminary plat approval will require the submission of, and action on, a new preliminary plat application. July 28, 2021 Page 2 On April 1, 2021, another revision to Title 20 – Subdivisions was adopted. A section of code was added that reads, ‘Subdivision plats approved prior to February 14, 2014 under former KPB 20.12, 20.14, 20.16, and 20.20 with approvals that are greater than 10 years in length, and with approvals that will expire, will be considered expired on the expiration date. Continuation of an expired subdivision will require the submission of, and action on, a new preliminary plat that complies with current subdivision requirements.’ Under this current section of code, the approval for Kee’s Turn Subdivision cannot be extended beyond February 11, 2023, which is 10 years from the initial preliminary plat approval date. If all phases are not recorded before February 11, 2023 a new preliminary plat application must be submitted and the plat must comply with current subdivision standards. KPB Subdivision code has always required review by the City Advisory Commission (Planning and Zoning) for all subdivisions within city limits. This requirement has been in effect with the pre 2014 code and has not changed with the subsequent code revisions. With the City Advisory review for a time extension, KPB staff is requesting information from the City that may affect the previously approved preliminary plat. Examples of possible concerns are changes to road construction requirements, changes to city utilities, requirements for extension of city utilities, zoning changes, any infractions to municipal code, etc. In regards to Kee’s Tern Subdivision, this time extension request can be granted to allow approval to February 11, 2023, which is ten years from the initial approval date and complies with current KPB subdivision standards. After this date, a new subdivision plat application will be required. Kee’s Tern Subdivision was approved with exceptions to allow for private right-of-ways that were created as a tract. KPB code currently allows for private streets as outlined in KPB 20.80 – Private Streets and Gated Communities. As outlined in KPB 20.80.005, Chapter 20.80 does not apply within the boundary of an incorporated city. Any approval for Kee’s Tern Subdivision after February 11, 2023 will require both City and Borough approval. I hope this letter helps address some concerns and questions you may have. If you have any questions regarding our process or code, please let me know. Thank you, Scott Huff Platting Manager