HomeMy WebLinkAboutResolution No. PZ2021-30CITY 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.
Resolution No. PZ2021-30
Page 2of2
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. \~
JEft ff :CHAIRPERSON
ATTEST:
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NOTES
l.~RMANEHT STRuct\JRE SMALL RE CONSTI\UCTEO OR PL.AaD WIT"IN A
VTIUTY EASEMENT WHICH WOUU> 1NTERFfRI WITHTHE ABllJIY Of A UTILITY
TOUSEfttEWEMENT. z. DEVUOFMENT MUST MEET THE CITY OF ICENAI CH4P'ltR 14 ZONING COOE
REQ.UfftEMENTS.
3. PER KPB 20.30.lSOTHE BUILDING SETBAtK. OF RECORD HAS BEEN REMOVED. AU
DEVELOPMENT MUST COMPLY WITH THE MUNICIPAL ZONING REQUIREMENTS.
4. ANY PERSON DEVELOPING THE PROPERTY 15 RESPONSIBLE FOR OBTAINING All
REQUIRED LOCAL ST,lil'E, ANO FEDERAL PERMITS, INCLUDING A U.S. ARMY
CORPS OF ENGlNEDtS WETtAND DETERMINATION 1F MPUCARLE.
!i. THIS PAJl(t:L MA'I' BE AFFECTED BY THE FOllOWING:
5.1. THIS S\HOiVISKJH MAY IJE Af'FECJIO &YA RESUYATfON Of EASEMENT
RESERVED BY PUSUC: l.AND ORDER No.601 DATil) AUGUST 10, 1949 AND
AMENDED BY PUBLIC LAND ORDER No.757 DA.TUI OCTOBER 10, 1959,
PU!IUC I.AND ORDER No.15U DATrD APRIL 7, 1958 AND DEPAFcTMENTOF
THE INTERIOR ORDER No.2G65 DATED OCJO!IER 16.1951, AMENDMENT
Na,1 DATED JUL'!' 17, 1952 ANO AMENDMENT No.2 OA.TED SEPTEMBER.15,
195! FILED IN THE fEDERAl REGISTER..
s.2. AN El.ECnuc EAS£M£NTGAANTED TQ KENA1 POWl!R CORPORATION ON
JUNE 4, 1958 IN MISC. BOOK 2, PAGE ll, KAO, LOCATK>N NOT DEFINED.
AND ;\SSIGHEDTOTHE aTV Of kEMAI DfCfM8£ft 31. 1963 IN MISC. BOOK
U .PAGElU,KltD.
S.!. AN El.ECTRIC EASEMENTGRAM'TID TO HOMER ELECTRIC ASSOOATlON ON
DECEMBER 5, 1956 IN MISC. DOOKl, PAGE 64-, KRD, LOO\TIClN NOT
DEFINED.
~ E9 FOUND PRIMARY MONUMENT AS DESCRIBED
0
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FOUND l/l• Rf8AA UNLESS NOTm
SFTS/rlllO-REBARw/1• STA.INlfS.S
STEEL CAP 85032-S
WASTEWATER DISPOSAL
PLANS FOR WASTEWATER Dl!iPOSAL THAT IA£n'
REGUlATORV REQUIMME!fl'SARI ON FU.E ATTHE
DEPARTMENT OF EHVUl:ONMEHTM. CONS£RVA1t0N. \
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CERTIFICATE OF OWNERSHIP AND DEDICATION
I HEREBVCERTIF'VTitATI AMTitE OVYl'IEA OF THE REAL PROPERTY SHOWN
ANO DE5CRl8CD HfR£<lN ANO I HEflli8'1' ACOPTnns Pl.AH OF SUSDMS~
ANO BY MY JllEE. OONSfNTOfDlCAU AU. IUGHTS-OF-WAV AND PUBLIC
AREAS TO PUBLIC USE AND GAANl"AU. WEMENTSlO THE US( SHOWN.
ALEXANDER ODllTHIT
1104 lEEWARO DR
Kf:NAI, Ak'99611
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NOT.AltV> AO<NOWL EDGEMENT
FOR: ALEXANDER DOUTHIT
ACKNOWLEDGED BlfORf ME THIS
DAY Of-----'°"
M'r COMMISSION EXPIRES·~---
LOT 46 -BLOCKS
3.436AC
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BL.ACK GOLD ESTATES 2021 REPL.A T
A R/WVACUION Pl.AT Of UNNAMED 6<1' STJtEET ADJACENT TO LOT
.CA 8LOCK 8 BLACK GOLD ESTATES SUBDIVISION No.2 (KNB&-76)
ALEXANDEA DOUTHrT. OWNER
11G4lEEWAfl.DD«
xtNAl, Al(996l1
UJliAC. M/LSffiJATED INTHESWJ/4 OFSfCllDN ZS, TOWNSHJP5 NORTH
RANGE 12 WEST, SEWAii:[) MERIC>IAN, KENAI PENINSUl.A BOROUGH, AND .
Tt1£ kENAI RECORDING D_ISTRICT, AlASKA.
ICP8 ,.11.£ Ne, 2C21-XJOI
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/ THIS PLAT WAS APPROVED BYTME KENAI PENINSULA
80ROUGH PlANNINGCOM'-4155IOH AT THE MEEllNG
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OF ,2021.
AUTHORIZED OFFIOAL om
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 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 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
Name:
Mailing Address:
Phone Number(s):
Email:
Name:
Mailing Address:
Phone Number(s):
Email:
Preliminary Plat
Submittal Form
Mclane Consulting
PO BOX468 City: Soldotna
907-283-4218
JHALL@MCLANECG.COM
Alexander Douthit
1104 Leeward Dr City: Kenai
907-398-2080
alex@alaskacdl.com
Kenai Peninsula Borough Parcel #:
Current City Zoning : General Commercial
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai. AK 99611
State: AK
State: AK
(907) 283-8200
plan11ing@ke11ai.city
www.kenal.city/planning
Zip Code: 99669
Zip Code: 99611
Use: 0 Residential
D Other:
D Recreational !J Commercial
Water: D On Site l!I City D Community
Sewer: D On Site l!!City 0 Community
Preliminary Plat Name: Black Gold Estates 2021 Replat
Revised Preliminary Plat Name:
Vacation of Public Right-of-Way: ii Yes DNo
Street Name (if vacating ROW): Unnamed 60' Street per K1399
Exceptions Required and Requested:
Com merits:
This is a vacation plat intended on vacating th~ 60' Street adjacent to Wildwood Drive. Wildwood Drive
is a 100' R/W that is constructed and utilized for ingress/egress of traffic.
Alexander Douthit
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NOTES
1. ~MANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A
UTILITY EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY
TO USE THE EASEMENT.
2. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14 ZONING CODE
REQUIREMENTS.
3. PER KPB 20.30.2SO THE BUILDING SETBACK OF RECORD HAS BEEN REMOVED . ALL
DEVELOPMENT MUST COMPLY WITH THE MUNICIPAL ZONING REQUIREMENTS.
4. ANY PERSON DEVELOPING THE PROPERTY IS RESPONSIBLE FOR OBTAINING ALL
REQUIRED LOCAL, STATE , AND FEDERAL PERMITS, INCLUDING A U.S . ARMY
CORPS OF ENGINEERS WETLAND DETERMINATION IF APPLICABLE.
S. THIS PARCEL MAY BE AFFECTED BY THE FOLLOWING:
S.1. THIS SUBDIVISION MAY BE AFFECTED BY A RESERVATION OF EASEMENT
RESERVED BY PUBLIC LAND ORDER No.601 DATED AUGUST 10, 1949 AND
AMENDED BY PUBLIC LAND ORDER No.7S7 DATED OCTOBER 10, 19S9,
PUBLIC LAND ORDER No.1613 DATED APRIL 7, 19S8 AND DEPARTMENT OF
THE INTERIOR ORDER No.2665 DATED OCTOBER 16, 19Sl, AMENDMENT
No .1 DATED JULY 17, 19S2 AND AMENDMENT No .2 DATED SEPTEMBER lS,
19S6 FILED IN THE FEDERAL REGISTER.
S.2. AN ELECTRIC EASEMENT GRANTED TO KENAI POWER CORPORATION ON
JUNE 4, 19S8 IN MISC BOOK 2, PAGE 31, KRD, LOCATION NOT DEFINED.
AND ASSIGNED TO THE CITY OF KENAI DECEMBER 31, 1963 IN MISC BOOK
11, PAGE 188, KRD .
S.3 . AN ELECTRIC EASEMENT GRANTED TO HOMER ELECTRIC ASSOCIATION ON
DECEMBER 5, 1958 IN MISC BOOK 2, PAGE 64, KRD, LOCATION NOT
DEFINED.
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LEGEND
El) FOUND PRIMARY MONUMENT AS DESCRIBED
0
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FOUND 1/2" REBAR UNLESS NOTED
SET S/8"x30" REBAR w/ 1" STAINLESS
STEEL CAP 85032-S
WASTEWATER DI SPOSA L
PLANS FOR WASTEWATER DISPOSAL THAT MEET
REGULATORY REQUIREMENTS ARE ON FILE AT THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
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CERTIFICATE OF OWNERSHIP AND DEDICATION
I HEREBY CERTIFY THAT I AM THE OWNER OF THE REAL PROPERTY SHOWN
ANO DESCRIBED HEREON AND I HEREBY ADOPT THIS PLAN OF SUBDIVISION
AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC
AREAS TO PUBLIC USE AND GRANTALL EASEMENTS TO THE USE SHOWN .
ALEXANDER DOUTHIT
1104 LEEWARD DR
KENAI, AK 99611
NOTARY'S ACKNOWLEDGEMENT
FOR: ALEXANDER DOUTHIT
ACKNOWLEDGED BEFORE ME THIS
DAY OF -----~ 2021
MY COMMISSION EXPIRES:. ____ _
NOTARY PUBLIC FOR THE
STATE OF ALASKA
/ \ LOT 14 -BLOCK 4/
K1399 , _____
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KENAI RIVER
VICINITY MAP
Scale 1" = 1 Mile
GRAPHIC SCALE / \ \
/ N33°07'30"W \ N4S 0 04'00"E/
2.19'
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SO' PA RK ING AREA
PER K1399
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LOT 4B -BLOCK 8
3.436AC
5/8" REBAR
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PLAT APPROVAL
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Plat#
Rec Dist
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Date
Time .
BLACK GOLD ESTATES 2021 REP LAT
A R/W VACATION PLAT OF UNNAMED 60' STREET ADJACENT TO LOT
4A BLOCK 8 BLACK GOLD ESTATES SUBDIVISION No.2 (KN84-76)
ALEXANDER DOUTHIT, OWNER
1104 LEEWARD OR
KENAI, AK 99611
3.436 AC M/L SITUATED IN THE SWl/4 OF SECTION 2S, TOWNSHIP 6 NORTH
RANGE 12 WEST, SEWARD MERIDIAN, KENAI PENINSULA BOROUGH, AND
THE KENAI RECORDING DISTRICT, ALASKA.
ENGINEERI NG -TESTIN G
SURVEYING -MAPPING KP8 F"ILE No.
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION ATTHE MEETING
P.O. BOX 468
SO LD OTNA. AK. 99669
VOI CE: (90 7) 283-4218
FAX: (907) 283-3265 OF , 2021.
WWW.MCLANECG.COM PRO.JECT NO. 212027
AUTHORIZED OFFICIAL DATE S CALE 1 " = 501 CATE :JUN 2021 SOOK NO. : • DRAWN B V : JAH
RESOLUTON PZ2021-30KPB #0390402114224 Kenai Spur HighwayLot 4A, Block 8, Black Gold Estates No. 2
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WILDWOOD DRWINDFLOWER DRCOOK INLET VIEW DRAUGUSTINE WAYO
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.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