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Home My WebLink AboutResolution No. PZ2022-06CITY OF KENAI !LANNING AND ZONING COMMISSIOK, RESOLUTION NO., 2006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT TOYON SUBDIVISION 2021 REPLAT ATTACHED WERETO BE,4,P—P—'ROVED WHEREAS, the City of Kenai received the plat from Edge Survey and Design and, WHEREAS, the plat meets Municipal Code requirements of the Townsite Historic (TSH); and, WHEREAS, street names are referenced correctly; and, WHEREAS, access is provided via Alaska Avenue, which is a paved, City maintained road; and WHEREAS, City water and sewer lines are located along Mission Avenue; 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. [O]MIMIMESIIW&oj=IlMkqrAIWAIW*16 IFAM JJ_ Section 1. That the preliminary plat of Toyon Subdivision 2021 Replat be approved subject to the following conditions: Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare that the two 20' public street easements to be vacated is not needed for a public purpose andl approve the vacation of the 20' public street easements as shown on the preliminary plat. Aesolution No. PZ2022-15 .",age 2 of 2 m 3. The City of Kenai requests notification of the schedule for construction of the right of way turnaround at the end of Alaska Avenue. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of March, 2022. IT, CHAIRPERSON i 4V ATTEST: Michelle M. Sa6er, MMC, City Clerk MINI-' TO: Planning and Zoning Commission FROM. Ryan Foster, Planning Director DATE: March 17, 2022 SUBJECT: PZ2022-06 — Preliminary Plat — Toyon Subdivision 2021 Replat Applicant: Kenaitze Indian Tribe P, O. Box 988 Kenai, AK 99611 Submitted By: Edge Survey and Design P.O. Box 208 Kasilof, AK 99610 Requested Action: Preliminary Subdivision Plat — Toyon Subdivision 2021 Replat Legal Description: T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0001592 TOYON SUES LOT 2 T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0001592 TOYON SUS LOT 1 Property Address: 929 Mission Avenue and 1001 Mission Avenue KPB Parcel No: 04708,610 and 04708609 Lot Size: Approximately 2.57 acres and 0.94 acres Existing Zoning: Townsite Historic Current Land Use: RV Park and Apartments Land Use Plan: Mixed Use GEN EFRAt.- lN FOR MATION .......... Edge Survey and Design submitted a preliminary plat on behalf of the property owners, the Kenaitze Indian Tribe. The plat affects the parcels at 929 Mission Avenue (KPB: 04708610) and 1001 Mission Avenue (KPB: 04708609). The proposed Toyon Subdivision 2021 Replat will combine the two parcels into one and vacate two 20' public street easements, with a shared zoning designation of Townsite Historic and one property owner. The preliminary plat proposes a dedicated right of way turn around at the end of Alaska Avenue, 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 March 17, 2022. ANALYS6 Access to the proposed Toyon Subdivision 2021 Replat is provided via Alaska Avenue, which is a paved, City maintained road, City water and sewer lines are adjacent along Mission Avenue. The Public Works Director and Fire Marshal reviewed the dedicated right of way turnaround and had one comment, to be notified of the timing of the construction of the right of way turnaround, The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations. R1EQ10Mhid E1NJQA-QQr,JS City staff recommends approval of the preliminary plat of Toyon Subdivision 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 that the two 20' public street easements to be vacated is not needed for a public purpose and approve the vacation of the 20' public street easements as shown on the preliminary plat. Page 2 of 3 Tke City of Kenai I wwwkenai.city 3. The City of Kenai requests notification of the schedule for construction of the right of way turnaround at the end of Alaska Avenue. ATTACHMENTS 1. Application 2. Preliminary Plat 3. Aeria�l Map Page 3 of 3 Tke City of Kenai I www.Lenaixity 7-TEMMENIUM071-73 . =11-41 P�,nnrfiq and Kamm, N, "I o 7` Mrr 77/7/17 �777117777'�',-" '�'—77 NaMW Edge, Survey and Design Mailing Address:-- PO Box 208 :C:jjty., �Kasdof St�a: te:, AK P`hano Number(s): 283-9047 Email: josonCedgesurvey.net " 7 / //_ '7. ... .... . ...... 7 . ........ ..... 7 7/ Name* Kenaftze Indian Tribe Mailing Address', 130 Box 988 1 Len Phone Number(s): 335-7208 - Don Ohler �rnall: dohlerCkenaitze.org 7777-77-7 �g and 04708610 Recreational C) Commercial 13 Other: Water: 0 On Site w city 0 Community On Site 0 C4 0 Community . ... . . ... 7/77 r0aw", w/ division 2021 Reptat f�evi Prelirrtir>rary Pi lame: Yes U No w. Street Name (if Vacatling ROVV): �ubll Street Easement Exceptions Required and Requested: Comments: Platting goal is to combine two parcels and vacate an public snet easement OF EN K CITY'AI Pi AtkJUNG 77=7=7777 `7n` 1,.';��r . . ... ... ... iff] Certificate to Plat (1) 24" x 36, Plat El (2) 11 x 17" Plats Authorizing Chelsea Hendriks, Interim Execudve Director of Tribal Administratton, to sign all contracts, agreements, and official documents on behalf'of the Kenaltze Indian Tribe In FY2021-2022 RESOLUTION 2021-42 Page I of I Approved June 25,2021 Stewart Vtfe of the Kenai (Peninsufa, Inc. 36096 Kenai Spur Hwy. SoldoIna, AK 9,96691i Tel: (907) 260-8031 Fax: (907) 260-8036 Edge Survey and Design, LLC. PO Box 208 Kasilof, AK 99610 .Attention: Jason Young File Numbe 211, lium. r�251 Prem T91 0 a] This is a certificate as of November 24, 2021 at 6:00 A.M. for a plat out of the following property., Lots One (1) and Two (2), TOYON SUBDIVISION, according to Plot No. K-1592, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record We is vested in Kenaitze Indian'tNbe an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S, Patent, andlor acts authorizing the issuance thereof. 2. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Texing Authoritjr City of Kenai sit MAN I I 90mtIMN A 0,1111112,14 2 11,21,14111IJ WILIU10) "'401111101., 4. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: public improvements and electrical transmission and distribution lines In Favor Of: City of Kenai Recorded: April 1, 1968 Volume/Page: 601247 Affects: blanket easement 6. RESERVAT101W of oil, gas, and mineral rights constructive notice of which is given by recital in deed: Recorded: April 1, 1966 Volume/Page, 5W247 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 16. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated an Plat No, K-1 592, 7. EFFECT of the notes an said Plat No. K-1 92. S. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in dee& Recorded,. December 15, 1995 Volume/Page; 4761963 CeWfiage to Plat KBI File No.: 21005 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is Implied or assumed. 9. RESERVATION of oil, gas and mineral rights constructive noitice of which is given by recital in dised! Recorded! August 11, 2000 Volume/Page: 68714,37 FURTHER, no other examination of the excepted' title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. DISCLAIMER OF INTEREST, including the terms and conditions therein: Recorded: September 16, 2004 Serial No,: 2D14-00,9237-0 10. DEED OF TRUST, ASSIGNMENT 01F RENTS, SECURITY AGREEMENT AND FIXTUIRE FILING including to and provislonsthe reof, to secure an inclebledness, of the amount herein stated and for any other amounts payable under the terms thereof Amount $880,000.,00 Dated: December 1, 2004 Recorded: December 7, 2004 Serial No.: 201134-012359-0 Trustor: Jerry P. Dunn and W, hryn E. Dunn, husband and wife Trustee:! First American Title of Alaska Beneficiary: Alaska Housing Finance Corporation, NOTE:Said Dead of Trust may have been paid, but no reconveyance of record has been recorded as of the date of this Certificate to Prat. (Lot 2) 11. DEED OF TRUST AND ASSIGNMENT F RENTS AND LEASES Including terms and provisions thereof, to secure an indebtedness, of the amount herein stated and for any other amounts payable under the terms thereof Amount- $400,000,00 Dated: January 26, 2010 Recorded: January 216, 2010 Serial No.: 201 D-000654-0 Trustor: Jerry P. Dunn Trustee: Wells Fargo Financial National Bank Beneficiary: Wells Fargo Bank NOTE-. Said Deed of Trust may have been paid, but no reconveyance of record has been recorded as d the date of this Certificate to data (Lot 2), By Terri C arell Authorized Signator Irom surveyor. Certificate to Plot KBI File No.; 21006 LOT fitar PIA yb— To OECD ITO El A, D, 12 G141 I IT I Q7 L,.Vlx. T TTT 16B nwaru PW 2017-13 "I, Z m 11;P="- ------------ 'Ar W!1.1'111=11., KENAI