HomeMy WebLinkAboutResolution No. 2022-59
Sponsored by: Administration
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CITY OF KENAI
RESOLUTION NO. 2022-59
A RESOLUTION GRANTING SEWER SYSTEM AND STREET IMPROVEMENT EXCEPTIONS TO
KMC 14.10.080, MINIMUM IMPROVEMENTS, FOR KING COVE SUBDIVISION PURSUANT TO KMC
14.10.090, VARIATIONS AND EXCEPTIONS.
WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for King Cove Subdivision
on July 27, 2022, and recommended approval subject to certain conditions; and,
WHEREAS, Planning and Zoning Commission Resolution No. PZ2022-16, passed on July 27, 2022,
recommending that the City Council approve exceptions to KMC 14.10.080(c) and (f), Minimum
Improvements Required, waiving the requirement that the developer of King Cove Subdivision provide
sanitary sewer lines for each lot in the subdivision and road construction for Pearson Avenue and that
portion of Highbush Lane from an unnamed Court to Pearson Avenue; 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, the Planning and Zoning Commission Resolution PZ2022-16 provided substantial findings
to support the requested exceptions; and,
WHEREAS, KMC 14.10.080(e) does not require subdivisions of less than ten lots to provide City water;
and,
WHEREAS, granting an exception to the requirement of KMC 14.10.080(f) requiring the provision of
sanitary sewer lines to serve each lot is reasonable as an engineer will be required to meet the Alaska
Department of Environmental Conservation (ADEC) regulations for on-site water and waste water; and,
WHEREAS, extending the City sewer system to the subdivision is cost prohibitive at this time; and,
WHEREAS, granting an exception to the requirement of KMC 14.10.080(c) requiring that all streets and
public ways meet minimum construction standards for Pearson Avenue and Highbush Lane from the
unnamed Court to Pearson Avenue is reasonable as Highbush Lane was upgraded in 2012 to support
large drilling equipment to access a pad north and west of the subdivision; and,
WHEREAS, the Planning and Zoning Commission conditioned its recommendation to include an
installation agreement for the upgrade of Highbush Lane from the Kenai Spur Highway to, and including,
the unnamed Court; and,
WHEREAS, the Planning and Zoning Commission conditioned its recommendation for exceptions to
include a note on the recorded plat that when an improvement district is formed, the real property involved
will be part of the improvement district without further action by the then owner of the property in question;
and,
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Max Best, Interim Planning Director
DATE: July 26, 2022
SUBJECT: Resolution No. 2022-59 - Exception Request for Granting a Sewer
System and Street Improvement Exceptions
The purpose of this Resolution is to request an exception from the Council for partial road
construction and sewer service for King Cove Subdivision in accordance with KMC 14.10.090.
At the Planning & Zoning Commission meeting of July 27, 2022, the Commission considered a
request to grant an exception to the requirements for a portion of the roads and extension of the
sewer system.
Based on the recommendation backed by substantial findings from the Planning Commission the
Administration recommends approval of the exception. Development of the property in a strict
application of the code would result in real difficulties, and substantial hardship. This exception
would allow the applicant to develop the property in a reasonable manner with no determent to
the public welfare and interest of the city and surrounding area.
Thank you for your consideration.
Attachments:
Planning Commission packet
City of Kenai I 210 !=idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city
STA FF REPORT
TO: Planning and Zoning Commission
FROM: Max Best, Interim Planning Director
DATE: July 13, 2022
SUBJECT: PZ2022-16 -Preliminary Plat-King Cove Subdivision
Applicant: Caryn Lee Giliam
5014 E. 145 Ave.
Anchorage, AK 99516
Submitted By: Mclane Consulting
P.O. Box 468
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat -King Cove Subdivision
Legal Description: Government Lots 4 & 5 and the Northeast Quarter of the Northwest
Quarter of the Northeast Quarter (NE1/4 NW1/4 NE1/4) of Section
34, Township 6 North, Range 11 West, Seward Meridian, City of
Kenai, Kenai Peninsula Borough, and the Kenai Recording District
Property Address: Vacant
KPB Parcel No: 04516019
Lot Size: Approximately 15.04 acres
Existing Zoning: Rural Residential
Current Land Use: Vacant
Land Use Plan: Residential
(
GENERAL INFORMATION
Mclane Consulting submitted a preliminary plat on behalf of the property owner, Caryn Lee
Giliam. The plat affects KPB Parcel 04901135 a resubdivision of Government Lots 4 & 5 and
the NE1/4 NW1/4 NE1/4 of Section 34, T6N, R11W, S.M. AK.
The proposed King Cove Subdivision will create eight lots, Lots 1, 2, 3 and 5 (approximately 1.733
acres), and a Lots 6, 7, and 8 (approximately 1.0 acres) Lot 4 (approximately 3.00 acres).
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 August, 23, 2022.
ANALYSIS
The subject parcels are currently undeveloped. Access to the proposed King Cove subdivision
is provided via Mile 5.5 Kenai Spur Highway and North Highbush Lane, which is a gravel road,
not maintained by the City. The subdivision is located in the Rural Residential zone, which
requires a minimum lot size of 20,000 square feet. Each lot is in excess of one acre; therefore,
all eight lots meet the minimum lot size for the zone.
The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots
which require an additional ten feet as set forth in Kenai Municipal Code (KMC) 14.10.70(e)(4).
Each lot is greater than 145 feet wide, therefore, the minimum lot width requirement has been
met.
KMC 14.10.070(b)(2) requires the minimum width for minor streets shall be sixty (60) feet. A thirty
foot half right-of-way is being proposed for High bush Lane which is adjacent to a thirty foot public
road easement associated with the property to the west. Additionally, the unnamed Court is sixty
feet wide and meets the width requirement. There is a proposed thirty foot dedication in the
undeveloped Pearson Avenue fifty foot section line easement along the northern property line.
Along with the adjacent northern property there is in excess of 60' of road easement.
KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision
Regulations.
KMC 14.10.0BO(c) All street and public ways shall be graded to their full width and to the
appropriate grade, and shall be surfaced to a minimum width of thirty (30) feet in accordance with
applicable standard specifications of the City, and all streets in any subdivision that the City
Page 2 of 4
The City of Kenai I www.kenai.city
Planning Commission shall designate as major streets shall be surfaced to a minimum width of
forty (40) feet. The cross-section of construction shall contain non-frost susceptible material to the
depth of forty-two ( 42) inches from appropriate grade, and in the absence of any other specified
depth by applicable standard specifications of the City. Such construction shall be subject to
inspection and approval by the City Engineer or his equivalent under contract by the City, and
shall comply with all applicable City standards for construction.
Pursuant to KMC 14.10.090 the property owner is requesting an exception/waiver to the
requirements of KMC 14.10.080(c) for the installation of Pearson Avenue and the upgrade of
Highbush Lane. An installation agreement for the unnamed court will be required to meet the
above minimum requirements.
Relevant Conditions: Highbush Lane accessing the subdivision was improved in 2012 to
access a drill pad north and west of the subdivision. It is unknown if the road meets City
construction standards for inclusion into the maintenance system. An engineering analysis
will be required before the City is willing to accept the road for maintenance. The road bed
is greater than 30' wide and accesses one residence beyond the subdivision. The road
was adequate to support large drilling equipment for well development. It should be
adequate to support fire and emergency vehicles. The subdivider will include a note on
the recorded plat that when an improvement district is formed, the real property involved
will be a part of the Improvement district without further action by the then owner of the
property in question.
Pearson Avenue adjacent to this subdivision is an unconstructed section line easement
containing an overhead electric transmission line. The construction of Pearson Avenue
will not be necessary to access this subdivision. The subdivider will include a note on the
recorded plat that when an improvement district is formed, the real property involved will
be a part of the Improvement district without further action by the then owner of the
property in question.
KMC 14.10.080(e) Public water. In subdivisions of ten (10) lots or less, the subdivider will
include a covenant on the recorded plat that when an improvement district is formed, the real
property involved will be a part of the improvement district without further action by the then
owner of the property in question. The plat meets this requirement.
KMC 14.10.080(f). The subdivider shall install sanitary sewer lines to serve each lot. All such
sewer lines shall be constructed in accordance with regulations and requirements of, and under
the supervision of the City Engineer's office or his equivalent under contract by the City if such
sanitary sewers are available for connection by the said subdivider and are located within one
thousand five hundred (1,500) feet of the subdivider's nearest lot line.
Pursuant to KMC 14.10.090 the property owner is requesting an exception/waiver to the
requirements of KMC 14.10.080(f) for the installation of sanitary sewer.
Relevant Conditions: An existing sanitary sewer main is available for the developer 750'
from the southwest corner of the subdivision at a stub out at the intersection of the Kenai
Spur Highway and Highbush Lane. The subdivision is comprised of lots that are in excess
of 40,000 square feet and will need to meet the requirements of the Alaska Department of
Page 3 of 4
The City of Kenai I www.kenai.city
( (
Environmental Conservation (ADEC) for on-site water and waste water systems. An
engineer will providing the necessary submittals to meet the standards for the on-site
systems. The cost for the connection and a system to serve this large-lot subdivision is
prohibitive and may well result in the development being financially unfeasible. The
subdivider will include a note on the recorded plat that when an improvement district is
formed, the real property involved will be a part of the Improvement district without further
action by the then owner of the property in question.
RECOMMENDATIONS
City staff recommends approval of the preliminary plat of King Cove Subdivision subject to the
following recommendations and conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Pursuant to KMC 14.080., the City will require an installation agreement for development
of the unnamed Court and that portion of Highbush Lane from the Kenai Spur Highway
and the unnamed CoLJrt.
3. Staff recommends the Planning and Zoning Commission recommend the Council waive
the construction requirements of Highbush Lane and Pearson Avenue per the above
conditions.
4. Staff recommends the Planning and Zoning Commission recommend the Council waive
the construction requirements for sanitary sewer per the above conditions.
5. Conformance with KPB preliminary and final plat recommendation and adherence to
Kenai Municipal Code.
6. Include a note on the recorded plat that when an improvement district is formed, the real
property involved will be a part of the Improvement district without further action by the
then owner of the property in question
ATTACHMENTS
1. Application
2. Preliminary Plat
3. Aerial Map
Page 4 of 4
The City of Kenai I www.kenai.city
(
K~NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2022-16
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT KING COVE SUBDIVISION ATTACHED HERETO BE
APPROVED
WHEREAS, the City of Kenai received the plat from Mclane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the Rural Residential zone; and,
WHEREAS, existing 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 Highbush Lane which is an unmaintained gravel street; and
WHEREAS, Water and sewer lines are located within the right-of-way at the intersection of the
Spur Highway and Highbush Lane; and,
WHEREAS, the developer is requesting a recommendation for an exception to KMC 14.10.0B0(c)
from building a portion of the subdivision roads; and,
WHEREAS, the developer is requesting a recommendation for an exception to KMC 14.10.080(f)
from installing sanitary sewer to the subdivision; 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 subdivider 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 with 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 improvements requirements would result in real difficulties, substantial hardship, or injustice
and,
WHEREAS, the Planning and Zoning Commission finds:
1. Highbush Lane accessing the subdivision was improved in 2012 to access a drill pad north
and west of the subdivision.
2. An engineering analysis will be required before the City is willing to accept the road for
maintenance.
3. The road bed is greater than 30' wide and accesses one residence beyond the
subdivision.
(
Resolution No. PZ2022-16
Page 2 of 3
4. The road was constructed to support large drilling equipment for well development at the
drill pad northwest of the subdivision and should be adequate to support fire and
emergency vehicle ingress and egress.
5. The subdivider will include a note on the recorded plat that when an improvement district
is formed, the real property involved will be a part of the Improvement district without
further action by the then owner of the property in question.
6. Pearson Avenue adjacent to this subdivision is an unconstructed section line easement
containing an overhead electric transmission line.
7. An installation agreement will be required for the unnamed court and that portion of
Highbush Lane from the Kenai Spur Highway to the unnamed court.
8. Construction of Pearson Avenue will not be necessary to access King Cove subdivision.
9. An existing sanitary sewer main is available for the developer 750' from the southwest
corner of the subdivision at a stub out at the intersection of the Kenai Spur Highway.
10. The subdivision is comprised of lots that are in excess of 40,000 square feet and will meet
the requirements of the Alaska Department of Environmental Conservation (ADEC) for
on-site water and waste water systems.
11. An engineer will provide the necessary submittals to meet the standards for the on-site
systems.
12. The cost for the connection and a system to serve this large-lot subdivision is prohibitive
and may well result in the development being financially unfeasible.
13. 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.
2. Pursuant to KMC 14.10.080 an installation agreement with the city for the development of
the unnamed court and upgrade of Highbush Lane from the Kenai Spur to the unnamed
court.
3. Request the Council approve a waiver for Pearson Avenue and Highbush Lane from the
unnamed court to Pearson Avenue, from the Kenai City.Council for KMC 14.10.080(c)
based on the above supporting findings 1, 2, 3, 4, 5, 6, 7, and 8.
4. Request the Council approve a waiver for sanitary sewer installation from the Kenai City
Council for KMC 14.10.080(f) based on the above supporting findings 5, 9, 10, 11, and
12.
5. Conformance with KPB preliminary and final plat recommendation and adherence to
Kenai Municipal Code.
Resolution No. PZ2022-16
Page 3 of 3
6. Include a note on the recorded plat that when an improvement district is formed, the real
property involved will be a part of the Improvement district without further action by the
then owner of the property in question
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 21th day of July, 2022.
JEFF TWAIT, CHAIRPERSON
ATTEST :
SHELLIE SANER, MMC, CITY CLERK
7/22/22, 7:07 AM
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