HomeMy WebLinkAboutResolution No. PZ2023-12CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-12
A RESOLUTION RECOMMENDING THAT OBERTS SILVER SALMON SUBDIVISION
PRELIMINARY PLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESS: 4805 Silver Salmon Drive
LEGAL DESCRIPTION: Government Lot Ten (10) and that portion of the Northeast one -
quarter of the Southeast one -quarter (NE1/4SE1/4) lying West
of Silver Salmon Drive, in Section 7, Township 5 north, Range
10 West, Seward Meridian, Kenai Recording District, Third
Judicial District, State of Alaska.
KPB PARCEL NUMBER: 04937013
WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. on behalf of the
property owners Nathan T. Oberts and Jesse S. Oberts; and,
WHEREAS, the plat meets Kenai Municipal Code (KMC) preliminary plat requirements and
development requirements for the Rural Residential (RR) zoning district; and
WHEREAS, the street name is referenced correctly; and,
WHEREAS, the subdivided lots will have access via Silver Salmon Drive, which is not a City -
maintained road; and
WHEREAS, City water and sewer lines are not available to the proposed subdivision; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the
minimum street widths, easements are sufficiently provided for utilities, the proposed
subdivision would provide satisfactory and desirable building site, and the on -site water
and wastewater system will be subject to the regulatory requirements of Alaska
Department of Environmental Conservation.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed lots meet City
standards for minimum lot sizes in the subject zoning district.
3. Pursuant to KMC 14.24.020 General Requirements, the proposed lots meet City
standards for minimum lot width and utility easements. Compliance with the maximum lot
Resolution No. PZ2023-12
Page 2 of 2
coverage, maximum height, and setbacks will be reviewed during the building permit
review.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Oberts Silver Salmon Subdivision be approved subject
to the following conditions.
1. Revised Note 2 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF
KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS".
2. Place the following note on the plat: "WHEN AN IMPROVEMENT DISTRICT IS
FORMED, THE REAL PROPERTY OWNER INVOLVED WILL BE PART OF THE
IMPROVEMENT DISTRICT WITHOUT FURTHER ACTION BY THE THEN OWNER OF
THE PROPERTY IN QUESTION."
3. Show and label any areas within the flood zone and floodway with the base flood
elevations (BFEs) found on the FEMA Flood Insurance Rate Map (FIRM) Panel
0200122045C, effective on December 6, 1999 on the plat.
4. Place the following note on the plat: "PRIOR TO DEVELOPMENT, CONTACT THE CITY
OF KENAI FLOODPLAIN ADMINISTRATOR FOR CURRENT INFORMATION AND
REGULATIONS. DEVELOPMENT MUST COMPLY WITH CHAPTER 14.30 OF KENAI
MUNICIPAL CODE."
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 12th day of July, 2023.
JEFF TV%ft, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
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7/ STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director,
DATE: July 7, 2023
SUBJECT: Resolution No. PZ2023-12 — Preliminary Plat — Oberts Silver Salmon
Subdivision
Request The applicant is proposing a preliminary plat to subdivide one (1) lot into
two (2) lots.
Staff Adopt Resolution No. PZ2023-12 recommending approval for a
Recommendation Preliminary Plat — Oberts Silver Salmon Subdivision to subdivide a
parcel described by metes and bounds into two (2) lots.
Applicant: McLane Consulting, Inc.
Attn: James Hall
PO Box 468
Soldotna, AK 99669
Property Owners: Nathan T. Oberts and Jesse S. Oberts
Legal Description: Government Lot Ten (10) and that portion of the Northeast one -quarter
of the Southeast one -quarter (NE1/4SE1/4) lying West of Silver Salmon
Drive, in Section 7, Township 5 north, Range 10 West, Seward
Meridian, Kenai Recording District, Third Judicial District, State of
Alaska.
Property Address: 4805 Silver Salmon Drive
KPB Parcel No.: 04937013
Lot Size (acreage): 33.658
Zoning: Rural Residential (RR)
Current Use: Vacant
Proposed Use: Undetermined
Land Use Plan: Low Density Residential (LDR)
SUMMARY
The proposed preliminary plat will subdivide an approximately 33.66-acre parcel described by
metes and bounds into two (2) lots with the proposed Lot 10-A to be approximately 11.38 acres
and proposed Lot 10-B to be approximately 22.27 acres. The subject parcel is a treed vacant lot.
Surrounding properties are primarily vacant, except to the south is the Pillars Boat Launch. At this
time, there is no proposed use.
Kenai Municipal Code Chapter 14.10 Subdivision Regulations states preliminary plats or replats
must first be submitted to the City for review and provide recommendation to the Kenai Peninsula
Borough Planning Commission.
ANALYSIS
The proposed subdivision meets the preliminary plat requirements and development
requirements for the Rural Residential (RR) zoning district. The subdivided lots will have access
via Silver Salmon Drive, which is not a City -maintained road. City water and sewer lines are not
available to the proposed subdivision. The proposed subdivision will be subject to the
requirements of the Alaska Department of Environmental Conservation (ADEC) for on -site water
and wastewater systems. An installation agreement is not required.
Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code
(KMC) sections.
1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the
minimum street widths, easements are sufficiently provided for utilities, the proposed
subdivision would provide satisfactory and desirable building site, and the on -site water
and wastewater system will be subject to the regulatory requirements of ADEC.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed lots meet City
standards for minimum lot sizes in the subject zoning district.
3. Pursuant to KMC 14.24.020 General Requirements, the proposed lots meet City
standards for minimum lot width and utility easements. Compliance with the maximum lot
coverage, maximum height, and setbacks will be reviewed during the building permit
review.
STAFF RECOMMENDATION
Staff finds that the proposed preliminary plat for Oberts Silver Salmon Subdivision meets the
general standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations and Chapter
14.24 Development Requirements Table, and hereby recommends that the Planning and Zoning
Commission recommends approval of Resolution No. PZ2023-12 to Kenai Peninsula Borough,
subject to the following conditions.
1. Revised Note 2 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF
KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS".
2. Place the following note on the plat: "WHEN AN IMPROVEMENT DISTRICT IS
FORMED, THE REAL PROPERTY OWNER INVOLVED WILL BE PART OF THE
IMPROVEMENT DISTRICT WITHOUT FURTHER ACTION BY THE THEN OWNER OF
Resolution No. PZ2023-12
Preliminary Plat
Oberts Silver Salmon Subdivision
THE PROPERTY IN QUESTION."
3. Show and label any areas within the flood zone and floodway with the base flood
elevations (BFEs) found on the FEMA Flood Insurance Rate Map (FIRM) Panel
0200122045C, effective on December 6, 1999 on the plat.
4. Place the following note on the plat: "PRIOR TO DEVELOPMENT, CONTACT THE CITY
OF KENAI FLOODPLAIN ADMINISTRATOR FOR CURRENT INFORMATION AND
REGULATIONS. DEVELOPMENT MUST COMPLY WITH CHAPTER 14.30 OF KENAI
MUNICIPAL CODE."
ATTACHMENTS
Aerial Map
Application with Certificate of Plat
Preliminary Plat, Oberts Silver Salmon Subdivision
Resolution No. PZ2023-12
Preliminary Plat
Oberts Silver Salmon Subdivision
7/
KENAI
PRELIMINARY PLAT
Resolution No. PZ2023-12
4805 Silver Salmon Drive
KPB Parcel ID: 04937013
Date Nrirkted, 7/712023
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 250 500 1,000 Feet
A I I I I I I I I I
1/ Preliminary Plat
Submittal Farm
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
99611
Kenai, 28 8
tao7) a-200200
planning a@kenai.city
www.kenai.citylplanning
Name: McLane Consulting
Mailing Address:
PO BOX 468
City.
Soldotna
State:
AK
I Zip Code: 199669
Phone Number(s):
907-283-4218
Email:
JWALL@MCLANECG.COM
Name:
Nathan Oberts & Jesse Oberts
Mailing Address:
PO BOX 77
City:
KENAI
State: LAK
I Zip Code:
199611
Phone Num_ ber(s):
Email:
Kenai Peninsula Borough Parcel 104937013 _
Current City Zoning:
RR
Use:
❑ Residential ❑ Recreational ❑ Commercial
@ Other. Conservation / Future Development
Water:
0 On Site ❑ City ❑ Community
Sewer
El On Site ❑ City ❑ Community
Preliminary Plat Name:
Obeds Silver Salmon Subdivision
Revised Preliminary Plat Name:
Vacation of Public Right -of -Way:
❑ Yes B No
Street Name (if vacating ROW):
Exceptions Required and Requested:
Comments:
9 Certificate to Plat (1) 24" x 360 Plat (2)11" x 17" Plats
Signature:
Date:
Print Name:
Title/Business:
£ N. 3irJAY 5:rest, Snldr tna, Alashi• 9%69 • (407) 714-2200 • ro07) 7144378 Fax
PRELIMINARY PLAT SUBMITTAL FORM
A PRELIMINARY PLAT o REVISED PRELIMINARY PLAT leo fm mquirdl o PHASED PRE.UMti1WRY PLAT
d PRELIMINARY PLAT FOR PRIVATE STREETSIGATED SUBDIVISION — Orro the mis cf d xrpftr2q ersRndlaa
2n Jn MO ond2&W q9j* end euetee OWL
SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistanceif needed,
rObarts Silver Salmon Subdivision
Legal description: GoVt Lot 10 8 Portion of NE114SE114 Sedion T, T6N, R10W, SM AK
Section:7 Township:5N Range: 1DW, SNEAK
General area description giver Salmon Drive and Kenai Spur Hwy
City (if applicable): Kenai Total Acreage:33.658
SURVEYOR
Componyr_ McLane Consulting, Inc. Contact Person James Hell
Mar7fng Address: PO BOX 466 City, Soft Zip Soldofna, AK 99509
Phone: 007-283.4218 e-ma1bjha#QmcIanacg.aorn
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER: A on site o City a community WATER: A an site o 6ty o community
SUBMITTAL RED311REMENTS
A iiTIfLISUflifxj__ _ . r -117 ff <...y ::. __ • •r
At—fugsi:epaper copy y
A 3 —reduced sired drawing Ill x 171
A Pre iminary plat NgbLW-.t1NDABLEsubmittal fee$},q(j
A City Planning tbmmission minutes when located within city limits or Bridge Crook watershed Wnsrrid
A Certificate to plat forte parcels Included In the subdhrisinn
riDocumentation showingproofofslgns ryauthority(partnerships,corporations, estates, trusts, etc.)
A ALL requirements of KPB 20.25A70 (seepage 2 for chaddlist) and KPB 20.25.OB0
EXCEPTIONS REQUESTED TO PLATTING LODE: Cnmplese theDaTFf1ON REQUEST APPLICATON and attach to
theprellmltmry plat submittal.
APPUCANt: SIGNATURES OF ALL. LEGAL PROP€RTY OWNERS ARE REQUIRM AddRicmal sler ature
sheets can be attached. When, signing on behalf of another lmdividual, estate, corporation, LLC,
partnership, etc., dommentationls required to show authority of the Individual(s)signing. Contact KPB
staff for clarification if needed. .
Phone:
Name (printed):
Phone;
RECEIVED BY
e-mail;
Signature:
e-ma'it:
FOR OFFICE USE ONLY
DATE SUBMITTED— KPB FILE q
Stewart Iritle of the Xenai (Peninsufa, Ins.
35681 Kenai Spur Hwy., Unit B
Soldotna, AK 99669
Tel: (907) 260-8031 Fax: (907) 260-8036
CERTIFICATE TO PLAT
McLane Consulting, Inc.
PO Box 468
Soldotna, AK 99669
Attention: James Hall
Gentlemen:
This is a certificate as of May 10, 2023 at 8.00 A.M. for a plat out of the following property:
File Number: 23103
Premium: $250.00
Tax:
Government Lot Ten (10) and that portion of the Northeast one -quarter of the Southeast on"uarter
(NE114SE114) lying West of Silver Salmon Drive, in Section 7, Township 5 North, Range 10 West, Seward
Meridian, Kenai Recording District, Third Judicial District, State of Alaska.
The Company certifies that record title is vested in
Nathan T. Oberts, an unmarried man and Jesse S. Oberts, an unmarried man
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, and/or acts authorizing the issuance
thereof.
2. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to
the State of Alaska
Recorded: September 27, 1982
Volume/Page: 1941781
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated:
Taxing Authority: KENAI PENINSULA BOROUGH
4. RIGHTS OF THE PUBLIC and or governmental agencies in and to that portion of said premises lying
below the mean high water mark of Kenai River and creek and any questions of right of access to the
water in the event said lands do not in fact abut the water.
S. ANY PROHIBITION OR LIMITATION on the use, occupancy or improvement of the land resulting from the
rights of the public or riparian owners to use any waters which may cover the land or to use any portion of
the land which is now or may formerly have been covered by water.
6. RIGHTS OF THE PUBLIC and or government agencies to any portion of the land included within the
boundaries of Silver Salmon Drive and any other roads.
7. JUDGMENT for the amount herein stated and for any other amounts due under the conditions therein:
Creditor:
Denali Alaskan Federal Credit Union
Debtor:
Jesse S. Oberts
Amount:
$7,380.66
Dated:
June 30, 2015
Recorded:
July 28, 2015
Certificate to Plat K131 File No.: 23103
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