The URL can be used to link to this page

Home My WebLink AboutResolution No. PZ2023-14KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-14 A RESOLUTION RECOMMENDING THAT SHORELINE HEIGHTS 2023 REPLAT PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 1540, 1541, and 1610 Pey Drive LEGAL DESCRIPTIONS: Tracts A, B, and C Shoreline Heights 2014 Addition Phase 1 (Plat No. KN 2015-24) KPB PARCEL NUMBERS: 03914131, -32, and -33 WHEREAS, the City of Kenai received the plat from Segesser Surveys Inc. on behalf of the property owner, Bryan Lowe; 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 Pey Drive, which is not a City -maintained road; and WHEREAS, City water is available and City sewer is not available to the proposed subdivision; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 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, on -site water system will be subject to the regulatory requirements of the Public Works Department, and wastewater treatment or disposal 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 Genera! Requirements, the proposed lots meet City standards for minimum lot width and utility easements. Compliance with the maximum lot Resolution No. PZ2023-14 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 Shoreline Heights 2023 Addition be approved. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26t' day of July, 2023. � W I JEF CHAIRPERSON ATTEST: L� Meghan Thibodeau, Deputy City Clerk m tu_g$ ;C I a m� � q6 �� p•e �f U•d8t 4 r K Ao Wit m B.i• of B.mn� PI°! 1.15-24 KRD / Hr�ovY3:M 1e5t54') � / Yn�?g\\ 4-1E- 92 �,: 4.1 yz SCE-' CO / / / Y9 `fix � p� �� r �6w • � `E° a &e� €g '€�gea;� ` ys'egg 7$a_ tgW 9Ug3o 6 62' rcEEt � � '^ �€ o �? S € �r 3( �s x 5 •; Y. S9 �- SIR-.v�_Ib� E' Ens$'• 6H 9ein s�.�' &I= a'- d5 z•s 3YSEs_ - r� aeg s : Jsr eE ` 3 � ohs sxE 1a��° E "T, c� _ � -{�� ' _� '��Y {�sW ",��'�• O aie 1lS�b ,saner `83a' H £ ge5a STAFF REPORT �. PLANNING &ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: July 21, 2023 SUBJECT: Resolution No. PZ2023-14 — Preliminary Plat — Shoreline Heights 2023 Addition Request The applicant is proposing a preliminary plat to subdivide three (3) parcels into 17 lots. Staff Adopt Resolution No. PZ2023-14 recommending approval of Recommendation Preliminary Plat — Shoreline Heights 2023 Addition for the subdivision of Tracts A, B, and C, Shoreline Heights 2014 Addition Phase 1 into 17 lots. Applicant: Segesser Surveys Inc Attn: John Segesser 30485 Rosland Street Soldotna, AK 99669 Property Owner: Bryan Lowe Legal Descriptions: Tracts A, B, and C Shoreline Heights 2014 Addition Phase 1 (Plat No. KN 2015-24) Property Addresses: 1540, 1541, and 1610 Pey Drive KPB Parcel Nos.: 03914131, -32, and -33 Lot Size Range: 0.556 — 1.376 acres No. of Lots: 17 Zoning District: Rural Residential (RR) Surrounding Uses: North — Vacant; South — Single -Family Residences; West — Cook Inlet; East — Vacant Lots, Single -Family Residence, and Marijuana Manufacturing Establishment SUMMARY The proposed preliminary plat would subdivide three (3) parcels described as of Tracts A, B, and C, Shoreline Heights 2014 Addition Phase 1 (Plat No. KN 2015-24) into 17 lots. The lot size ranges between 0.556 and 1.376 acres. Access would be restricted to Pey Drive as Ninilchick Drive and Ninilchik Circle will not be improved. Kenai Municipal Code (KMC) 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. The proposed subdivision meets the preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district with the exception of KMC 14.10.070(e)(2) regarding double frontage lots shall be avoided. Lots 42-46 will have double frontage off Pey Drive and Ninilchick Circle and prohibiting the double frontage lots would land lot lots to the west of this proposed subdivision. Overall, the preliminary plat generally meets the lot design standards. The subdivided lots will have access via Pey Drive, which is not a City - maintained road. City water services are available to the proposed lots. The proposed subdivision will be subject to the requirements of the Alaska Department of Environmental Conservation (ADEC) for on -site wastewater systems. The Public Works Director reviewed the proposed preliminary plat and had no comments. An installation agreement is not required. Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections. 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, on -site water system will be subject to the regulatory requirements of the Public Works Department, and wastewater treatment or disposal system will be subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning district. 3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel 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 Shoreline Heights 2023 Addition 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. PZ2023-14 to Kenai Peninsula Borough. Resolution No. PZ2023-14 Preliminary Plat Shoreline Heights 2023 Addition Page 2 of 3 ATTACHMENTS _ Aerial Map ~ Application with Certificate of Plat Preliminary Plat, Shoreline Heights 2023 Addition Shoreline Heights 2014 Addition Phase 1 (Plat No. KN 2015-24) Resolution No. PZ2023-14 Preliminary Plat Shoreline Heights 2023 Addition Page 3 of 3 f Preliminary Plat - Shoreline Heights 2023 Addition Resolution No. PZ2023-14 Tracts A, B, C, Shoreline Height 2014 Addn. Phase 1 KENAI 1540, 1541, and 1610 Pey Drive N Map for Reference Only NOT A LEGAL DOCUMENT 0 125 250 500 Feet Q Subject Parcels Parcels [late Nnted: 7/21/2023 RECEIVED CITY OF KENAI �� 1z3 ' DATE `n ry Plat A NING DEPAR`f I Form _ city of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283.8200 plan ning@kenai.city www.kenal.city/planning Name: Segesser Surveys Inc Mailing Address: 30485 Rosland St City: Soldotna I State: JAK I Zip Code: 199669 Phone Number(s): 907-262-3909, 907-252-3421 Email: seggy@ptialaska.net Name: Bryan Lowe Mailing Address: 1529 Pey Dr. City IKenai State: JAK IZip Code: 199611 Phone Number(s): Email: Property Owner Name: Tracts A, B, and C KN 2015-24 Current City Zoning: Use: iJ Residential ❑ Recreational ❑ Commercial ❑ Other: Water: P1 On Site a City ❑ Community Sewer: I ❑ On Site ❑ City ❑ Community Preliminary Plat Name: Shoreline Heights 2023 Addion Revised Preliminary Plat Name: Vacation of Public Right -of -Way: ❑ Yes ❑ No Street Name (if vacating ROW): Exceptions Required and Requested: Comments: P Certificate to Plat „ (1) 24' x 36" Plat a (2)11" x 17" Plats Signature: Date: % Print Name: lJohritegesser Title/Business: ISegesser Surveys Inc Stewart Title of the Kenai (Peninsula, Inc. 36681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT Segesser Surveys, Inc. 30485 Rosland Soldotna, AK 99669 Attention: John Segesser Gentlemen: This is a certificate as of May 18, 2023 at 8:00 A.M. for a plat out of the following property: File Number: 23117 Premium: $250.00 Tax: Tracts "A", "B" and "C", SHORELINE HEIGHTS 2014 ADDITION PHASE 1, according to Plat No. 2015-24, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in Bryan R. Lowe 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 State of Alaska Patent, and/or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. 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. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to the State of Alaska Dated: May 14, 1965 Recorded: May 24, 1965 Volume/Page: 33/74 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 4. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 5. RIGHTS OF THE PUBLIC and or governmental agencies in and to that portion of said premises lying below the mean high water mark of Cook Inlet and any questions of right of access to Cook Inlet in the event said lands do not in fact abut Cook Inlet. 6. 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. 7. ANY ADVERSE CLAIM based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. Certificate to Plat K61 File No.: 23117 8. ANY PREFERENCE RIGHTS which may exist under the Alaska Land Act, terms, provisions and reservations under the Submerged Lands Act (43 USCA 1301, 67 Stat. 29) and the enabling act (Public Law 85-508, 72 Stat. 339). 9. RIGHTS AND EASEMENTS of the United States over and across lands lying beneath Navigable Waters, Tide Lands necessary to its jurisdiction over Commerce, Navigation and Fisheries. 10. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: August 4, 1958 Volume/Page: 2/41 Granted To: Kenai Power Corporation Affects: General Easement, no definite location disclosed Assigned to the City of Kenai by Instrument recorded December 31, 1963 in Volume 11 at Page 188. 11. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: Gas transmission pipelines In Favor Of: Union oil Company of California Recorded: May 24, 1965 Volume/Page: 17/185 Partially Assigned to the Marathon Oil Company by Instrument recorded March 2, 1995 in Volume 459 at Page 905. 12. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: June 26, 1986 Volume/Page: 189/146 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed 13. EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto: For: Right of Way Recorded: March 20, 1987 Volume/Page: 307/179 14. EFFECT of the notes on said Plat No. 2015-24. 15. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 2015-24. 16. COVENANTS, CONDITIONS AND RESTRICTIONS, including the terms and provisions thereof, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such Covenant, condition or restriction violates 42 USC 3604 (c), as contained in an instrument: Recorded: June 22, 2015 Serial No.: 2015-005279-0 AND AMENDMENTS thereto: Recorded: March 22, 2016 Serial No.: 2016-002351-0 Recorded: May 20, 2020 Serial No.: 2020-004436-0 17. EASEMENT VACATION PLAT 2017-10. Stewart Title of the Kenai Peninsula, Inc. Certificate to Plat KBi File No.: 23117 By Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. Certificate to Plat KB1 File No.: 23117 .9 •• 1 Y bi ygyg{{ . N ' 11�I5_ x " Sr"r � sbaab � R zE b5�n�s LL a Rz wzg € b S 4,2 ad ' 6 lq. s ffi o C E q• go Jag ��t1e Nair �� 2� 9� �d b�ry � i erc xor 'z He Rviiw is I / 90 [j i m w PP �uj x lop C a e l G OO `aYjt'Y � l " 1 600 ba r PI @@ �; Y_a. 12, R 1 a `•b" z4� zl g z O Q a ¢ 0 0 yyy 0 u Pli Gi 2, I I < t S U I�aa ' I^ Bea. of E..fin9 Pat 2 5-24 (rvoovz•orw iEei.sF•l 03 S s / / Y E !Za�3 A. Ica E% a.°�o 5E8'�e o¢ .i.-- ' o� SS . �r ;a66 £^• et=b � -p ii"F Q F°�< y 5 =�a�5 Ul 11111jT#; ;6.°° r a! .• lak1 .Td'�'a y®a��.` 1.�.....� O =i ba �., i� fi W S9 E6 ca °sZflE � $3 O g A fa. _If ELa Y €� .g ui" n'$eE eabe� a5go S�:o aT s s 4R.� rl_° ?a o C�l w mia god s= a _ .� .- ib . 3�° �836s = c 9S § .fill w| " §!A.. ® | -j | SA #,» •.. ) ! \ .■+a§r5tl,�!! { % / `«j\ §| j \■ § §\§