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Home My WebLink AboutResolution No. PZ2023-15KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-15 A RESOLUTION RECOMMENDING THAT STRAWBERRY HILL ESTATES 2023 ADDITION PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESS: 801 Devray Street LEGAL DESCRIPTION: That certain parcel of land located in the South '/2 of the Southeast '/ lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73-6, 83-284, 75- 24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights -of - way of any and all public or private roads and highways. KPB PARCEL NUMBER: 04951027 WHEREAS, the City of Kenai received the plat from McLane Consulting, Inc. on behalf of the property owners, David Bunts and Tracey Bunts for the subdivision of the subject parcel into 13 lots with two (2) requested exceptions to the adjoining street systems and block length standards; and, WHEREAS, the plat generally meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district; and WHEREAS, the street names are referenced correctly; and, WHEREAS, the subdivided lots will have access via Wortham Avenue and Devray Street, which are not City -maintained roads; and WHEREAS, City water and sewer systems are 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, and on -site water system and wastewater treatment/disposal system will be subject to the regulatory requirements of ADEC. Resolution No. PZ2023-15 Page 2of2 2. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. 3. 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. 4. 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Strawberry Hill Estates 2023 Addition for the subdivision of the parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots be approved, subject to the follow conditions: 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights -of -way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". 4. Recommend Kenai City Council to approve the exception from the road improvement construction of Devray Street and requiring the subdivider include a covenant on the recorded plat that if 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 23RD DAY OF AUGUST, 2023. Je T , Chairperson ATTEST: tl��7� - Meghan Thibo eau, Deputy City Clerk 'VI STAFF REPORT PLANNING &ZONING DEPARTMENT KENAI TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: August 18, 2023 SUBJECT: Resolution No. PZ2023-15 — Preliminary Plat — Strawberry Hill Estates 2023 Addition Request The applicant is proposing a preliminary plat to subdivide one (1) parcel into 13 lots with two (2) requested exceptions to the adjoining street system and block length standards. Staff Adopt Resolution No. PZ2023-15 recommending approval of Recommendation Preliminary Plat — Strawberry Hill Estates 2023 Addition for the subdivision of a parcel described by metes and bounds into 13 lots, deny the requested exceptions, and approve the exceptions to connecting to City water and sewer systems. Applicant: McLane Consulting, Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 Property Owners: David Bunts and Tracey Bunts Legal Description: That certain parcel of land located in the South Y2 of the Southeast % lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73- 6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty Deed (Book 79 at Page 314) in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Further excepting therefrom, any portion within the rights -of -way of any and all public or private roads and highways. Property Address KPB Parcel No.: Lot Size Range: No. of Lots: 801 Devray Street 04951027 1.022 — 1.255 acres 13 Zoning District: Rural Residential (RR) Current Use: Vacant Proposed Use: Residential Surrounding Uses: North — Vacant Lots; South — Single -Family Residences; West — Vacant Lots; East — Vacant Lot and Single -Family Residences BACKGROUN The proposed preliminary plat would subdivide one (1) parcel located at 801 Devray Street (KPB Parcel No. 04951027) into 13 lots. The lot size ranges between 1.022 and 1.255 acres. The applicant has requested for two (2) exceptions to the Kenai Municipal Code (KMC) Subsections 14.10.070(a) relationship to Adjoining Street System and 14.10.070(d)(1) Blocks [Length]. 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. Furthermore, KMC Section 14.10.090 Variations and exceptions states that City Council may vary or modify such requirements in KMC Chapter 14.10 Subdivision Regulations so that the subdivider may develop their property in a reasonable manner, but at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. ANALYSIS The proposed subdivision meets the development requirements (i.e., lot size and lot width) for the Rural Residential (RR) zoning district. The proposed preliminary plat generally meets the subdivision design standards with the exceptions to the requested waivers. The proposed access is through the 60-foot right-of-way dedication to connect and continue Wortham Avenue from the west and intersect Strawberry Road to the south. Wortham Avenue is not a city -maintained road. The applicant is requesting to waive the 60-foot right-of-way dedication of Devray Street, which is not a City -maintained road. City water and sewer services are not available to the proposed lots. The proposed subdivision will be subject to the requirements of the Alaska Department of Environmental Conservation (ADEC) for water supply and on -site wastewater systems. The Public Works Director reviewed the proposed preliminary plat and had no comments. An installation agreement is not required. Lot Size The subdivision is located in the Rural Residential zoning district, which requires a minimum of lot size of 20,000 square feet. Each lot is in excess of one (1) acre; therefore, all 13 lots meet the minimum lot size for the subject zoning district. Lot Width The minimum lot width for the subject zoning district is 90 feet, which all 13 lots exceeds the minimum lot width. Adioining Street System and Block Len th Resolution No. PZ2023-15 Preliminary Plat Strawberry Hill Estates 2023 Addition KMC Subsection 14.10.070(a) states the arrangement of streets in the new subdivision shall make provisions for the continuation of the principal existing streets in adjoining areas. In the aforementioned subsection, it also states the street arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. The subject parcel abuts Devray Street (to the north and south), Wortham Avenue, and Strawberry Road. The applicant states that the extension of Wortham Avenue through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining lots from Kenai Spur Highway as the reason for the request to waive the 60-foot rights -of -way dedication for the continuation of Devray Street. In addition, the applicant states that not connecting Devray Street removes congestion potential of traffic backup on Strawberry Road onto Kenai Spur Highway. The waiver of the right-of-way dedication of Devray Street would require the waiver of exceeding the maximum block length of 1,400 linear feet by approximately ±300 linear feet. KMC Subsection 14.10.080(d)(1) states that no block shall be longer than 1,400 feet and where blocks are longer than 1,000 feet, a crosswalk at least 10 feet in width may be required near the center of the block. When requesting for variations and exceptions to the KMC Chapter 14.10 Subdivision Regulations, the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in the regulations would result in real difficulties, substantial hardship or injustice. Staff finds that the requirement of the 60-foot right-of-way dedication of Devray Street would not impose a substantial hardship or injustice. The right-of-way dedication would allow more convenient access from Kenai Spur Highway to the subject subdivision as well as several subdivisions to the north such as Three W's Subdivision Addition No. 1, Hornaday Property Survey, Strawberry Fields Forever Addition No. 2, and Strawberry Fields Forever Addition No. 3. With the requested exception, it would leave the existing dedicated Devray Street to have dead ends that do not meet the current standards, which shall terminate into an open space (preferable circular) having a minimum radius of 50 feet. Public Water and Sewer KMC Subsections 14.10.080(e) and (f), states that in subdivisions of 10 or more lots, an approved public water supply and sewer lines shall be provided/installed to serve each lot. This is not feasible as there are no City water and sewer connections in the surrounding area. Therefore, these standards require exceptions to the provisions. It would meet the intent for exceptions as it would cause a substantial hardship or burden on the development of this subdivision. Summary 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, and on -site water system and wastewater treatment/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. Resolution No. PZ2023-15 Preliminary Plat Strawberry Hill Estates 2023 Addition 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 does not find that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) section. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the dedicated right-of-way for the continuation of the existing streets in adjoining areas and maximum block length of 1,400 linear feet. The request for the exception could potentially remove traffic congestion in exchange for convenient and additional access to surrounding subdivisions. The requested exception does not demonstrate a substantial hardship or injustice. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Strawberry Hill Estates 2023 Addition generally 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. PZ2023-15 to Kenai Peninsula Borough, subject to the following conditions. 1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block length of 1,400 linear feet and waive the rights -of -way dedication of Devray Street. 2. Recommend Kenai City Council to approve the exceptions from connecting to City water and sewer systems. 3. Revised Note 4 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". ATTACHMENTS Aerial Map Application with Certificate of Plat Preliminary Plat, Strawberry Hill Estates 2023 Addition Resolution No. PZ2023-15 Preliminary Plat Strawberry Hill Estates 2023 Addition 11 CRY of Kama P Wnr*M and ZO*Q Depwftnenl Preliminary Plat 210 Fktatgn Aveme 1 Submittal Form 90ij 283.6200 planningownabdy wvrwksnei ahlpda�+rting •- Name: McLane Consulting Mailing Address: PO BOX 468 ICW. I Soldotna State: JAK JZIp Code: 199669 Phone Number(s): 907-283-4218 Email: JHALL@MCLANECG.COM PROPERTY OWNER Name: David & Tracey Bunts Mailing Address: PO BOX 226 City: I Sterling State: I AK JZip Code: 199672 Phone Number(s): Email: PROOtRTYINFORMATION Kenai Peninsula Borough Parcel #: 04951027 Current City Zoning: Rural Residential Use: EI Residential ❑ Recreational ❑ Commercial ❑ Other: Water: IM On Site ❑ City 17 Community Sewer El On Site ❑ City ❑ Community PLAT O• +r. Preliminary Plat Name: Strawberry Hill Estates 2023 Addition Revised Preliminary Plat Name: Vacation of Public Right -of -Way: ❑ Yes ® No Street Name (if vacating ROW): Exceptions Required and Requested: KPB 20.30.170 Block Length KPB 20.30.030(A) Street Layout Comments: Extension of Wortham Ave through the subdivision gives adequate access to all properties created and adjoining removing pressure to access adjoining tots from Kenai Spur Hwy. Not connecting Devray Street removes congestion potential of traffic backup on Strawberry Rd onto Kenai Spur Hwy. ® Certificate to Plat e (1) 24" x 36" Plat 0 (2)11" x 17" Plats Signature: Date: ter- -a02 Print Name:[Title/Business- i +`:.Ir" .. 4?v1) -- -- • (nn I'14•Z3.1b Fax PRELIMINARY INARY PLAT SUBMITTAL FORM B PREUMINARY PLAT ci REVISED PRELIMINARY PLAT (eotmreaukedl o PHASED PRELIMINARY PLAT o PRELIMINARY PLAT FOR PRIVATE STREETS/GATED SUBDIVISION—dliewdremelttgf chapter 24 wdudinp z9.3A2]0mrd XW apply wdmust be meL SUBDIVISION PLAT NAME: must be a unique name contact staff for assistance If needed. Strawberry Hill Esb"s 2023 Addition Legal description: SUBDIVISION OF (S112 SE114) EAST OF THE KSPUR HWY, S6. TISN, R1 oW, SM, AK EXCEFTING PLAT No. 73A $3.284, 75-24, 78-87, 72-83, W9, 84-111, WD B79, PG 314. KRD 5ection:6 Township: SIN Range: l OW General area description Strawberry Rd and Kenai Spur Hwy City (if applicable): Kenai Total Acreage,16.466 SI IRVFVnR Conhpony: McLane Consulting, Inc, Comm Person James Hall Moiling Address: PO BOX 468 City, Stag, ZipSoldoina. AK 99669 Phone.907-263-4218 e-moU:jhafl@mdanecg.com PROPOSED WASTEWATERAND WATER SUPPLY WASTEWATER: A on site D City o community WATER: f on site O City O communiity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available olat committee meetiol afar a ?*ten regivtd. 4 1—full size paper copy 4 3 —reduced sized drawing (12 x 271 2 Preliminarypiat NON-REFUNDABLEsuhmittal fee $400 Ir City Planning Commission minutes when braced within cRy limits or Bridge Creek watershed District 0 Certificate to plat for ALL parcels included in the subdivision ■ Documentation Showing proof of signatory authority (partnershipS,corporatiiins, estates, trusts, etc.) A AM requirements of KPB 2015.070 (see page 2 for checklist) and KPB 20.25.080 EXCEPTIONS REQUESTED TO PLATTING CODE: Complete the EXCEPTION REQUESTAPPLICATION and att x h to the preliminary plat submittal. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE RECJUIRED, Additional signature sheets can be attached. When signing on behalf of another Individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individuals) signing. Contact KPB staff for clarification If needed. Name (printed): I Phone: ^-A era.. - . _ A. I e-mail: E_ n . , _ _ _ u_ r I Phone: 9-07-3M- V Name (printed): Signature: Phone: e-mail: Name (printed): I Signature: Phone: e-mail- FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE q 4Gfi Stewart Vitle of the Kenai (Peninsu a, Ina 35681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 Amendment No.1: Change effective date CERTIFICATE T4 PLAT McLane Consulting, Inc. File Number: 21301 PO Box 468 Premium: $250.00 Soldotna, AK 99669 Tax: Attention: James Hall Gentlemen: This is a certificate as of July 06, 2023 at 8:00 A.M. for a plat out of the following property: That certain parcel of land located in the South one-half of the Southeast one -quarter (S1/2SE1/4) lying East of the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, in the records of the Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM: Hornaday Property Survey, according to Plat No. 73-6, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates, according to Plat No. 83-284, Kenai Recording District, Third Judicial District, State of Alaska; Tracts E and C Davidson Homestead, according to Plat No. 75-24, Kenai Recording District, Third Judicial District, State of Alaska; Tracts B-1 and F Davidson Homestead, according to Plat No. 78-87, Kenai Recording District, Third Judicial District, State of Alaska; Tract A Davidson Homestead, according to Plat No. 72-63, Kenai Recording District, Third Judicial District, State of Alaska; Strawberry Hill Estates Johnisee Addition, according to Plat No. 89-9, Kenai Recording District, Third Judicial District, State of Alaska; Myers/Strawberry Road Right of Way Map, according to Plat No. 84-111, Kenai Recording District, Third Judicial District, State of Alaska; That portion conveyed by Corrected Warranty Deed recorded August 23, 1974 in Book 79 at Page 314; FURTHER EXCEPTING THEREFROM, any portion lying within the rights -of -way of any and all public or private roads and highways. The Company certifies that record title is vested in David Bunts and Tracey Bunts 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. Certificate to Plat KB1 File No.: 21301 3. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 4. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 5. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: June 5, 1968 Volume/Page: Misc. 31 /124 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed Stewart Title of the Kenai Peninsula, Inc. By A L Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. CertiAcate to Plat KBi File No.: 21301 WIMP Et d=33075 ra Z <w z �o``e e7�xg oWp�� w H HH; F tmM; 5 I ® ° � •1 °tea,= �� :i� xs 8g ;y�ri E4� pl3da H, �h N2 tlQ Hui MISS M r --.-- —9xOLLJE—.-- — -- -- H L ` i9n[fAAos IJ' 1 \ 5 — —_--_ -ol r -- r I , ` so e �� \ `— m.admiAorl I ; i .ouwLos M/ld, 15 XVaE 3f]\__/ I1 — _ I ! 1 " / 1 1/ \ 2