HomeMy WebLinkAboutResolution No. PZ2023-22KPNAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-22
A RESOLUTION RECOMMENDING THAT SPRUCEWOOD GLEN SUBDIVISION NO. 11
PRELIMINARY PLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: 99 W. Tern Avenue
101 W. Tern Avenue
10489 Kenai Spur Highway
LEGAL DESCRIPTIONS: Lot 2A and Tract F, Sprucewood Glen Subdivision No. 10
Tract F-1 B, Sprucewood Glen Subdivision No. 3
KPB PARCEL NUMBERS: 04705224, -38, and -41
WHEREAS, the City of Kenai received a preliminary plat from Edge Survey and Design, LLC on
behalf of the property owner, Three Bears Alaska, Inc. to replat Lot 2A and Tract F, Sprucewood
Glen Subdivision No. 10 and Tract F-1 B, Sprucewood Glen Subdivision No. 3; and,
WHEREAS, the preliminary plat, subject to the listed conditions, generally meets Kenai Municipal
Code (KMC) subdivision and development requirements for the General Commercial (CG) zoning
district; and,
WHEREAS, the existing street names are referenced correctly; and,
WHEREAS, the subdivided lots will have access via Kenai Spur Highway, a State -maintained
right-of-way and W. Tern Avenue, a City -maintained right-of-way; and,
WHEREAS, City water and sewer lines are available to the lots; 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 preliminary plat, subject to
the listed conditions, conforms to the minimum street widths, provides utilities/access
easements, provides satisfactory building sites, and the on -site water and sewer systems
will be subject to the regulatory requirements of the Public Works Department.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the subject zoning district.
3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City
standards for minimum lot width and access/utility easements. Compliance with the
Resolution No. PZ2023-22
Page 2 of 2
maximum lot coverage, maximum height, and setbacks will be reviewed during the
building permit review.
4. The existing convenience store with gas station and above ground fuel tanks meet the
setbacks and lot coverage. Therefore, the preliminary plat will not create any
nonconforming status with setbacks or lot coverage.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat for Sprucewood Glen Subdivision No. 11 to replat Lot 2A
and Tract F, Sprucewood Glen Subdivision No. 10 and Tract F-1 B, Sprucewood Glen Subdivision
No. 3 be approved subject to the following condition.
1. Correct the note reference for (R3) to "Sprucewood Glen Subdivision No. 2, Plat 84-305".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 27TH DAY OF DECEMBER, 2023.
/�d
JefFtAt, Chairperson
ATTEST:
Meghan Thibodea uty City Clerk
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STAFF REPORT
PLANNING &ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: December 21, 2023
SUBJECT: Resolution No. PZ2023-22 — Preliminary Plat — Sprucewood Glen
Subdivision No. 11
The applicant is proposing a preliminary plat to merge three (3) lots and
subdivide into two (2) lots.
Adopt Resolution No. PZ2023-22 recommending approval of
Preliminary Plat — Sprucewood Glen Subdivision No. 11 to replat Lot 2A
and Tract F, Sprucewood Glen Subdivision No. 10 and Tract F-1 B,
Sprucewood Glen Subdivision No. 3.
Applicant: Edge Survey and Design, LLC
Attn: Jason Young
PO Box 208
Kasilof, AK 99610
Property Owner: Three Bears Alaska, Inc.
Legal Descriptions: Lot 2A and Tract F, Sprucewood Glen Subdivision No. 10
Tract F-1 B, Sprucewood Glen Subdivision No. 3
Property Addresses: 99 W. Tern Avenue
101 W. Tern Avenue
10489 Kenai Spur Highway
KPB Parcel Nos.: 04705224, -38, and -41
Replat Total Area: 5.265 acres
Existing Uses: Convenience Store, Retention Basin and Vacant Lot
Zoning District: General Commercial (CG)
Surrounding Uses: North — Kenai Spur Highway, Restaurant, Hotel
South — Apartments, and W. Tern Avenue
West — Grocery Store, Medical Clinic, Automotive Retail
East — Vacant Lot
SUMMARY
The City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property
owner, Three Bears Alaska, Inc. for a replat of Lot 2A and Tract F, Sprucewood Glen Subdivision
No. 10 and Tract F-1 B, Sprucewood Glen Subdivision No. 3. The plat would merge three (3) lots
and subdivide into two (2) lots. The total area of the three (3) lots is 5.265 acres, which would be
subdivided into lot sizes of 2.914 acres and 2.350 acres. A convenience store with a gas station
was constructed within the last year on Lot 2A, Sprucewood Glen Subdivision No. 10. A retention
basin is situated on Tract F, Sprucewood Glen Subdivision No. 10 and the other lot is vacant.
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.
ANALYSIS
The proposed replat meets the subdivision and development requirements for the General
Commercial (CG) zoning district. The proposed lots will have access via Kenai Spur Highway, a
State -maintained right-of-way (ROW) and W. Tern Avenue, a City -maintained right-of-way. City
water and sewer lines are available to the proposed subdivision. An installation agreement is not
required since the adjacent ROWs are state/city-maintained and City water and sewer lines are
available to the proposed lots. The Public Works Director reviewed the proposed preliminary plat
and had no comments.
Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code
(KMC) sections and aligns with the intent of the Kenai Zoning Code.
1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to
the listed conditions, conforms to the minimum street widths, provides utilities/access
easements, provides satisfactory building sites, and the on -site water and sewer systems
will be subject to the regulatory requirements of the Public Works Department.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets
City standards for minimum lot size in the subject zoning district.
3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City
standards for minimum lot width and access/utility easements. Compliance with the
maximum lot coverage, maximum height, and setbacks will be reviewed during the
building permit review.
4. The existing convenience store with gas station and above ground fuel tanks meet the
setbacks and lot coverage. Therefore, the preliminary plat will not create any
nonconforming status with setbacks or lot coverage.
STAFF RECOMMENDATION
Staff finds that the preliminary plat for Sprucewood Glen Subdivision No. 11 to replat Lot 2A and
Tract F, Sprucewood Glen Subdivision No. 10 and Tract F-1 B, Sprucewood Glen Subdivision No.
3 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. PZ2023-22 to Kenai Peninsula
Borough, subject to the following condition.
Resolution No. PZ2023-22
Preliminary Plat
Sprucewood Glen Subdivision No. 11 Page 2 of 3
1. Correct the note reference for (R3) to "Sprucewood Glen Subdivision No. 2, Plat 84-305".
ATTACHMENTS
Location Map
Preliminary Plat, Sprucewood Glen Subdivision No. 11
Application with Certificate of Plat
Sprucewood Glen Subdivision No. 10
Sprucewood Glen Subdivision No. 3
Resolution No. PZ2023-22
Preliminary Plat
Sprucewood Glen Subdivision No. 11 Page 3 of 3
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Resolution PZ2023-22
Preliminary Plat
Sprucewood Glen Subdivision No. 11
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Date Printed: 12f22/2023
Map for Reference Only
NOT A LEGAL DOCUMENT
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Letter of Transmittal
Date. 11/06/2023
To:
City of Kenai Planning
Attn:
Address:
City..
state: zwI
Phones
Fronws
Edge Survey - Mark Aimonetti
BOUVET ANY DESION. I,LN
Job No..- 23-535
We are sending you:
Hand Delivery
We are sending you:
❑ Exhibits ❑ Plans
❑ Prints Maps
❑ Coples
❑ specifications
Re., SpruceWood'Glen Subdivision No.11
❑ Contrad/Change Order
These are Mmsmitted as Checked below: ❑ Other.
® For Approval ❑ For your use ❑ As requested ® For review/comment
Copres
Dsmcri 'on
i
full sized plat
3
211 x17 copies
I
Cert to Plat
1
KPB Plat Submittal Form wit signaftire
1
SCCrIetarVS Cert
1
Ciry of Kenai Plat submittal form
Commenlw
Updated Cart to Plat ordered l l/6t2023
Client signed KPB plat submittal farm, inchA4 but forgot to sign City of Kenai form.
C��P�
of
Ipy `3 ' Nola
PH: 907.344.9990 FX: 800.761.8502 8000 King Street, Anchorage, AK 99518 www.edgesurwey.net
SECRETARY'S CERTIFICATE
THE UNDERSIGNED, JU'LIE C. MORALES, DOES HEREBY CERTIFY as
follows:
1. She is the duly elected or appointed and acting Secretary and Vice President of
Three Bears Alaska, Inc., a corporation organized under the laws of the State of Alaska.
2. The resolutions authorizing borrowing ("Resolutions") were duly and regularly
adopted in all respects as required by Iaw on July 13, 2023. The undersigned further
certifies that said Resolutions and all of the certifications made therein are still in full
force and effect and none of said resolutions has been in anywise annulled, amended,
rescinded or revoked, and the same are in full force, and effect on the date hereof. The
following is the text of the Resolutions:
APPROVAL of AuTuoitmy To SUBDIVIDE PROPERTY IN KENAI, ALASKA
WHERz s, Three Bears Alaska, Inc. (the "Company") is in title to the property
legal described as Lot 2A and Tract F Spracewood Glen Subdivision No. 103 Plat 2010-
19 and Lot F-IB Sprucewood Glcnn Subdivision Number Three, Plat 82-240, both in the
Kenai Recording District (the "Property");
WmREAs, the Board decided it is in the best interests of the Company to
replat/subdivide the Property to facilitate future development;
WHEREAS, the governmental authority with the jurisdiction over the
replatingisubdivision requires a Company resolution showing who has the authority to
bind the Company regarding replatinglsubdivision mutters; and
WHEREAs, the Board desires to name certain officers with the authority to bind
the Company regarding replating/subdivision matters.
Now, TAEREFoRE, IT IS HEREBY
RESoLvED, effective as of the date hereof, the following officers have the
authority to sign an application to replat/application to subdivide the Property on behalf
of the Company, to apply for any other permits or licenses or governmental permissions
to facilitate the replat/subdivision of the Property, to enter into any agreement with any
governmental entity regarding the replatlsubdivision of the Property, and to bind the
Company on any issue between the Company and any governmental authority regarding
the replat/subdivisioA of the Property: (i) David A. Weisz, President; (11) Stephen D.
Mierop, Vice President; (iii) Paul D. Sonnenberg, Vice President; rv) Joan Tmvostino,
Vice President; and (v) Julie Morales, Vice President and Secretary (each of which is an
"Authorized Person").
SECRETARY'S CERTIFICATE
GtKEtiLkL AuTHORV NG REsoLVTionrs
RESOLVED FURTHER, that each Authorized Person be, and hereby is, authorized,
empowered and directed to do or cause to be done all sucb ads and things, to make,
execute and deliver, or cause to he made, executed and delivered, all documents in
the name and on behalf of the Company, and to pay all such fees, expenses and taxes,
as any Authorized Person may determine to be necessary, desirable, advisable or
appropriate to ef%ctuate the foregoing resolutions, the doing of such acts or things
and the making, execution and delivery of such other documents and the paying of
such fees, expenses and taxes to be conclusive evidence of such deteanination;
RESOLVED FURTHER, that each Authorized Person may authorizE any other
officer, employee or agent of, or legal counsel to, the Company or any of its
subsidiaries to take any and all actions and to execute and deliver any and all
certificates, documents, agreements and inset ments referred to in these resolutions in
place of or on behalf of such Authorized Person, with full power as if such
Authorized Person were taking such action himself or herself; and
RESOLVED FURTHER, that all instruments, documents, agreements, amendments
and certificates heretofore executed and/or delivered and any and all actions
heretofore taken by any officer or employee of the Company that would have been
authorized by the foregoing resolutions except that such actions were taken prior to
the adoption of such resolutions, be and hereby are approved, ratified and confirmed
in all respects as the act and deed of the Company, as applicable.
IN WITNESS WHEREOF, the undersigned has set his hand as of qb4 _ , 2423.
C
7ulie C- . Mo dent and. Secretary
SECRETARY'S CERTIFICATE
1M N. Rinkfey Street Sokiotna, A125ia 9%69 • (SZ7) 714-2200 •• ►0-37) 714-2378 Fax
PREI-IMINARY PLAT SUBMITTAL FORM
it PRELIMINARY PLAT o REVISED PREUNMNARY PLAT fuoke aqulny o PHASED PRELIMINARY PLAT
❑ PREUMINARY PLAT FOR Pawn STREETS/GATED SUBDIVISION — all reyedremeabofthwar2%exch iop
2AJ MMd22596 fyomfehatOMM
SUBDIVISION PLAT NAME: must be a uniq ue name, oantactstafffor assistance if needed.
Sprucawood Glen Subdivision No. 11
PROPERTY INFORMATION•
Legal description: Lot 2A and Tract F, Sprueewood Glen Subdivision No. ID, Plat 2010-019
and Tract F-1 B Sprucewood Glen Subdivision No. 3, Plat 85-24D
Section:32 I Township:SN I Range: I1W
General area description City of Kenai, Three Beers
City (if applicable): City of Kenai ) Total Acreage:5.27 I
! Company. -Edge Survey and Design
MoilMg Address: PO Bon 208
phone:967-283-9047
Garrtoct person: Jason Young
& State, Pip Kastiot, AK M10
eqndi,iman@edgesurvey.net
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER: O on site IS city o Community WATER: o on site S Clty o cornmurrty
SLIOMMAL REQUIREMENTS
�.___--- . _141�� DC schedsded tit!►..g�9P3ri3Y��.S.�L�QeS�lI��+P rn?�3f?��
A i—full size paper copy
B 3 —reduced sized drawing (11 z 17)
B Preliminary plat NOWREFUNlttal fee d
I CityPlarming Commission minutes when located within city limits or Bridge Creek Watershed District
A Cert#lcate to plat for ALL parcels Included In the subdivisian
AD ocumerrtatian showing proof of signatory authority (partnerships, corporations, estates, trusts, etcl
N ALL requirements of KPB 20.25.070 (see page Z for dtetklist) and KPB 20.25.080
EXCEPTIONS REQUESTED TO PLATTING CODE: Completethe EKCBnM REQUFSTAPPL ICATUN and attach to
the preBrrifty pl'dtwbrr ttaL
APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY MNERS ARE RE4LIM Additional Signature
sheets can be attached. When signing on behalf of another Individual, ate, corporation, LLCy
pa►tnemhip, eta:., documentation is raWred to show authority of the Individuals) signing. Contact KPB
staff fair clarl(kation if needed.
OWNER(ri)
Name(printed)1D%il� ti....B
1Oa1
Phone: 10 Z42,4 3 7.1. e' " j6 Jft►-' "titQIF rL°. G-A
Name (printmo: Signature:
Phone: a -mail:
Name (printed):
Signature:
Phone:
a-maM:
Name (printed):
Signature:
Phone:
a-malk
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED_ KPB FILE 4
..s7b RA
• /
!
Sill`
City of Kenai
Pianning and Zoning Department
210 FWalgo Avenue
Kenai. AK 99611
(907) 283-8200
ptanning@kenaix4
www. kenai. citytplanning
Name:
Edge Survey and Design
Availing Address:
PO Box 208
City:
Kasilof State:
AK
Zip Code:
j 99610
Phone Number(s):
907-283-9047
Email:
Name:
jason@edgesurvey.net
Three Bears Alaska Inc. - Joan Trevastino
Mailing Address:
7362 W. Parks Hwy I ity.
Wasilla
I State:
TAK
IZip Code: 199623
Phone Number(s):
907-942-4322
Email:
ioan@threebears.store
Kenai Peninsula Borough Parcel #:
104705238, 04705241 and 04705224
Current City Zoning:
General Commercial (GC)
❑ Residential ❑ Recreational U Commercial
❑ Other.
Use:
Water:
❑ On Site 8 City ❑ Community
Sewer: ❑ On Site H City ❑ Community
Preliminary Plat Name: Sprucewood Glen Subdivision No. 11
Revised Preliminary Plat Name:
Vacation of Public Right -of -Way:
❑ Yes 8 No
Street Name (if vacating ROW):
Exceptions
Required and Requested:
None a this time
Comments:
Certificate to Plat ® (1) 24" x 360 Plat d (2)11" x 17" Plats
Signature:
Date:
Print Name:
TtieBusiness:
Stewart Title Of the Kenai Peninsula, Inc.
35681 Kenai Spur Hwy., Unit B
Soldotna, AK 99669
Phone: (907) 260-8031 Fax: (907) 260-8036
Email:
CERTIFICATE T4 PLAT
Edge Survey and Design, LLC.
PO Box 208
Kasilof, AK 99610
Attention: Jason Young
Gentlemen:
This is a certificate as of June 16, 2023 at 8:00 AM. for a plat out of the following property:
File Number: 23188
Premium: $250.00
Tax:
PARCEL 1:
Tract "F" One "B" (F-1 B), SPRUCEWOOD GLEN SUBDIVISION, NO. 3, according to Plat No. 85-240, Kenai
Recording District, Third Judicial District, State of Alaska.
PARCEL 2:
Tract "F" and Lot Two "A' (2A), SPRUCEWOOD GLEN SUBDIVISION, NO. 10, according to Plat No. 2010-19,
Kenai Recording District, Third Judicial District, State of Alaska.
The Company certifies that record title is vested in
Three Bears Alaska, Inc., an Alaska corporation
an estate in fee simple, free from al 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 QUITCLAIM DEED, and/or acts authorizing the
issuance thereof:
Recorded: April20, 19B4
Volume/Page: 271303
and Deed of Release:
Recorded: December 12, 1983
Volume/page: 2251395.
3. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to
the State of Alaska
Recorded: September 17, 1986
Volume/Page: 296/347
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: City of Kenai
5. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated:
Taxing Authority: KENAI PENINSULA BOROUGH
Certificate to Plat KBI File No.: 23188
6. RESERVATION OF EASEMENT for highway purposes, and any assignments or uses thereof for
recreational, utility or other purposes, as disclosed by Public Land Order No. 601, dated August 10, 1949
and amended by Public Land Order No. 757, dated October 10, 1959; Public Land Order No. 1613, dated
April 7, 1958; and Department of the Interior Order No. 2665, dated October 16, 1951, Amendment No. 1
thereto, dated July 17, 1952 and Amendment No. 2 thereto, dated September 15, 1956, filed in the
Federal Register.
7. EASEMENT for electric lines or system andlor telephone lines together with right to enter, maintain, repair
and clear shrubbery:
Recorded: May 16, 1974
Volume/Page: 761960
Granted To: Homer Electric Association, Inc.
Affects: Blanket Easement
8. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 85 240.
9. EFFECT of the notes on said Plat No. 85-240.
10. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 2010-19.
l 1. EFFECT of the notes on said Plat No. 2010-19.
12. 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 USG 3604 (c), as contained in an instrument:
Recorded: June27, 1986
Volume/Page: 2891269
13. SHOPPING CENTER EASEMENT AGREEMENT, including the terms and conditions therein:
Recorded, June 27, 1966
Volume/Page: 2091273
AND AMENDMENT thereto:
Recorded: May 17, 2007
Serial No.: 2007-005097-0
14. NON -DISTURBANCE AGREEMENT, including the terms and conditions therein:
Recorded: June 27, 1986
VolumelPage: 20W83
15. SHOPPING CENTER EASEMENT AGREEMENT, including the terms and conditions therein.
Disclosed in Exhibit B In Instrument Recorded June 27, 1986
Volumelpage: 2891283
16, COVENANTS, CONDITIONS AND RESTRICTIONS AND EASEMENTS, 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: August 4, 1986
VolumelPage: 292/687
AND AMENDMENTS thereto:
Recorded: March 22, 2007
Serial No.: 2007-002955-0
Recorded: November 18, 2008
Serial No.: 2008-011867-0
Cer0cete to Plat I®1 Fie No.: 23185
Recorded: December 10, 2010
Serial No.: 2010-01109M
17. ACCESS AND PARKING EASEMENT affecting the portion of said prernises and for the purposes stated
herein, and incidental purposes thereto:
Recorded: May 8, 2001
Volume/Page: 608/387
18. EASEMENT AGREEMENT, Including the terms and conditions therein:
Recorded: November 18, 2008
Serial No.:. 2008-011868-0
19. 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 3804 (c), as contained in an instrument:
Recorded: April 29, 2010
Serial No.: 2010-003374-0
AND AMENDMENT thereto:
Recorded: Deeember2l, 2021
Serial No: 2021-013962-0
20. EASEMENT for electric lines or system and/or telephone lines togetherwith right to enter, maintain, repair
and clear shrubbery:
Recorded: October 13, 2022
Serial No.: 2022-008716-0
Granted To: Homer Electric Association, Inc.
Affects: portion of Lot 2A
Stewart Title of the Kenai Peninsula, Inc.
By
Aud�aeiead[a�p�lto
Terri Cotterell
Authorized Signator
NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance W38 upon notification
from surveyor.
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