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HomeMy WebLinkAboutResolution No. PZ2024-06K ENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-06 A RESOLUTION OPPOSING THE PRELIMINARY PLAT FOR MOMMSEN'S 2024 REPLAT. PROPERTY ADDRESSES: 1018 Third Street and 1019 Fourth Street LEGAL DESCRIPTIONS: Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat KPB PARCEL NUMBERS: 03913109 and 03913116 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc. on behalf of the property owners, Emmet F. Heidemann & Corinne Heidemann Revocable Trust Declaration And Kenai Peninsula Borough for a parcel merger of Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat; and, WHEREAS, the preliminary plat does not meet the Kenai Municipal Code (KMC) preliminary plat requirements; and, WHEREAS, the preliminary plat does meet the development requirements for the Suburban Residential (RS) zoning district; and WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the merged lot will have access from Third Street or Fourth Street, unimproved rights - of -way; and WHEREAS, City water and sewer lines are available to the lot; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds the proposed preliminary plat does not meet all of the following Title 14 of Kenai Municipal Code (KMC) sections: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat does not conform to the requirements outlined in subsections (e)(1) and (e)(2) KMC 14.10:070(e) Lots as follows. (e) Lots. (1) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development. Resolution No. PZ2024-06 Page 2 of 3 (2) All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided. The preliminary plat would merge two (2) lots and create a double frontage lot. The above - mentioned code section does not prohibit a double frontage lot as there are circumstances, where a double frontage lot may be supported to either provide additional access or the topography creates a hardship in developing the lot. Approximately two- thirds (2/3) of Fourth Street right-of-way is undeveloped and no building permits have been issued for a dwelling unit on the west side of Fourth Street. Approximately two-thirds (2/3) of Third Street is a gravel road with only two (2) properties having legally constructed dwelling units. City water lines runs between the proposed lots to be merged. The nearest sewer line is approximately 450 feet away. It is beyond the 200 feet distance, where connection to the City's sewer system is required. The development of a dwelling unit on the subject lot merger along Third Street and Fourth Street would require a septic system and access improvements unless the City creates an improvement district and assess each lot accordingly. The existing lot sizes of the proposed lots to be merged are sufficient to be developed as -is. The lot merger would create a double frontage lot but also have a 20-foot utility easement down the middle of the proposed lot merger due to the existing water line, which makes the buildable area limited to either side of the utility easements. Furthermore, a double frontage lot off Third Street and Fourth Street would create an inconsistent street frontage of development along Third Street and Fourth Street. With a double frontage lot, a dwelling unit can be situated along Third Street or Fourth Street. The development of the block face along Third Street or Fourth Street can either be dwelling units or rear yards. There are several property owners who owns a lot on Third Street and Fourth Street and this may set a precedence on mergers and create double frontage lots in this neighborhood and potentially change the character of the future development of these two (2) block faces along Third Street and Fourth Street between Redoubt Avenue and Florida Avenue. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is eliminating a lot line with the 20-foot utility easement to remain down the center of the lot merger for the existing water line. In the Mommsen's Additions No's 1 & 2 Replat, there is a note about assessment that all lots in each subdivision shall be subject to the assessment for any of the improvements of water, sewer, sidewalks, or drainage, when installed at a future time by the City of Kenai or the developer. Therefore, an installation agreement is not required. 3. 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. 4. 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Resolution No. PZ2024-06 Page 3 of 3 Section 1. That the preliminary plat of Mommsen's 2024 Replat for a lot merger of Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat be denied as it does not meet all of the requirements of KMC Section 14.10.070 Subdivision Design Standards. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 13T" DAY OF MARCH, 2024. 4�- W-� - - J TEAD, CHAT SON ATTEST: Meghan Thibodeau, Deputy City Clerk x = o = a — — — — — — — — — — — — — — — — R �T 0-08 Z 8 ° 5 .. 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QQ fN z w pxpxpzm p O �p pY Oy =V'ml9�o n Q..x a V aW W I �W¢ pOiM�p Np ec to x O ¢ 5� LL�z2�Q oococ V W Wu�x ��c� O Z' ��.BWZWz O ¢GoS�az?aaaa O ' n Z r r nr z z Cz olo ^aa p °�oWY Wa o i Z =c�zu3 MIL 3.00�0O.00N / hS �i� i ~ �0 c� r"gzz o Z WSizNai z F- GFaxu o� xW Q �cm ioao i w �aa�c a3� W9 0 to ao d F�sog�N c io �io �'oz 5 ao cW = T`�oW�n� x V i J ¢,O„� Z �mizr0 zc� �w M/ZI ,09 15 4'dIH1 oa"Q a2' �i� E a O°3ouoa� °sq O o x ��o_ z��^ d� O dz a.�g a0z V o i �� w 3�z iil-^ oW so aw ia��xWu ft; 0 9 �aLL Oz V pmi EOWpz xwo } 3 p -------------- g4 �Wz W LL x6x zy O c �0 — — w ao� wla5 Ws Ozo Sz$W�� tH W LLW so w FW�g,Wm O c ih Q a:6 O 3d= z3O oPi u �a V _u r,2o .o pa fY.Z STAFF REPORT PLANNING &ZONING DEPARTMENT K I � .'I - `, TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: March 8, 2024 SUBJECT: Resolution No. PZ2024-06 — Preliminary Plat — Mommsen's 2024 Replat Request The applicant is proposing a preliminary plat to merge two (2) lots. Staff Adopt Resolution No. PZ2024-06 recommending denial of Preliminary Recommendation Plat — Mommsen's 2024 Replat for lot merger of Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat Applicant: McLane Consulting, Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 Property Owners: Emmet F. Heidemann & Corinne Heidemann Revocable Trust Declaration Kenai Peninsula Borough Legal Descriptions: Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat Property Addresses: 1018 Third Street 1019 Fourth Street KPB Parcel Nos.: 03913109 and 03913116 Combined Area: 0.517 acre Zoning District: Suburban Residential (IRS) Surrounding Uses: North —Vacant; South — Vacant; West — Single -Family Dwelling; East — Vacant SUMMARY The City received a preliminary plat from McLane Consulting, Inc. on behalf of the property owners for a parcel merger of Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat. The subject parcels are located near the north intersections of Florida Avenue and Third Street, and Florida Avenue and Fourth Street. Both lots are vacant. The proposed lot merger will be adjacent to a single-family dwelling to the west and vacant lots. The lot area for the combined lots would be approximately 0.517 acre. 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 design and layout of all subdivisions shall conform with the requirements of KMC Section 14.10.070 Subdivision Design Standards. ANALYSIS The proposed lot merger does not generally meet the subdivision design standards when it comes to the lot design as outlined in subsections (e)(1) and (e)(2) KMC 14.10.070(e) Lots, as follows. (e) Lots. (1) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surroungLnq development. (2) All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided. The preliminary plat would merge two (2) lots and create a double frontage lot. The above - mentioned code section does not prohibit a double frontage lot as there are circumstances, where a double frontage lot may be supported to either provide additional access or the topography creates a hardship in developing the lot. Approximately two-thirds (2/3) of Fourth Street right-of- way is undeveloped and no building permits have been issued for a dwelling unit on the west side of Fourth Street. Approximately two-thirds (2/3) of Third Street is a gravel road with only two (2) properties having legally constructed dwelling units. City water lines runs between the proposed lots to be merged as shown in Figure 1 on the next page. The nearest sewer line is approximately 450 feet away. It is beyond the 200 feet distance, where connection to the City's sewer system is required. The development of a dwelling unit on the subject lot merger along Third Street and Fourth Street would require a septic system and access improvements unless the City creates an improvement district and assess each lot accordingly. Staff finds that the existing lot sizes of the proposed lots to be merged are sufficient to be developed as -is. The lot merger would create a double frontage lot but also have a 20-foot utility easement down the middle of the proposed lot merger due to the existing water line, which makes the buildable area limited to either side of the utility easements. Furthermore, staff finds that a double frontage lot off Third Street and Fourth Street would create an inconsistent street frontage of development along Third Street and Fourth Street. With a double frontage lot, a dwelling unit can be situated along Third Street or Fourth Street. The development of the block face along Third Street or Fourth Street can either be dwelling units or rear yards. There are several property owners who owns a lot on Third Street and Fourth Street and this may set a precedence on mergers and create double frontage lots in this neighborhood and potentially Resolution No. PZ2024-06 Preliminary Plat Mommsen's 2024 Replat Page 2 of 4 change the character of the future development of these two (2) block faces along Third Street and Fourth Street between Redoubt Avenue and Florida Avenue. Subject Propas IO Parcels Sewer Lateral Lines �aosed Opened +� Water Main Lines --� Water Lateral Lines Sewer Lines One of the property owners of the lot merger, Emmet F. Heidemann & Corinne Heidemann Revocable Trust Declaration owns four (4) contiguous properties south the subject lot, 1018 Third Street. A parcel merger for lots along the same street frontage would maintain the streetscape of the neighborhood and increase the lot size. The lot merger would not provide usable access along Fourth Street since it would need to be improved. Staff finds the lot merger would create a variation that will not result in a better street or lot layout. Therefore, staff finds that the proposed preliminary plat to merger Lot 2 Block 4 and Lot 2 Block 3, Mommsen's Additions No's 1 & 2 Replat does not conform with the requirements of subsections (e)(1) and (e)(2) KMC 14.10.070(e) Lots. Staff finds that the proposed preliminary plat does not meet all of the following Title 14 of Kenai Municipal Code (KMC) sections. 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat does not conform to the requirements outlined in subsections (e)(1) and (e)(2) KMC 14.10.070(e) Lots. Resolution No. PZ2024-06 Preliminary Plat Mommsen's 2024 Replat Page 3 of 4 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is eliminating a lot line with the 20-foot utility easement to remain down the center of the lot merger for the existing water line. In the Mommsen's Additions No's 1 & 2 Replat, there is a note about assessment that all lots in each subdivision shall be subject to the assessment for any of the improvements of water, sewer, sidewalks, or drainage, when installed at a future time by the City of Kenai or the developer. Therefore, an installation agreement is not required. 3. 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. 4. 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. STAt-F RECOMMENDATION Staff finds that the proposed preliminary plat for Mommsen's 2024 Replat to merge Lot 2 Block 4 and Lot 2 Block 4 of Mommsen's Additions Nos 1 & 2 Replat does not meet all of the requirements of KMC Section 14.10.070 Subdivision Design Standards, and hereby recommends that the Planning and Zoning Commission recommends denial of Resolution No. PZ2024-06 to Kenai Peninsula Borough. ATTACHMENTS Aerial Map Preliminary Plat, Mommsen's 2024 Replat Application with Certificate of Plat Mommsen's Additions No's 1 & 2 Replat Resolution No. PZ2024-06 Preliminary Plat Mommsen's 2024 Replat Page 4 of 4 OF KENAI PZ2024-06 - Preliminary Plat Mommsen's 2024 Replat 1018 Third St. and 1019 Fourth St. Wrr JL_ - Map for Reference Only NOT A LEGAL DOCUMENT Subject Properties [� Parcels Zoning Rural Residential Suburban Residential Urban Residential Recreational 0 125 250 500 Feet x = " e --------------- a o a '�' a o _N �m 22g�g �W i z° x Q o Gib x a Oa '" g M/� .09 1S HI'd /10J Z�m ?� N@= MTTH ���� N o� m z Q a �� o MZTN u �T*. •�h+ f ~per it, a otx 'fi g o 0 ~ r ,ao-sL 3.00,oa.aos 1 ` z i z zo N — — �: 'gym mo ham:. o Z x 0 s o zg � as 0 o i C is o Z ^ u cu OG o C FY rY �z gN N O <y u p m0 O Ozz K �a O WI z 8 8 u3g .2 I 32 d H o V g g zQf"J .� ao O J ry Q I� go SI TV 4 -1-I----- AZ .00'ols l 3.00a0.005 / 3mn 101 M3WtlOi um Oa zgm° zgW zap 'a w zcza o- - wm a p ? aJma 8 az=Ga ZymiH �I 3 °eWm gig!Z s' z c$ is 6s:ate m� o = ZF:a�i;r a U IS a�Qy4W$� ouon i� W W W= n i z F w Ig x x m j V B. 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Del Box 488 Iftcidoina Ahmka 996 -- r (907) 2834218 fax (907) 283.3265 To: City of Kenai Planning Department 210 FkWgo Ave _ Kenai, AK 99611 DATE: _1A23�207A JOB # 242004 AT MnON: Planning DepL RE: Mornatsen's 207,4 Re�rlat " Prelim -Plitt From: James Hall We are sending you: © Attached ❑ Under separate Cover Via: Email Copies Dews on 1 Plat City of Kenai. / KPB Submittal Form 1 Fmbminan, Plat - Full Scale Preliminary Plat -11X17 2 1 Certificate to Plat Reason for Transmittal Checked Below: ® FOR APPROVAL ❑ As REQUESTED ❑ APPROVED As SUBMITTED ❑ REVIEW/COMMENT IN FOR YOUR USE ❑ APPROVED As NOTED ❑ RETURNED FOR CORREC"ONS Remarks: Copy to: - File Signed: _ aMeS Stewart Titre of the 7(enai 4Deninsu&; Inc. 35681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260.8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT McLane Consulting, Inc. File Number PO Box 46$Premium: Soldotna, AK 99669 Tax: Attention: James Hal Gentlemen: This is a certificate as of December 15, 2023 at 8:00 A.M. for a plat out of the following properly: PARCEL 1: Lot Two (2), Block Four (4), MOMMSEN'S ADDITION NO. 1, REPLAT OFADDITION NOS. 1 AND 2, according to Plat No. K-1355, Kenai Recording District, Third Judicial District, State of Alaska. PARCEL 2: Lot Two (2), Block Three (3), MOMMSEN'S ADDITION NO. 2, REPLAT OF MOMMSEN'S ADDITION NOS.1 AND 2, according to Plat No. K-1355, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record We is vested in Emmet F. Hetdemann & Corinne Heidemann Revocable Trust Declaration dated October 7, 2005, as to Parcel 1 and Kenai Peninsula Borough, an Alaska municipal corporation as to Parcel 2 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. TAXES AND,ASSESSMENTS, N any due the taxing authority indicated Taxing Authority: City of Kenai 3_ TAXES AND ASSESSMENTS, tf any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and dear shrubbery: Recorded: June 5, 19M Volume/Page: Misc. 2134 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 Book 11 at Page 188. 5. EASEMENTS, SET43ACKS AND DEDICATIONS as delineated on Plat No. K-1355. EFFECT of the notes on said Plat No. K-1355. B. 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. Certificate to Plat K131 File No.: 236M Recorded: April 3, 1964 Volume/Page: 13148 AND AMENDMENTS thereto: Recorded: May 23, 1966 Volume/Page: 22M2 Recorded: June 10, 1966 Volume/Page: 22/146 Recorded: September 16, 1966 Volume/Page: 231200 Recorded: June 24, 1975 Volume/Page: 85/364 7. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: April 19; 1966 Volume/Page: 38/112 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Stewart Title of the Kenai Peninsula, Inc. 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 KBi File No.: 236DO City 8f Kenal Planning and Zoning Department Preliminary Plat 210FidWgoAvenue Kenai, AK 99611 Submittal Form (907) 283.8200 - planningQkwaixity www lkamilcWplanning Name: Molar Consulting MaUhg Address: PO BOX 468 1 City: I Solna State: AK 1p Code: IMM (Phone Nurnber(s): M7-283-4118 I�ii: JHALL.®MCLANECG.COM Name: i-leidemam Wiaiilrrp Address: 101 B Third St [sty:I Kenai State: I AK lZip Code: I 99fi11 Phorm Number(s): Erroll: Kenal 1Penlrisula. Borough Parcel*. M913109 & 03913116 Current CityZoWng: SUBURBAN RESIDENTIAL Use: 19 Residential © Recr dbnal E3 Commend 13 Other: V%Wr: El to 8119 ® City © Community Sewer. 0 On Sb ■ City 0 Cornrnwity Prelirrvnary Plat Alamo: MOMMSEMS 2024 REPLAT Revised Prekdriary Plat Name: Vacation of Public Right-cf-Way. D Yes 9 No Street Name (d vacating ROW): Exceptions Required and Requested: Commentm e Certificate to Plat a (1) 2C x 36" Plat (2)11" x 17- Plats Sire: •-..�= , ' .....-w ._ Date: a Print Name: xs 4-4- '-wx /sar TltlelBusiness: Cky of Kenai Planning and Zoning Department Preliminary Plat 210PidalgoAverm Submittal Form Mj 22s3- •• pIanning®ken I dW N+ww iaenatoitylplanning "r � ter" . — Y. Name: McLane Consulting A billing Address: Po Box me 10ty. I Soldotne Stan: JAK IzippWa. loam Phone Numbegay 907-283.4218 _ Errlail: JHAUAMCLANEOMOOM - - Name: Heideman~ f Xa►M:,,,.►lYE ,�,�,► MaMog Address: 101 S Third St City: i4e nsI State: I AK ' Code: 99811 Phone Nun twr(s): s, .X" f*Cf 0077/ td Email- ,ewe Aw'.V1 Kenai Peninsula Borough Parcel 0- _ 03913109 S 03913118 Current City Zoning: SUBURBAN RESIDENTIAL_ - Usc 10 Residential I Recreational o Commercial O Other: Vvdw: ® On Site i9 CRY 0 Community Sawar. 13 On Site ■ City _ Community Preliminary Plat Name: MOMMSEMS 2024 REPLAT -- Revised Preliminary Plat Name: Vacation of Public Right -of -Way: E3 Yes ii No Street Name (if vacating ROM: 9xoepiions Required and Requested: Comments: ek C,4rtiticata to Plat (1) 24" x M fiat 8 (2) 1 v x 1r Plats — Sature - We: a Print Name: d« rr Tttle1Buslne%s: e'r C4a►BM �'A KfQ Comb AA0466A- z _ ptj mc C o a 1; 133ri1S 3 I 3 aasKI 3 _ .1 LI d �m - S d•�M N -i 11- -- - -- -- - -- -- - -- -- - -- -� a 0 Y 1- V P 3 - � _ 71• ( 4 _ n EE- - — 11-1 TIl � I fi,eJ�• I I I ..•. i i i ; I d � � Y i L6f S