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HomeMy WebLinkAboutResolution No. PZ2024-10K ENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-10 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THOMPSON PARK 2024 REPLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 4030, 4036, 4040 and 4050 Forget Me Not Road LEGAL DESCRIPTION: Lots 14, 15, 16 and 17, Block 5 of Thompson Park Subdivision KPB PARCEL NUMBERS: 04908414, -15, -16, -17 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc. on behalf of the property owners, Robert Reinhardt and Shannon Reinhardt (Lots 16 and 17) and John Reinhardt (Lots 14 and 15) for a replat of Lots 14, 15, 16, and 17, Block 5 of Thompson Park Subdivision; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed merged lots will have access off of Forget Me Not Road, which is a City -maintained road; and, WHEREAS, City water and sewer lines are available to the merged 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 conforms to the minimum street widths, provides utilities/access easements, provides a satisfactory and desirable building sites, and the on -site water and wastewater systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is eliminating lot lines and existing improvements are in place for the development of this replat. 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 RS zoning district. Resolution No. PZ2024-10 Page 2 of 2 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merging of Lots 14 and 15 will eliminate the nonconformity of the required side yard setbacks for the existing single-family dwelling. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Thompson Park 2024 Replat for a replat of Lots 14, 15, 16, and 17, Block 5 of Thompson Park Subdivision into two (2) lots to be approved. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF MAY, 2024- JQt hVRLSTEAD, CHAIRPERSON ATTEST: C_14/� Meghan Thibo eau, Deputy City Clerk 'Bl360L7-1) NG 4- - 1A___jKN77-7)-4252T /t... 395.23,^ S W FERN ST. 66' R/W n a� v1OO m �r g�O9�6 A I- o ---Nq 3 a= `gill p :P ��giTg Jms m� o I Y � � � � � c - NDo'a6•DD^w 222b4' �i � � � � � � � a5 �g�y D>Fm Z 6 - coo a9IN v m P ! e 5E n ��S a� m i �R 4N z Z _ _ _ _ __ _ i `071i EDRAEglO- v �a'� / aT FOWERtOT15 i^L� (l 1. n;�D F y A i p �Z 126.55, 3 p- aail 2 P to Luhlmi0 i� l ' � ap F z SWWDD'E 104A(P In / ~ a� s.� 4a 53Iv R�r \\ t�st\6 Sz rya 'yi �r r r, . EN g -AM asMp 3 S BIB, s(C--)-v ML 2 i . l� Sig 3� �n � 5 — - lag I! �— pi- g RILAW11 r. STAFF REPORT � PLANNING &ZONING DEPARTMENT 'A' TO: Planning and Zoning Commission THROUGH: Linda Mitchell, Planning Director FROM: Beth McDonald, Administrative Assistant DATE: May 22, 2024 SUBJECT: Resolution No. PZ2024-10 — Preliminary Plat — Thompson Park 2024 Replat Request The applicant is proposing a preliminary plat to replat Lots 14, 15, 16, and 17, Block 5 of Thompson Park Subdivision. Staff Adopt Resolution No. PZ2024-10 recommending approval of Recommendatic Preliminary Plat — Thompson Park 2024 Replat for a replat of four (4) lots into two (2) lots. Applicant: McLane Consulting, Inc. Attn: James Hall P.O. Box 468 Soldotna, AK 99669 Property Owners: Robert Reinhardt and Shannon Reinhardt (Lots 16 and 17) John Reinhardt (Lots 14 and 15) Legal Description: Lots 14, 15, 16 and 17, Block 5 of Thompson Park Subdivision Property Addresses: 4030,4036, 4040 and 4050 Forget Me Not Road KPB Parcel Nos Zoning District: Land Use Plan Surrounding Uses: SUMMARY 04908414, -15, -16, -17 Suburban Residential (RS) Suburban Residential (SR) Residential The City received a preliminary plat from McLane Consulting, Inc. on behalf of the property owners for a replat of Lots 14, 15, 16, and 17, Block 5 of Thompson Park Subdivision into two (2) lots with lot sizes of approximately 15,028 square feet (0.345-acre) and 17,860 square feet (0.43-acre). The subject parcels are located along Forget Me Not Road between Fern Street and Fireweed Lane. Currently, a single-family dwelling is situated on the lot line between Lots 14 and 15. There is a single-family dwelling on Lot 16 and Lot 17 is vacant. The surrounding area primarily consists of single-family dwellings and vacant lots owned by the same property owner on the adjacent lot with a principal structure. 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 minimum lot size requirement of 7,200 square feet for a single/two/three family dwelling within the Suburban Residential (RS) zoning district. The proposed merged lots will be approximately 0.38 acres and 0.43 acres. There are several parcels within and surrounding the Thompson Park Subdivision that are similar in size to the proposed merged lots. The digital notation in red on the plat (i.e., KPB PC Resolution 2003-03) does not affect the subject parcels. The proposed merged lots will continue to have access off of Forget Me Not Road, which is a City maintained road. City water and sewer services are available in this area. Public Works Department did not provide any comments for the subject preliminary plat. Staff finds that the preliminary plat for a replat of Lots 14, 15, 16 and 17, Block 5 of Thompson Park Subdivision 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 conforms to the minimum street widths, provides utilities/access easements, provides a satisfactory and desirable building sites, and the on -site water and wastewater systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is eliminating lot lines and existing improvements are in place for the development of this replat. 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 RS zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merging of Lots 14 and 15 will eliminate the nonconformity of the required side yard setbacks for the existing single-family dwelling. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat Thompson Park 2024 Replat for a replat of four (4) lots into two (2) lots meets the general standards of Kenai Municipal Code (KMC), 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. PZ2024-10 for the replat of Lots 14, 15, 16, and 17, Block 5 of Thompson Park Subdivision to Kenai Peninsula Borough. Resolution No. PZ2024-10 Preliminary Plat Thompson Park 2024 Replat Page 2 of 3 ATTACHMENTS Aerial Map Applications Preliminary Plat — Thompson Park 2024 Replat Thompson Park Subdivision Resolution No. PZ2024-10 Preliminary Plat Thompson Park 2024 Replat Page 3 of 3 Resolution No. PZ2024-10 Preliminary Plat -Thompson Park 2024 Replat '..'Ok", Lots 14,15,16, and 17, Block 5 of Thompson KENAI Park Subdivision KPB Parcel IDs: 04908414, -15, -16, -17 N Map for Reference Only NOT A LEGAL DOCUMENT ��.. 0 75 150 300 Feet Date P rated 506170N Zoning Rural Residential (RR) Suburban Residential (RS) Limited Commercial (LC) City of Kenai Planning and Zoning Depeftent Preliminary Plat 210FidalgoAvenue Kenai, AK 99611 Submittal Form (907) 283.6200 planning@kenaLefty www.kenai.citylplan ning APPLICANT(SURVEYOR) Name: McLane Consulting Mailing Address: PO Box 468 City: I Soldotna State: I AK I Zip Code: 1 9W69 Phone Number(s): 9o7283-4218 Email: JHALL@MCiANECG.COM & AHAMILTON@MCLANECG.COM .O. PROPERTY Name: Robert & Shannon Reinhardt Mailing Address: 230 Fireweed Ln City: I Kenai I State: I AK jZip Code: 199611 Phone Number(s): 907-690-0663 Email: r reinhardt@hotmail.com PROPERTYINFORMATION Kenai Peninsula Borough Paroel 104908416 & 04908417 Current City Zoning: Suburban Residential (RS) Use: N Residential ❑ Recreational ❑ Commercial ❑ Other: ater. FSe ClOn Site 8 City ❑ Community wer: ❑ on Site 8 City ❑ Community PLAT INFORMATION Preliminary Plat Name: Thompson Park Subdivision 2024 Replat Revised Preliminary Plat Name: Vacation of Public Right -of -Way ❑ Yes O No Street Name (if vacating ROW): Exceptions Required and Requested: Comments: REQUIRED ATTACHMENTS e Certificate to Plat lr! (1) 24" x 36" Plat a (2) 11" x 17" Plats Signature: SIGNATURE ED—ate:- lPrfnt Name: TilleBusiness: City of Kenai Preliminary Plat Planning and Zoning Department 210 Fidalgo Avenue Submittal Form Kenai, AK 99611 (907) 283-8200 - planning@kenai_cky r www.kenai.ciiy/planning a Name: McLane Consulting Mailing Address: PQ Box 468 [City: Soldotna State: AK Zip Cade: 199669 Phone Number(s): 907-2834218 Email: JHALL@MCLANECG.COM & AHAMiLTQNQMCLANECG.COM TM 4 Name: John Reinhardt - Mailing Address: 230 Fireweed Ln City: I Kenai State: I AK Zip Code: 99G11 Phone Number(s): Q_4� 1153 - 66 Email: summit8_Q7@yahoo.00rn is Kenai Peninsula Borough Parcel #: 0490$414 & 04908415 Current City Zoning: Suburban Residential (RS) Use: 0 Residential ❑ Recreational ❑ Commercial ❑ Other. Water: J ❑ On Site a City ❑ Community Sewer: 0 On Site 5 City ❑ Community Preliminary Plat Name; Thompson Park Subdivision 2024 Replat Revised Preliminary Plat Name: Vacation of Public Right -of -Way: ❑ Yes B No Street Name (f vacating ROW): Exceptions Required and Requested: Comments: _ORIN' s E Certificate to Plat a (1) 24" x 36" Plat a (2)11" x 17" Plats_ Signature: - Date: - -�.2 Print Name: Title/Business: Stewart Titfe of the Kenai Peninsula, Inc. 35681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-0031 Fax: (907) 260-8036 CERTIFICATE TO PLAT McLane Consulting, Inc. PO Box 468 Soldotna, AK 99669 Attention: Andrew Hamitlon Gentlemen: This is a certificate as of April 05, 2024 at 8:00 A.M. for a plat out of the following property: File Number: 24252 Premium: $500.00 Tax: Lots Fourteen (14), Fifteen (15) Sixteen (16) and Seventeen (17), THOMPSON PARK, according to Plat No. K-1047, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in John R. Reinhardt, as to Lots 14 and 15, and Robert J. Reinhardt and Shannon K. Reinhardt, husband and wife as to Lot 16, and Robert Reinhardt and Shannon K Reinhardt, husband and wife as to Lot 17 an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. TAXES AND ASSESSMENTS, if any due the taxing authority: Taxing Authority: CITY OF KENAI 2. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 3. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: October 2, 1959 Volume/Page: 517 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed 4. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. K-1047, 5. EFFECT of the notes on said Plat No. K-1047. 6. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: September 15, 1961 Volume/Page: 191327 (Lot 16) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 7. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: September 15, 1961 Volume/Page: 191329 (Lot 14) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance Certificate to Plat K81 File No.: 24252 nor responsibility therefore is implied or assumed. 8. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: September 16,1961 Volume/Page: 19/328 (Lot 16 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 9. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: July 30, 1968 Volume/Page: 521191 And Recorded: July 30, 1968 Volume/Page- 521194 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 10. 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 30, 1969 Volume/Page: 56187 (Lot 17) 11. 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: December 14, 1976 VolumelPage: 102/746 (Lot 16) 12. DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount: $175,000.00 Dated. May 2, 2019 Recorded: May 13, 2019 Serial No.: 2019-003771-0 Trustor: John R. Reinhardt, a single man Trustee: First American Title Insurance Company Beneficiary: Robert Reinhardt and Shannon Reinhardt, husband and wife (Lots 14 and 15) 13. DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the terms thereof: Amount: $147,000.00 Dated: May 28, 2014 Recorded: May 29, 2014 Serial No., 2014-004169-0 Trustor: Robert J. Reinhardt and Shannon K. Reinhardt, husband and wife Trustee: First American Title Insurance Company Beneficiary: Mortgage Electronic Registration Systems, Inc. (MERS) acting as nominee for Residential Mortgage, LLC (Lot 16) Certificate to Plat KB1 File No.: 24252 Stewart Title of the Kenai Peninsula, Inc. By Aghabedx Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90 38 upon notification from surveyor. 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