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Home My WebLink AboutResolution No. PZ2025-01KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-01 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR BARBER HEIGHTS ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 5450 King Salmon Drive LEGAL DESCRIPTIONS: Lot 1, Riedel Subdivision KPB PARCEL NUMBERS: 04950007 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on behalf of the property owners, Zachary and Micha Savage for a replat of Lot 1, Riedel 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 lot has access from King Salmon Drive (a City -maintained gravel road); and, WHEREAS, City water and sewer lines are not available to the lot; 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 for replat, subject to the listed conditions, provides utilities/access easements, provides a satisfactory and desirable building site, and the on -site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of two lots within a subdivision that has dedicated rights -of -sway and determined acceptable access, subject to the listed conditions. 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 RR zoning district of 20,000 square feet, the resulting lot size of this merger will be approximately 4.871 acres. Resolution No. PZ2025-01 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Barber Heights for a replat of Lot 1, Riedel Subdivision be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Addition of a plat note stating "All lands within the City of Kenai are subject to City of Kenai Zoning regulations. Additionally, all development on Lot 1-A must comply with Kenai Zoning regulations. Landowners must contact the City of Kenai Planning Department prior to development." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 8T" DAY OF January, 2025. �o S \.VA—LS1T4EAD, CHAIRPERSON ATTEST: L4P�1- Meghan Thibodeau, Deputy City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: December 23, 2024 SUBJECT: Resolution No. PZ2025-01 — Preliminary Plat — Barber Heights Request The applicant is proposing a preliminary plat to replat Lot 1, Riedel Subdivision. staff Adopt Resolution No. PZ2025-01 recommending approval of Recommendation Preliminary Plat — Barber Heights enlarging Lot 1, Riedel Subdivision to 4.871 acres. Applicant: Peninsula Surveying, LLC. Attn: Jason Schollenberg 10535 Katrina Blvd Ninilchik, AK 99639 Property Owner: Zachary and Micha Savage Legal Description: Lot 1, Riedel Subdivision Property Address: 5450 King Salmon Drive KPB Parcel No.: 04950007 Zoning District: Rural Residential (RR) Land Use Plan: Low Density Residential (LDR) Surrounding Uses: Rural Residential SUMMAk T A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of Zachary and Micha Savage for a replat of Lot 1, Riedel Subdivision to merge with approximately 1.179 acres of the proposed development to the east. The subject lot is on King Salmon Drive. The subject lot is improved with a single-family dwelling, driveway, private well and septic system. The purpose of this subdivision is to provide a buffer space between the existing dwelling and the new residential development to the east. Merging these lots will ensure that the dwelling on the subject lot maintains privacy from future development to the east. As a portion of this proposed lot will reside outside of the Kenai City limits, staff recommends that a plat note be added requiring the entire lot be subject to all City of Kenai Zoning regulations. While the current preliminary plat does not have this note included, staff has been in contact with the surveyor requiring the addition of this note (see Attachment 1). 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 parcel merger meets the preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district. At 4.871 acres, the proposed merged parcel exceeds the RR minimum lot size of 20,000 square feet. Access is off of King Salmon Drive, which is a City maintained gravel road. City water and wastewater are not available in this area, however, onsite water and wastewater have been installed on -site and are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). The Public Works Director, Fire marshal, and Building Official have reviewed the preliminary replat and have no comments. Staff finds that the preliminary plat for a replat of Lot 1, Riedel 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 for replat, subject to the listed conditions, provides utility/access easements, provides a satisfactory and desirable building site, and the on -site water and wastewater systems are subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of a lot within a subdivision that has dedicated rights -of -way and determined acceptable access, subject to the listed conditions. 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 RR zoning district of 20,000 square feet, the resulting lot size of this merger will be approximately 4.871 acres. 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. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Barber Heights to replat Lot 1, Riedel Subdivision 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 Resolution No. PZ2025-01 Preliminary Plat Barber Heights Page 2 of 3 the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-01 for a replat of Lot 1, Riedel Subdivision to the Kenai Peninsula Borough, subject to the following conditions. 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. Addition of a plat note stating "All lands within the City of Kenai are subject to City of Kenai Zoning regulations. Additionally, all development on Lot 1-A must comply with Kenai Zoning regulations. Landowners must contact the City of Kenai Planning Department prior to development." ATTACHMENTS Aerial Map Application Preliminary Plat, Barber Heights Attachment 1 Resolution No. PZ2025-01 Preliminary Plat Barber Heights Page 3 of 3 4 C • • {f � is I .y OPT or Q ►re ,�� At .t FZECEIVrD CITY Ut- rk t 7 [T(je7 -Al r,niA By: t volks City 6'f Planning and Zoning Depar-�iiiew 1rj Fidalgo Avenue Itiansi, AIK 99P-1 I pla.nning,_kikenaixity !;fwwAensi.ciWpIaiinIng Name: Peninsula Surveying, LLC Mailing Address: 10535 Katrina Blvd City: I Ninilchik State: AK JZIP Code: 199639 Phone Number(s): (907)306-7065 Email: jason@peninsulasurvoying.com Name: Zachary and Micha Savage Mailing Address: 5450 King ' Salmon Drive I City: I Kenai State: AK IMP Code: 199611 Phone Number(s): 208-724.7237 Email: MichaSavage@ouUook.com Kenai Peninsula Borough Parcel #: 10495007,05701006 Current City Zoning: Rural Residential El Residential 11 Recreational E3 Commerdal [3 Other. El On Site 0 city 13 Community Use: Water. Sewer: El On Site 0 City 0 Community Preliminary Plat Name: Barber Heights Revised Preliminary Plat Name: Vacation of Public Right -of -Way: 0 Yes IR No Street Name (if vacating ROW): I Exceptions Required and Requested: Comments: Other Property Owner - not In City Limits. Barber Homes LLC 20777 S 64th CT Hickman, NE 68372 402-889-3665 mattharber500@gmall.com 9 Certificate to Plat R (1) 24" x 36" Plat 19 (2) 11" x 17" Plats Signature: I Date: j11/25=24 Print Name: Jason Schollenberg ITItle/BuiWness: Peninsula Surveying, LLC Stewart Titre of f the Kenai Tenin=4 Inc. 36681 Kenai Spur Hwy., Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 UPDATE NO. 1 -To update the effective date; to add parcel 2; and to add to and update changes In the exceptions CERTIFICATE TO PLAT Peninsula Surveying File Number: 22651 10535 Katrina Blvd Premium: $250.00 Ninilchik, AK 99639 Tax Attention: Gentlemen: This is a certificate as of November 26, 2024 at 8:00 A.M. for a plat out of the following property: PARCEL 1: The Northwest One -quarter of the Northeast One -quarter (NW1/4NE1/4) of Section 8, Township 5 North, Range 10 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska. PARCEL 2: Lot One (1), RIEDEL SUBDIVISION , according to Plat No. 92-16, Kenai Recording District, Third Judicial District State of Alaska. The Company certifies that record title is vested in Barber Homes, LLC as to Parcel 1; and Zachary M. Savage and Micha N. Savage, husband and wife 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 Dated: August 30, 1982 Recorded: September 27, 1982 Volume/Page: 1941756 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. Affects Parcel 2 3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. SUBJECT TO A ROAD RESERVATION of 33 feet along each side of the section line as created by 43 U.S.C. 932. Affects Parcel 1 5. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 92-16. Affects Parcel 2. 6. EFFECT of the notes on said Plat No. 92-16. Affects Parcel 2. Certificate to Plat KB1 File No.: 22651 7. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: September 11, 1959 Volume/Page: 4/48 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed Release of Right of Way, including the terms and conditions therein: Recorded: November 20, 1997 Volume/Page: 618/401 Affects Parcel 1 8. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: September 18, 1959 Volume/Page: 4/92 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed Affects Parcel 2 9. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and dear shrubbery: Recorded: June 7, 1962 Volume/Page: 81168 Granted To: Kenai Power Corporation Affects: General Easement, no definite location disclosed Affects Parcel 2 10. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: September 9, 1992 Volume/Page: 405/240 Affects Parcel 2 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 11. 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: $255,102.00 Dated: June 6, 2014 Recorded: June 9, 2014 Serial No.: 2014-004569-0 Trustor: Zachary M. Savage and Micha N. Savage, husband and wife Trustee: Stewart Title of the Kenai Peninsula, Inc. Beneficiary: Homestate Mortgage Company, LLC THE BENEFICIAL INTEREST under said Deed of Trust assigned by instrument: Dated: June 6, 2014 Recorded: June 9, 2014 Serial No.: 2014-004570-0 Assigned To: Alaska Housing Finance Corporation, its.successors and/or assigns Affects Parcel 2 Certificate to Plat K131 File No.: 22651 12. MORTGAGE RECOVERY ADVANCE, between the parties herein named and according to the terms and provisions thereof: Executed by: Zachary M. Savage Married, Micha N. Savage; and the United States of America, acting through the Rural Housing Service and its successors Amount: $9,207.88 Dated: September 13, 2021 Recorded: October 25, 2021 Serial Number: 2021-011748-0 Affects Parcel 2 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 $330,000.00 Dated: May 20, 2024 Recorded: May 21, 2024 Serial No.: 2024-003412-0 Trustor. Barber Homes LLC Trustee: Cedar Rapids State Bank Beneficiary: Cedar Rapids State Bank Affects Parcel 1 14. 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: $225,000.00 Dated: May 20, 2024 Recorded: May 21, 2024 Serial No.: 2024-003413-0 Trustor: Barber Homes, LLC Trustee: Cedar Rapids State Bank Beneficiary: Cedar Rapids State Bank Affects Parcel 1 Stewart Title of the Kenai Peninsula, Inc. By P,Ert'�urt�eri Couotterssgnatr�ra Mary Frengle 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 He No.: 22651 fill � Bob Yip 03GIAIoenSNn RE192 Maw e @ it a " WR b COAI S,lx,cDpos A =t 3.1wro=— v 4 dixK, i,z,a . �sahp_ R030 nl,Sa00w �. f.eu.,eti A, u.woo,U I_ 1;h i il'11 1111P .11, I I Im I� i a a , II , �w 1i , o � � z w F; I r- R IB p 810 7 R �SYBE L�8G6'9`s Brandon McElrea From: Brandon McElrea Sent: Monday, December 23, 2024 8:32 AM To: 'JASON SCHOLLENBERG' Subject: RE: Barber Heights Jason, An edit to the final plat will work just fine. I will include this email in my staff report to P&Z confirming the addition of the note at that time. Thank you, Brandon Brandon McElrea Planning Technician City of Kenai 1 210 Fidalgo Avenue I Kenai, AK 99611 0-, (907)28 -8233 1 bmcelrea kenai.cit g{ K. E N A The Boot Pl.c. To AL-ASKA From: JASON SCHOLLENBERG <jason@peninsulasurveying.com> Sent: Tuesday, December 17, 202412:52 PM To: Brandon McElrea <bmceirea@kenai.city> Subject: Re: Barber Heights CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Brandon, That's not a problem. Do you need an updated copy before you can bring it to the meeting? We normally don't submit multiple hard copies to the City. Any edits are usually made to the final plat that the KPB reviews, since one of the KPB requirements is that we make any edits that are requested by the City. Thank You Jason Schollenberg, PLS Peninsula Surveying, LLC 10535 Katrina Blvd Ninilchik, AK 99639 Phone: (907)306-7065 Fax: (907) 567-1017 On Tue, Dec 27, 2024 at 11:20 AM Brandon McElrea <bmcelrea@kenai.city> wrote: Jason, It was good to meet you face to face yesterday! In reviewing the Barber Heights preliminary plat i have a request. Can you add the following to the notes: • All lands within the City of Kenai are subject to City of Kenai Zoning regulations. Additionally, all development on Lot 1-A must comply with Kenai Zoning regulations. Landowners must contact the City of Kenai Planning Department prior to development. I Once this is added 1 will wrap up the staff report. I am hoping to present Barber Heights and Beaver Loop Acres No. 3 at the same meeting. I am aiming for the January Sth PW meeting, but it may be pushed to January 22"d. I'll keep you posted. Thank you, Brandon Brandon McElrea Planning Technician City of Kenai 9 210 Fidalgo Avenue I Kenai, AK 99611 0: (907)283-8233 1 bmcelrea a.kenaLcit