HomeMy WebLinkAboutResolution No. PZ2025-03KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2025-03
A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE BEAVER LOOP
ACRES NO. 3 SUBDIVISION ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: None
LEGAL DESCRIPTIONS: SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4
SE1/4, Section 3, Township 5 North, Range 11
West, Seward Meridian
KPB PARCEL NUMBERS: 04901022
WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on
behalf of the property owner, the City of Kenai for a subdivision of SW1/4 NW1/4 & SW1/4 & S1/2
SE1/4 & NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West, Seward Meridian; 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 lots have access from South Baker Street; and,
WHEREAS, City water and sewer lines are not available to the lot; and,
WHEREAS, the rights -of -way within the proposed preliminary plat are newly dedicated. The
proposed rights -of -way are continuations of existing streets and are determined acceptable
access. Therefore, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for
subdivision, subject to the listed conditions, provides utility/access easements, provides
satisfactory and desirable building sites, and the on -site water and wastewater systems
are subject to the regulatory requirements of ADEC. An exception to KMC
14.10.070(d)(1) — Block length greater than 1,400 feet is recommended as requested by
the City in order to maintain large parcels suitable for future material sites. An exception
to KMC 14.10.070(d)(3) — Street design, is recommended as requested by the City.
Considering the west, south and east boundaries are subject to a 50-foot road
reservation created by Alaska Statute 19.10.010 (section line easement), a cul-de-sac
and/or turnaround has been omitted.
Resolution No. PZ2025-03
Page 2 of 2
2. Pursuant to KMC 14.10.080 Minimum improvement required, the rights -of -way within the
proposed preliminary plat are newly dedicated. The proposed rights -of -way are
continuations of existing and are determined acceptable access. 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 (0.46
acre), the resulting lot sizes of this subdivision will be approximately 23.798 acres to
210.902 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.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That preliminary plat Beaver Loop Acres No. 3 for a subdivision SW1/4 NW1/4 &
SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West, Seward
Meridian 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. An exception to KMC 14.10.070(d)(1) — Block length greater than 1,400 feet is
recommended in order to maintain large parcels suitable for future material sites.
3. An exception to KMC 14.10.070(d)(3) — Street design, is recommended. Considering the
west, south and east boundaries are subject to a 50-foot road reservation created by
Alaska Statute 19.10.010 (section line easement), a cul-de-sac and/or turnaround has
been omitted.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 22"d DAY OF January, 2025.
STEAD, CFbkMPERSON
Z�rN
ATTEST:
Meg han Th ibod4awlDeputy City Clerk
(("W/STAFF REPORT
PLANNING &ZONING DEPARTMENT
n
TO:
Planning and Zoning Commission
THROUGH:
Kevin Buettner, Planning Director
FROM:
Brandon McElrea, Planning Technician
DATE:
January 14, 2025
SUBJECT:
Resolution No. PZ2025-03 — Preliminary Plat — Beaver Loop Acres No. 3
Subdivision
E The applicant is proposing a preliminary plat to subdivide the SW1/4
NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3, Township 5
North, Range 11 West, Seward Meridian.
Staff Adopt Resolution No. PZ2025-03 recommending approval of
Recommendation Preliminary Plat — Beaver Loop Acres No. 3 Subdivision, creating 5
parcels ranging in size from 23.798 acres to 210.902 acres.
Applicant: Peninsula Surveying, LLC.
Attn: Jason Schollenberg
10535 Katrina Blvd
Ninilchik, AK 99639
Property Owner: City of Kenai
Legal Description: SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section 3,
Township 5 North, Range 11 West, Seward Meridian
Property Address: None
KPB Parcel No.: 04901022
Zoning District: Rural Residential (RR)
Land Use Plan: Parks, Recreation and Open Spaces (PROS)
Surrounding Uses: Heavy Industrial and Material Sites
A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of the City of
Kenai (City) for a subdivision of SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4, Section
3, Township 5 North, Range 11 West, Seward Meridian, to create 5 parcels. In March of 2019 an
engineering consultant hired by the City excavated ten test pits and determined the southern
portion of the 320-acre parent parcel (the areas of Lots one (1) through four (4)) has an adequate
quality and quantity of marketable gravel for future construction projects in the City. The potential
for extraction of natural resources is consistent with the City's Land Management Plan, The City's
Comprehensive Plan's Land Use Designation, by Conditional Use Permit in the current zone, and
bordering existing gravel pits, is likely the highest and best use for the property and is in the best
interest of the City.
The City is requesting two exceptions to Kenai Municipal Code (KMC) Section .14.10.070. An
exception to KMC 14.10.070(d)(1) — Block length greater than 1,400 feet is requested by the City
in order to maintain large parcels suitable for future material sites. An exception to KMC
14.10.070(d)(3) — Street design, is requested by the City. Considering the west, south and east
boundaries are subject to a 50-foot road reservation created by Alaska Statute 19.10.010 (section
line easement), a cul-de-sac and/or turnaround has been omitted. It is also possible that the rights -
of -way could be extended in the future.
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 20,000 square feet (0.46 acre)
for the Rural Residential (RR) zoning district. The size of proposed Lots one (1) through four (4)
range in size from 23.798 acres to 28.633 acres while proposed Tract A is approximately 210.902
acres.
City water and wastewater are not available in this area. Property owner(s) will need to install
private wells and septic systems. The septic systems must meet the regulatory requirements of
the State of Alaska, Department of Environmental Conservation (ADEC).
Access to the proposed Lots is provided via South Baker Street, which is connected to Beaver
Loop Road.
All rights -of -way within the proposed preliminary plat are newly dedicated. The proposed rights -
of -way are continuations of existing, named rights -of -way. The Public Works Director has
reviewed the preliminary plat and had no comments. Therefore, staff finds that an installation
agreement is not required for the preliminary plat.
A 15-foot easement for utilities is located along the boundaries of the lots adjacent to proposed
rights -of -way. This is denoted in plat note three (3), which states the front 15-feet adjacent to
rights -of -way is a utility easement.
Staff finds that the preliminary plat for a subdivision of SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 &
NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West 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
subdivision, subject to the listed conditions, provides utility/access easements, provides
satisfactory and desirable building sites, and the on -site water and wastewater systems
are subject to the regulatory requirements of ADEC. An exception to KMC 14.10.070(d)(1)
Resolution No. PZ2025-03
Preliminary Plat
Beaver Loop Acres No. 3 Subdivision Page 2 of 3
— Block length greater than 1,400 feet is requested by the City in order to maintain large
parcels suitable for future material sites. An exception to KMC 14.10.070(d)(3) — Street
design, is requested by the City. Considering the west, south and east boundaries are
subject to a 50-foot road reservation created by Alaska Statute 19.10.010 (section line
easement), a cul-de-sac and/or turnaround has been omitted. It is also possible that the
rights -of -way could be extended in the future.
2. Pursuant to KMC 14.10.080 Minimum improvement required, the rights -of -way within the
proposed preliminary plat are newly dedicated. The proposed rights -of -way are
continuations of existing streets and are determined acceptable access. 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 (0.46
acre), the resulting lot sizes of this subdivision will be approximately 23.798 acres to
210.902 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 SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4
SE1/4, Section 3, Township 5 North, Range 11 West, 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
recommend approval of Resolution No. PZ2025-03 for a subdivision SW1/4 NW1/4 & SW1/4 &
S1/2 SE1/4 &NE1/4 SE1/4, Section 3, Township 5 North, Range 11 West to the Kenai Peninsula
Borough, subject to the following conditions.
Further development of the property will conform to all federal, State of Alaska, and local
regulations.
2. An exception to KMC 14.10.070(d)(1) — Block length greater than 1,400 feet is requested
by the City in order to maintain large parcels suitable for future material sites.
3. An exception to KMC 14.10.070(d)(3) — Street design, is requested by the City.
Considering the west, south and east boundaries are subject to a 50-foot road reservation
created by Alaska Statute 19.10.010 (section line easement), a cul-de-sac and/or
turnaround has been omitted. It is also possible that the rights -of -way could be extended
in the future.
ATTACHMENTS
Aerial Map
Application
Preliminary Plat, Beaver Loop Acres No. 3
Resolution No. PZ2025-03
Preliminary Plat
Beaver Loop Acres No. 3 Subdivision Page 3 of 3
�ti
I 1- Y
'Preliminary 1 11016
Submittal ��rdli, L.ANNIN
� City of K nai
F K$I111T� and Zoni, P Department
DATE 210 Fidalgo ;venue
i�. :i11
DEPART 100
plann ing@kenai. city
www. kenai, citWplanning
M
Name: PENINSULA SURVEYING, LLC
Mailing Address:
10535 KATRINA BLVD City:
NINILCHIK
State:
I AK
IZIP Code. 99639
Phone Number(s):
907-306-7065
Email:
JASON@PENINSULASURVEYING.COM
Name:.
CITY OF KENAI
Mailing Address:
210 FIDALGO AVE. STE 200 1 City:
J KENAI I
State:
I AK
IZip Code:
199611
Phone Number(s):
907-283-7535, 907-283-8233
Email:
Brandon McElrea, bmcelrea@kenai.city
r
Kenai Peninsula Borough Parcel #: 104901022
Current City Zoning:
RURAL RESIDENTIAL (RR)
Use:
❑ Residential ❑ Recreational ❑ Commercial
❑ Other:
Water.
❑ On Site ❑ City ❑ Community
Sewer: ❑ On Site ❑ City ❑ Community
Preliminary Plat Name: BEAVER LOOP ACRES NO. 3 SUBDIVISION
Revised Preliminary Plat Name:
Vacation of Public Right -of -Way:
❑ Yes B No
Street Name (if vacating ROW):
Exceptions
Required and Requested:
14.1 0.070(d)(1 )-Block length greater than 1,400' to maintain large parcels as requested by the City of
Kenai
14.10.070(d)(3)-Street layout -'a cul-de-sac and/or turnaround has been omitted considering the the west,
south and east lines are subject to a 50' road reservation created by A.S. 19.10.010. It is also possible
the rights -of -way could be extended in the future.
Comments:
9 Certificate to Plat (1) 24" x 36" Plat (2) 11" x 17" Plats
Signature:
Date: 1?.
Print Name:
Jason Schollenberg
Title/Business: Peninsula Surveying, LLC
Stewart Zit& of the Kenai (Peninsula, Inc.
36681 Kenai Spur Hwy., Unit B
Soldotna, AK 99669
Tel: (907) 260-8031 Fax: (907) 260-8036
CERTIFICATE TO PLAT
Peninsula Surveying
10535 Katrina Blvd
Ninilchik, AK 99639
Attention: Brandon Thielke
Gentlemen:
This is a certificate as of October 17, 2024 at 8:00 A.M. for a plat out of the following property:
File Number: 24734
Premium: $300.00
Tax:
The Southwest One -quarter of the Northwest One -quarter (SW1/4 NW1/4) AND The Southwest One -quarter
(SW1/4), AND the South One-half of the Southeast One -quarter (81/2 SE1/4), AND the Northeast One -quarter of
the Southeast One -quarter (NE1/4 SE1/4) in Section 3, Township 5 North, Range 11 West, Seward Meridian,
Kenai Recording District, Third Judicial District, State of Alaska.
EXCEPTING THEREFROM the subsurface estate and all rights, privileges, immunities and appurtenances of
whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December
18, 1971 [85 Stat. 688, 704; 43 U.S.C. 1601, 1613 (f) (1976)), and as conveyed by Patent to Cook Inlet Region,
Inc.
The Company certifies that record title is vested in
City of Kenai Alaska, A Municipal Corporation
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 State of Alaska Patent, and/or in acts authorizing
the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together
with the privileges, mining and drilling rights and immunities.
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated:
Taxing Authority: KENAI PENINSULA BOROUGH
4. RIGHT OF INGRESS AND EGRESS from said premises; we find no dedication or improved roadways
abutting subject property.
5. SUBJECT TO A ROAD RESERVATION of 50 feet along each side of the section line as created by A.S.
19.10.010.
6. TERMS, COVENANTS, CONDITIONS AND PROVISIONS, including rights of way and easements as
contained in the Alaska Native Claims Settlement Act, dated December 18, 1971, U.S. Public Law 92-203,
85 Stat. 688, U.S.C. 1601 et seq.
Certificate to Plat KB1 File No.: 24734
7. RESERVATION of the subsurface estate in said land including, but not limited to, rights of entry to
explore, develop or remove minerals from said subsurface estate, as set forth in Sections 14 (f) and 14 (g)
of the Alaska Native Claims Settlement Act referred to herein above.
NOTE: No assurance is given as to the vertical delineation of the surface and subsurface estates in said
land as provided in said act.
Stewart Title of the Kenai Peninsula, Inc.
By
AWh04zoif CouniemsVgnature
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 KBi File No.: 24734
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