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HomeMy WebLinkAboutResolution No. PZ2025-12 J 4 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-12 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE HOLLAND SPUR HIGHWAY SUBDIVISION ADDITION NO.1 ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 7450 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTIONS: Holland Spur Highway Subdivision, Tract 1 KPB PARCEL NUMBERS: 04103055 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, LLC, on behalf of the property owner, Glen F. Martin, for a subdivision of Holland Spur Highway Subdivision, Tract 1; 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 the Kenai Spur Highway; 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 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. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements,there are no minimum lot sizes for General Commercial (CG) zones. If approved, this subdivision will create Tract 1A and Tract 1 B, with areas of 2.548 and 2.734 acres respectively. 3. Pursuant to KMC 14.10.120 Division of a Commercial Tract, the owner of a commercial tract located in a commercial zone may divide the tract into fragment lots provided that such a division is not inconsistent with the approved commercial site plan and recorded declarations, covenants and restrictions applicable to the commercial tract.The subdivision of this tract, if approved, will be consistent with the proposed land use in this area. Resolution No. PZ2025-12 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 Holland Spur Highway Subdivision Addition No. 1 be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26th DAY OF FEBRUARY, 2025. J EAD, CHAIR SON ATTEST L&4�* Meghan Thibodeau, tfeputy City Clerk STAFF REPORT `► PLANNING & ZONING DEPARTMENT K TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: February 19, 2025 SUBJECT: Resolution No. PZ2025-12 — Preliminary Plat — Holland Spur Highway Subdivision Addition No. 1 _ The applicant is proposing a preliminary plat to subdivide Holland Spur Highway Subdivision, Tract 1. Staff Adopt Resolution No. PZ2025-12 recommending approval of Recommendation Preliminary Plat — Holland Spur Highway Subdivision Addition No. 1, creating 2 parcels of 2.548 and 2.734 acres, respectively. Applicant: Peninsula Surveying, LLC. Attn: Jason Schollenberg 10535 Katrina Blvd Ninilchik, AK 99639 Property Owner: Glen F. Martin Legal Description: Holland Spur Highway Subdivision, Tract 1 Property Address: 7450 Kenai Spur Highway, Kenai, AK 99611 KPB Parcel No.: 04103055 Zoning District: General Commercial (CG) Land Use Plan: Mixed Use Surrounding Uses: Mixed Use and Rural Residential SUMMARY A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of Glen F. Martin for a subdivision of Holland Spur Highway Subdivision, Tract 1, to create 2 parcels. The two parcels, if approved would total 2.548 and 2.734 acres respectively, which will allow varied commercial uses to be developed while maintaining necessary parking requirements, access management for safe access to the Kenai Spur Highway, and building setbacks. 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 intent of the General Commercial (CG) zoning district. There are no minimum lot sizes within the General Commercial zoning district, but the proposed lot sizes will allow for a variety of potential commercial uses to be developed on each parcel. The area is immediately adjacent to the Kenai Spur Highway and commercial uses are preferred due to the increased road noise. Commercial developments can help shield future residential development through proper vegetative screening, and the increased distance form the highway. 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 the Kenai Spur Highway. All rights-of-way within the proposed preliminary plat are existing. 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 south boundary of the lots adjacent to existing 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 Holland Spur Highway Subdivision, Tract 1 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. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, there are no minimum lot sizes within the General Commercial zoning district, but the proposed lot sizes will allow for a variety of potential commercial uses to be developed on each parcel. 3. 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 Holland Spur Highway Subdivision Addition No. 1, 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. PZ2025-12 for a Resolution No. PZ2025-12 Preliminary Plat Holland Spur Highway Subdivision Addition No. 1 Page 2 of 3 subdivision of Holland Spur Highway Subdivision, Tract 1 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. ATTACHMENTS Aerial Map Application Preliminary Plat, Beaver Loop Acres No. 3 Resolution No. PZ2025-12 Preliminary Plat Holland Spur Highway Subdivision Addition No. 1 Page 3 of 3 a v in O 41 Gr N N O C Q O O O C f° > c O O O U > a _ m c c a`Oi a°1i v �v ine m cr m 2 —m O ! 'i `° rn l7 m l7 m a E MEN MEN J d I- C O� „ wr, o I ` 7 7 o A �r �j S •ry A o py n �►;" , a� = o LU L j � r "I rat � r c m i tt - YEv 2 E E /� F 2 w •� m cR r a y ii $ _ oo Ul ... •• c of � � G E GZ v. tse f-W F-JI)41" K� ai r / Preliminary Plat Submittal F^r►n Name: Jason Schollenberg, Peninsula Surveying,LLC Mailing Address: 10535 Katrina Blvd City, Ninilchik I State: AK Zip Code: 199639 Phone Number(s): 907-306-7065 Email: jason@peninsulasurveying.com Name: Glen F Marlin Mailing Address: PO Box 1389 City:I Soldotne State: I AK jZlp Code: 199669 Phone Number(s): 907-252-5326 Email: akgoldl6@gmail.com Kenai Peninsula Borough Parcel#: 04103055 Current City Zoning: CG General Commercial Use: O Residential 13 Recreational ® Commercial ❑ Other. Water: R] On Site ❑City ❑ Community Sewer 0 On Site ❑City © Community Preliminary Plat Name: HOLLAND SPUR HIGHWAY SUBD.ADDITION NO. 1 Revised Preliminary Plat Name: Vacation of Public Right-of-Way, ❑Yes B No Street Name(if vacating ROW): Exceptions Required and Requested: Comments: 1011 Certificate to Plat 11 (1)24"x 36"Plat 9 (2) 11"x 1 T Plats Signature: Date: 13 L Print Name: JA N SCHOLLENBERG Title/Business: PLS,OWNER Stewart Tztle of the ?Cenai Teninsuh; Ina 35681 Kenai Spur Hwy., Unit S Soldotna,AK 99669 Tel: (907)260-8031 Fax: (907)260-8036 CERTIFICATE TO PLAT Peninsula Surveying File Number. 25227 10535 Katrina Blvd Premium: $300.00 Ninilchik,AK 99639 Tax: Attention: Brandon Thielke Gentlemen: This is a certificate as of February 04,2025 at 8:00A.M.for a plat out of the following property: Tract One (1), HOLLAND SPUR HIGHWAY SUBDIVISION, according to Plat No. 2011-68, Kenai Recording District,Third Judicial District, State of Alaska. The Company certifies that record title is vested in Glen F. Martin,a married person 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 Recorded: September27, 1982 VolumelPage: 190777 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: CITY OF KENAI 4. TAXES AND ASSESSMENTS, if any,due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 5. EASEMENT for electric lines or system andlor telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: December 13, 1960 VolumelPage: 6/182 Granted To: Homer Electric Association, Inc. Affects: General Easement, no definite location disclosed S. 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, 1968; 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. Certificate to Plat KB1 File No.: 25227 7. RIGHTS OF THE PUBLIC and or governmental agencies in and to that portion of said premises lying below the mean high water mark of the creek and any questions of right of access to the creek in the event said lands do not in fact abut the creek. 8. ANY PROHIBITION OR LIMITATION on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 9. EASEMENTS,SET-BACKS AND DEDICATIONS as delineated on Plat No.2011-68. 10. EFFECT of the notes on said Plat No.2011-68. Stewart Title of the Kenai Peninsula, Inc. BY �i1tt'�lrilcd 4ntem-s�:3,nott:ri Mary Frengle 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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