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HomeMy WebLinkAboutResolution No. 2025-32�k' �-e- a )C.- K E NAI '5/�As Sponsored by: AdministrZon CITY OF KENAI RESOLUTION NO. 2025-32 A RESOLUTION DECLARING A RIGHT-OF-WAY FOR A 60' BY 156' PORT,,{ION OF THE UNNAMED ROAD ALONG WILDWOOD DRIVE AS DEDICATED ON LOTS 11 & 12, CSLOCK 8, BLACK GOLD ESTATES 2025 REPLAT (PLAT K1399), NOT NEEDED FOR A UBLIC PURPOSE AND CONSENTING TO ITS VACATION. WHEREAS, on March 26, 2025, by Resolution No. PZ2025-05 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough tanning Commission approve of the preliminary plat of Black Gold Estates 2025 Replat with a va tion of 156 feet of the 60' right-of-way along the southerly boundary as dedicated on the plat of Lots. 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399), subject to Council approval of the vacation; and, WHEREAS, on April 28, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved, subject to Council approval, the vacation of a 60' by 156' portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399); and, WHEREAS, on April 29, 2025, the Kenai Peninsula Borough submitted a letter to the Kenai City Council requesting consideration of the vacation in acc rdance with Alaska Statutes 29.40.140 that requires the consent of the City Council prior to vacation city right -of --way; and, WHEREAS, Kenai Municipal Code 22.0 .110 -Determination as to need for public use, states City Council may vacate rights -of -way or eas ments by resolution; and, WHEREAS, there is no needed publip use for the 60' by 156' right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The 60' by 156' r' ht-of-way portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold states 2025 Replat (Plat K1399) is not needed for a public purpose, and the Council of the City of K nai consents to the vacation of the 60' by 156' right-of-way as set forth on the attached Exhibit "A ". Section 2. That this esolution takes effect immediately upon passage. PASSED BY THE C UNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF MAY, 2025 Henry Knackstedt, Vice Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] i I= City of Kenai 1 210 Ficlalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 14, 2025 SUBJECT: Resolution No. 2026-32 - Declaring a Right -of -Way for a 60' by 166' Portion of the Unnamed Road Along Wildwood Drive as Dedicated on Lots 11 & 12, Block 8, Black Gold Estates 2026 Replat (Plat K1399), and as Set Forth on the Attached Exhibit "A" is not Needed for a Public Purpose and Consenting to its Vacation. On March 26, 2025, the Planning and Zoning Commission passed Resolution PZ2025-05 recommending the approval of the Black Gold Estates 2025 Replat subject to the following condition: the Kenai City Council must declare the sixty -foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. On April 28, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved the vacation, subject to Council approval, of a 60' by 156' portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399) during their regularly scheduled meeting. Background — Wildwood Drive 60' ROW The initial subdivision was approved by Resolution 63-20 in July 1963, but due to conflicts with the US military regarding a drainage ditch along the north side of what was called Wildwood Station Road, subsequent changes to the subdivision were required. On December 2, 1964, the Kenai City Council passed Resolution 64-24 approving a re -subdivision of Black Gold Estates, which is located to the north and west of Wildwood Station Road. This new subdivision adjusted Lots 1-3 in Block 1, Lots 1-15 in Block 7, and Lots 8-13 in Block 8 to include a 60 foot right of way immediately adjacent to the existing 120 foot right of way for Wildwood Station Road (now Wildwood Drive). This right of way was to allow the City to develop a frontage road parallel to Wildwood Station Road, and control/maintain the access points across the drainage ditch from the military installation. Plat notes included with this amendment included the provision of a special assessment of 90 cents per front foot to be used to construct the road. These funds have since been returned to the original payees. The legislation further stipulated that no lots (listed above) fronting Wildwood Station Drive "shall be developed until the road is built and the two access streets are constructed." The military installation was closed and the land was subsequently used by the State of Alaska for Wildwood Correctional Facility. Wildwood Drive is the primary ingress and egress route. To date, the 60' right of way remains in place along the north side of Wildwood Drive and no development has occurred on this side of the road, outside of a commercial property at the intersection of Wildwood Drive and the Kenai Spur Highway at the extreme western end of the right of way. On September 15, 2021, Resolution 2021-57 was passed by Council to vacate a 60' by 254' portion of this right of way. This vacated portion is located to the southwest of the current vacation request. The supporting documentation from the City of Kenai regarding this vacation did not explicitly mention Resolutions 63-20 or 64-24, but did refer to the Black Gold Estates, Amended plat by providing a plat map. The Administration is working with the Kenai Native Association on an agreement to allow improvement of the roadway known as Wildwood Drive. The City may consider entering into an agreement, subject to Council approval, to purchase any interest Kenai Native Association may have in the roadway, as Kenai Native Association's asserted interest has presented challenges to improvements. If an agreement is approved by the Council, there likely is no public purpose for the unnamed 60' right-of-way. Current Request In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement may be made without consent of the City Council. According to Kenai Municipal Code 22.05.110 - Determination as to Need for Public Purpose, provides the Kenai City Council may vacate rights - of -way or easements by resolution. Because the right-of-way is adjacent to a road in which there is an asserted interest, the land may be needed for a public purpose in the future to support access or improvements. Per Kenai Peninsula Borough Code 20.65.050(H) —Vacations: a [Kenai Peninsula Borough] planning commission decision to approve a vacation is not effective without the consent of the [Kenai] city council, if the area to be vacated is within a city, or by the assembly in all other cases. The council or assembly shall have 30 days from the date of the planning commission approval to either consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning commission. Failure to act on the vacation within 30 days shall be considered to be consent to the vacation. Thank you for your consideration. Attachments Exhibit A: Preliminary Plat identifying recommended vacation of 60' by 156' right-of-way Notice of Decision Letter from Kenai Peninsula Borough dated April 29, 2025 Borough Planning Commission Meeting Action Agenda Pertinent Materials from Borough Planning Commission Meeting City of Kenai Planning and Zoning Commission Resolution PZ2025-05 Minutes from March 26, 2025 City of Kenai Planning and Zoning Commission Meeting Page 2 of 2 The City of Kenai I www.kenai.city E "s py 2 d At 7�u � p94 la vaJr I la 0 5 sou-1� $ %w* I ^�»a�bffi 'w 7C3 I p kk 19 3V: Egg of E `ti 9CNpl�3i AY 6t9Y '� — — — — 3,Og20.0pS 4 � •� � �. � � � � •--,(� — — — ShIMaYieAp SKW. April 29, 2025 RE: KENAI PENINSULA Borough Planning Department 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2200 1 (F) 907-714-2378 1 Peter A. Micciche Borough Mayor KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF APRIL 28, 2025 Vacates a portion of the 60-foot right-of-way adjacent to Lots 11 & 12, Block 8 per Black Gold Estates Subdivision Amended, Plat K1399; KPB File 2025-048V1 The Planning Commission, pursuant to KPB 2.40 and 20.65.050(D) and reviewed and granted approval of the subject right-of-way vacation during its regularly scheduled meeting of April 28, 2025. The approval was granted by a unanimous vote. The approval is subject to the following conditions: 1. Consent by Kenai City Council. 2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code including a submittal to and approval by the Plat Committee. 3. Grant any utility easements requested by the Kenai City Council and utility providers. 4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation consent (KPB 20.65.050(I)). The vacation is proposed to be finalized by the recording of plat Black Gold Estates 2025 Replat, KPB File 2025-048. Pursuant to KPB 20.65.070(F), an appeal of the planning commission decision must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. For additional information please contact the Planning Department, 907-714-2200 (1-800-478-4441 toll free within the Kenai Peninsula Borough). Notice of decision sent by email to the following: • Andrew Hamilton, McLane Consulting — ahamilton@rnclanecg.com Notice of decision sent by mail to: • Alexander Douthit 1104 Leeward Drive Kenai, AK 99611 _� K p li)� PB KENAI PENINSULA Borough April 28, 2025 - 7:30 PM Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 Pamela Gillham, Vice Chair Kalifamsky / Kasilof District Term Expires 2026 Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Paul Whffney City of Soldotna Term Expires 2027 Franco Venuff City of Homer Term Expires 2025 Kadna England City of Seward Term Expires 2026 Jeffrey Epperhelmer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 Planning Commission Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building and Through Remote participation will he available through Zoom, or other audio or video means, wherever technically teasibla ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.usZi/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non -controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *3. Plats Granted Administrative Approval a. Adam -Shaw Subdivision; KPB File 2024-096 b. Clyde King Subdivision 2024 Addition; KPB File 2024-115 c. Iliamna Meadows 2024 Addition; KPB File 2024-087 d. Immanuel Subdivision No. 2; KPB File 2024-022 e. Michael J. Pelch Homestead JR, Addition No. 4; KPB File 2024-029 f. Mountain Park 2024; KPB File 2024-065 g. Princess Lake Estates Phase 6; KPB File 2018-042 4* Plats Granted Final Approval a. Highlands Subdivision Evans Replat: KPB File 2024-119 b. Valhalla Heights 2024 Addition; KPB File 2024-093 *6. Commissioner Excused Absences a. Jeffery Epperheimer, Nikiski District b. Vacant, City of Seward *7. Minutes a. April 14, 2025 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (6-Yes, 2-Absent) D. UNFINISHED BUSINESS - None E. NEW BUSINESS Public Hearing: Quasi -Judicial Matters (commission members may not receive or engage in ex-porte contact with the applicant other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Utility Easement Vacation; KPB File 2025-004V1 McLane Consulting Group / Cash Request: Vacates a 10' by 30' utility easement along the western boundary of Lot 1, Block 1, Kenaitze Estates Subdivision, Plat KN 75-123 Funny River Area / Funny River APC Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) 2. Utility Easement Vacation; KPB File 2025-048V McLane Consulting Group / Douthit Request: Vacates a 20' wide utility easement centered on the southeasterly line of Lots 16 & 17 common to the northwesterly lines of Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN1399 City of Kenai Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) Public Hearing: Legislative Matters 3. Right -Of -Way Vacation; KPB File 2025-048V1 McLane Consulting Group / Douthit Request: Vacates approximately 9360 square foot portion of an unnamed 60' ROW adjacent to Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN 1399 City of Kenai Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) 4. Right -Of -Way Vacation; KPB File 2025-047V McLane Consulting Group / Muller, Davis Request: Vacates a portion of Erlwein Road and associated utility easements adjacent to Lot 1, Block 2 & Lot 2, Block 2 of Birch Forest No. 2, Plat KN 2019-80 Sterling Area MOTION: Move to grant the vacation as petitioned based passed by unanimous vote (7-Yes) 5. Section Line Easement Vacation; KPB File 2025-046V Alaska Remote Imaging / TBA Properties LLC Request: Vacates the 100' Section Line Easement with Tract B1 of Quartz Creek Subdivision Outfitter Way Replat, Plat SW 2024-19 Cooper Landing Area / Cooper Landing APC Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) F. PLAT COMMITTEE REPORT — The plat committee will review 7 plat G. OTHER 1. PEU Material Site Appeals H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 12, 2025 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planning(ftl2b.us website: http://www.kr)b.us/Planning-dept/planning-nome A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of rights -of -way, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. E. NEW BUSINESS 2. Utility Easement Vacation; KPB File 2025-048V McLane Consulting Group / Douthit Request: Vacates a 20' wide utility easement centered on the southeasterly line of Lots 16 & 17 common to the northwesterly lines of Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN 1399 City of Kenai Z N O N 00 0- M .E .0 d�o LO > N 00 U V- W O vj LA N iL Z O � O YI—V m a� LL O O N O O a v 0 m E 0 c FF-- Z r O a=+ 00 0 Ln O � � v N N ii Np LLI m00 d 0 T E i � t M N �. LL po ►. N r - swat■!.'. Lt, ti, i ■ Cl t o N W a ` z o z §�1s °'�i I\ r 3g :� Who ogagwe Fg $i3 z� aq o9 a ao o / z o,tog S W �J Src3 �z�g5�z°�g tz$ gn Q �$ z rzw �w'a a.. w g�'�Yzo S�o�GeQWG§oin Zzo'wi�ws�u I i ; g; z Z beau a��Zi N o �� $ � s m d � wN�o � z¢C� i� awa OzawW.8-~ O �� �8:a I= T wl 8 8 °� �� g F �o. �`• a C9 13 w • Il\7 w v mS s�d'a Pd � iz sQ� 92 NOLMS ,886£9L VL£0I1 3.00,ZOA05 66EU .SJNRIM iO mm. AGENDA ITEM E. NEW BUSINESS ITEM #2 - UTILITY EASEMENT ALTERATION Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Aril 28, 2025 Alexander Douthit of Kenai, Alaska Planning Committee Meeting: Applicant / Owner: Surveyor: Andrew Hamilton, McLane Consulting, Inc. General Location: City of Kenai STAFF REPORT Specific Request / Purpose as stated in the petition: Utility Vacation: a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of lots 12 and 11. Proposed vacation is approximately 2745± square feet. Notification: Notice of vacation mailings were sent by regular mail to 22 owners of property within 300 feet. Notice of the proposed vacation was emailed to 6 agencies and interested parties. The public notice was posted on the Planning Department's bulletin board at the KPB Administration Building. Staff Analysis: Black Gold Estates Subdivision, plat K-1335, granted a 10-foot-wide utility easement on the southeasterly boundary or Lots 16 and 17 and on the northwesterly boundary of Lots 11 and 12. The plat shows the easement location to be vacated on the common lot lines and upon approval, will be finalized by the proposed plat, Black Gold Estates 2025 Replat. A 10-foot-wide utility easement is being granted adjacent to Wildwood Drive right-of-way by the proposed plat. This easement will serve the proposed Lot. No comment or opposition was received for the requested location of the easement to be vacated from any utility company, indicating no utilities are in the easement. According to KPB GIS imagery, no encroachments appear to be located within the utility easement proposed for vacation. The City of Kenai Planning and Zoning Commission reviewed the easement vacation request and plat that will finalize the vacation, Black Gold Estates 2025 Replat, at their March 26, 2025 meeting and granted conditional approval. Resolution PZ2025-05 is included in the packet along with city packet and meeting minutes for review. HEA No comments ENSTAR Approved as shown on submitted plat ACS No objections GCI No response Applicant Findings: 1. Lots 11, 12, 16, and 17 are all owned by Alexander Douthit and intends to consolidate into one larger lot. Page 1 of 3 2. Plat will dedicate a 10' utility easement adjacent to Wildwood Drive, windflower drive, or the unnamed 60' right of way in the scenario the unnamed right of way is not vacated as proposed by the preliminary / final plat. 3. The utility easement is not in use by utility companies. 4. Adjacent utilities are primarily located within the Wildwood Drive right of way. Staff Findings: 1. ACS, ENSTAR and HEA provided written non -objection to the proposed vacation. 2. The City of Kenai granted conditional approval of the preliminary plat finalizing the utility easement vacation. 3. Black Gold Estates Subdivision, plat K-1335, granted a 10-foot-wide utility easement on the southeasterly boundary or Lots 16 and 17 and on the northwesterly boundary of Lots 11 and 12. 4. No surrounding properties will be denied utilities. STAFF RECOMMENDATIONS CORRECTIONS / EDITS Include Block 8 in the legal description Identify both 10' easements to be vacated on the drawing. RECOMMENDATION: Based on consideration of the merits as outlined by Staff comments and Staff findings, Staff recommends APPROVAL of the utility easement alteration as petitioned, subject to: Grant any utility easements requested by the .-ii City Council and utility providers. Finalizing the approval of the easement alteration by either; a. The recording of a subdivision plat within 12 months, compliant with the requirements of Chapter 20 of KPB Code or, b. The recording of a utility easement alteration resolution within 90 days of the adoption of the resolution by the Planning Commission, with the following requirements: i. An exhibit drawing showing, and dimensioning, the utility easement alteration area, prepared, signed and sealed by a licensed land surveyor. The exhibit drawing will be attached to, and recorded with, the resolution. ii. The applicants will provide the recording fee for the resolution and its attachment to the Planning Department. iii. The Planning Department is responsible for filing the Planning Commission resolution. 20.65.070 Alteration of platted utility easements E. A planning commission decision under this section is final. A notice of decision shall be sent to the petitioner. No reapplication or petition concerning the same alteration to platted utility easement may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. If the reasons for denial are resolved, the petitioner may submit a new petition for alteration of platted utility easement with documentation that the issues have been resolved, accompanied by a new fee. F. An appeal of the planning commission decision under this section must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November, 2019 by Ordinance No. 2019-25. The relevant objectives are listed. Page 2 of 3 Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to local and regional facilities, activities, programs and services. - Focus Area: Energy and Utilities o Objective A -Encourage coordination or residential, commercial, and industrial development with extension of utilities and other infrastructure. ■ Strategy 1. Near— Term: Maintain existing easements (especially section line easements) in addition to establishing adequate utility rights of way or easements to serve existing and future utility needs. ■ Strategy 2. Near— Term: Maintain regular contact with utility operators to coordinate and review utility easement requests that are part of subdivision plat approval. ■ Strategy 3. Near— Term: Identify potential utility routes on Borough lands. - Housing o Objective D. Encourage efficient use of land, infrastructure and services outside incorporated cities by prioritizing future growth in the most suitable areas. ■ Strategy 1. Near— Tenn: Collaborate with the AK Department of Transportation, incorporated cities within the borough, utility providers, other agencies overseeing local services, and existing communities located adjacent to the undeveloped areas that are appropriate for future growth, to align plans for future expansion of services to serve future residential development and manage growth. END OF STAFF REPORT Page 3 of 3 z Q •t 0 y > u co o � � L C O � L v N f0 = W d 00 Y mot• (CQ _1 G l Q kL V ,64 a�� F IL . ' o .. �. Lo Y O Lo (V � � r r �5 u I t lit e Z La a Q _ - _ - - _ tt do t 4 4 ` _- Ir !k - z; r i t W. N W i j 3<a�:'6'a�$«�y5 5� _ .E 9�; 6e.° "� 6 �� I SEA rq •5 5 `(� I:,��- a,n! A pl-1 's. �� „a`; �o• •sq �]f€ P jj «°' .... j • <;�. elm �« :�. s- ° «"s as?�:s' ��o �� �'�� wa•\ ,I a M ..92 . o se 5 0 =5 6oaFay., a;e a m4"'a°a;a? i# e _.�� � ozaone:6�r:�€ a. •. ens"°-'a€:,.°s.<<•. ,�;•Sa va: ,� e.•1„I.. 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PLANNING &ZONING DEPARTMENT K F- A' TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: March 19, 2025 SUBJECT: Resolution No. PZ2025-05 — Preliminary Plat — Black Gold Estates 2025 Replat Request The applicant is proposing a preliminary plat to merge Lots 11, 12, 16, 17 and 60 feet of Right -of -Way in Black Gold Estates Subdivision. Staff Adopt Resolution No. PZ2025-05 recommending conditional approval Recommendation of Preliminary Plat — Black Gold Estates 2025 Replat merging Lots 11, 12, 16, 17 and 60 feet of Right -of --Way into a single Lot. Applicant: McLane Consulting Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Alex Douthit Legal Descriptions: Lots 11, 12, 16, 17 & 60 Feet of Right -of -Way Property Addresses: 2705 & 2707 Windflower Drive 2712 & 2714 Wildwood Drive KPB Parcel Nos.: 03904007, 03904008, 03904011, 03904012 Zoning District: Suburban Residential (RS) Land Use Plan: Suburban Residential (SR) Surrounding Uses: General Commercial, Suburban Residential SUMMARY A preliminary plat has been submitted from McLane Consulting on behalf of Alex Douthit for a replat of Lots 11, 12, 16, 17 and 60' of unnamed Right -of -Way (ROW) in the Black Gold Estates Subdivision to create one Lot. The subject lots are located between Wildwood Drive and Windflower Drive near the intersection of the Kenai Spur Highway and Wildwood Drive. The subject lots as well as the unnamed Right -of -Way are unimproved. If approved, the merging of the four (4) subject Lots and the vacation and subsequent merging of the unnamed ROW will result in a single approximately 0.937-acre parcel. 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 Suburban Residential (RS) zoning district. The merged parcel will have primary access off of Wildwood Drive, which is a City maintained paved road. City sewer and water are available along Wildwood Drive. The Public Works Director, Fire Marshal, and Building Official have reviewed the preliminary replat and have no comments. Right of way along Wildwood Drive has been previously been contested. The City of Kenai is working with Kenai Native Association and State of Alaska to address any and all potential ownership issues. This process is ongoing, and pending the results of those discussions, the City of Kenai has not reached a final decision on the vacation of the unnamed 60' ROW. The City is currently awaiting documentation from the Kenai Native Association that would allow City Council to determine there is no public benefit to retaining the unnamed 60' ROW. The City does not object to the merger of the four parcels, Lots 11, 12, 16, &17, and does not wish to stymie potential development along this corridor. Staff finds that the preliminary plat for a replat of Lots 11, 12, 16, 17 & 60' of unnamed ROW 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 utilities/access easements, provides a satisfactory and desirable building site, and the accessible water and wastewater systems are subject to the regulatory requirements of the City of Kenai Public Works Department. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of four lots 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 RS zoning district of 7,200 square feet (0.165 acre), the resulting lot sizes of this subdivision will be approximately 0.937-acre. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and accesslutility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. Resolution No. PZ2025-05 Preliminary Plat Black Gold Estates 2025 Replat Page 9 E2-12 STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Black Gold Estates 2025 Replat to replat Lots 11, 12, 16, 17 and 60 feet of unnamed ROW 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 conditional approval of Resolution No. PZ2025-05 for a replat of Lots 11, 12, 16, 17 and 60 feet of unnamed ROW to 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. The Kenai City Council must declare the unnamed sixty -foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. ATTACHMENTS Aerial Map Application Preliminary Plat, Black Gold Estates 2025 Replat Resolution No. PZ2025-05 Preliminary Plat Black Gold Estates 2025 Replat Page 10 E2-13 VW O a) d N 01 2 j C O o c o O On V > 'Cp > E E c E °' Cn H N U0 7 CD c IS 15 E a= 'co 3 m m c� rn.>_ Y J J d tz Ll 2+ 7 7 Q V_ O N [Cp N C l7 m OC l7 m C @ O d ■ E a d J I Cl) [r i fir ILI � .. Page 11 a. Q r �low NMI Preliminary Plat Subsnittal Form -A-vo Irv] A! ...... . . .... ... . ... . ■ Name; _TM -CUM cmumng Mailing Address: Chy: soidotna SIAW AX Zip Code- MW Phone Number(s): Email - Name: Alwwnder0*u9* Mailing Address: City: Kenai IState:JAK JZIpCode: 1096111 Phone Number(s): Emall: a. Kenai Perdnsula Borough Parcel 9: D39Qd021_ Current City Zoning; Suburban Residential Usa: 0 Residential 0 Recreational 0 Commercial 0 Other. Water. 13 On Site I@ CRY a community Sewer M on site M CRY M C4rnmunity AM Preliminary Plat Name, Black Gold Estates 2025 Replat Revised Prellmhay Plat Name: Vacation of Public Right -of -Way, a yes 0 No Sheet Name (if vacating ROW� Unnamed W sbael per K1399 Exceptions Required and Requested: Comments: This is a plat that intends to vacate ft 60' street adjacent to Wildwood Drive, the common M fines i between Lots 11, 12, 16 & 17, and the associated utility easement with those common lot lines. WildWood Drive is a 12W iW4 of way that Is constructed and tAlIzed for ingmsslegress of traft. Cairlificate to Plat 19 0) 2V x 3W Plat P (2)11"xirftb F; Signature: j —T-- I Date: of Print Name: I Aftar-da DOUM 17awsusinm; McLNE _ CONSULTING, INC. P.O. Box 468 Soldotna, Alaska 99669 (907) 283-4218 fax (907) 283-3265 TO: City of Kenai Planning and Zoning Department 210 Fidal. o Avenue Kenai, Alaska 99611 We are sending you: ® Attached DATE: JAMARY 28, 2025 # 25M A'iTEMMON: Platting and Zoning Department RE' Black Gold Estates 2025 Rel lat KBP File 2025-XXX PRELIMINARY PLAT From: Andrew Hamilton ❑ Under separate Cover Via: Delivered 7 Blackiine Prelim Plat full size 2 Prelim Plat M17" size 1 Certificate to Plat 1 Cih• of Kenai/KPB Owner Submittal Forms Reason for Transmittal Checked Below: ❑ FOR APPROvAi ❑ As REQUESTED ❑ APPROVED AS SUBMITTED ® FOR YOUR USE is APPROVED As NOTED ❑ RETURNED FOR CORRECTIONS Copy to. File ❑ REVIEW/COMMENT Signed: Andrew Hamilton Page 13 E2-16 Subdivision Guarantee FirstAmezican ride �av-' Goal rantee Issued by First American Title insurance Company GUARANTEE NUMBER 5033602-0229-4229879 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN MU INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES the Assured named In Schedule A against actual monetary loss or damage not exceeding the liability stated In Schedule A, which the Assured shall sustain by reason of any incorrectness In the assurances set forth In Schedule A. FIRST AMMICAN TITLE INSURANCE COMPANY Rennet& 0. DeGlorglo, President By: us& W. Comehl,r Secretary This jacket was created electronically and constitutes an original document First Amerlwo Tide Insurm a Comapapy Steven Taylor on behalf of Dustyn Fergus, Title Officer S033602 (4-1048) PPage i of 8 Page 14 CLTA 14 Subdivision Guarantee E2-17 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or tents on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the retards of the taxing authority or by the public records. (c) (1) llnpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the maths excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters; whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result In the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then orgy to the extern of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such actin or proceeding. F77 5033ti02(4-10-18) age 2 of 8 i - 4. Company's Option to Dek-nd or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited In (b), or to do any other act which In Its opinion may be necessary or desirable to establish the tine to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to eject for reasonabte cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right; in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all CL.TA 14 Subdivision Guarantee (4-10-i5:• Alas4 �l E2-18 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) S. 6. reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shah terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the lass or damage. The proof of loss or .damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. in addition, the Assured may reasonably be required to submit to examination ureter oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at Such reasonable times and places as may be designated by any authorized representative of the CompaM all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the lass or danuW. Further, if requested by arty authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee m the Assured for that claim. Options to Pay or Otherwise Settle Claim, Termination of Liability. In case of a claim under this Guarantee, the Company shall have the followirig additional options: (a) To Pay or Tender Payment of the Amount of Uabiltty or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the bent of a holier of a mortgage or a lienholder, the Company gall have the option to purchase the Indebtedness secured by said mortgage or said hen for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defers or pro=Mon of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for Cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or with the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any cow, attorneys' fees and expenses incurred by the Assured dalmant which were authorized by the Company up to Hie time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the datmed loss or dame, other than to make the payment required in that paragraph, snail terminate, including any obligation to continue the defense or prosertion of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liab6ky. This Guarantee Is a contact of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or In Part 2, (b) the amount of the unpaid prin dpal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section b of these Conditions .and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with► interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of ilea estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures arty other matter assured against by this Guarantee in a reasonably diligent manner by E2-19 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of 12. Arbitration. any appeals therefrom, it shall have fully performed Its Unless prohibited by applicable law, either the Company or the obligations with respect to that matter and shall not be Assured may demand arbitration pursuant to the Title Insurance liable for any loss or damage caused thereby. Arbitration Rules of the American Lard Title Association. Arbitrable (b) in the event of any litigation by the Company or with the matters may Include, but are not limited to, any controversy or Company's consent, the Company shall have no liability claim between the Company and the Assured arising out of or for loss or damage until there has been a final relating to this Guarantee, any service of the Company in determination by a court of competent jurisdiction, and connection with its issuance or the breach of a Guarantee provision disposition of all appeals therefrom, adverse to the title, or other obligation. All arbGable matters when the Amount of as stated herein. Liability is $2,OOD,000 or less shall be arbitrated at the option of (c) The Company shall not be liable for loss or damage to either the Company or the Assured. All arbitrable matters when the any Assured for liability voluntarily assumed by the amount of liability is in excess of $2,ODO,000 shall be arbitrated only Assured in settling any claim or suit without the prior when agreed to by both the Company and the Assured. The Rules written consent of the Company. in effect at Date of Guarantee shall be binding upon the parties. 9. Reduction of Liability or Termination of Liability. The award may include attorneys' fees only if the laws of the state All payments under this Guarantee, except payments made in which the land Is located permits a court to award attorneys' fees for costs, attorneys' fees and expenses pursuant to Paragraph to a prevailing party. ]udgment upon the award rendered by the 4 shall reduce the amount of liability pro tanto. Arbitrator(s) may be entered in any court having jurisdiction 10. Payment of Lam. thereof. (a) No payment shall be made without producing this The law of the sites of the land shall apply to an arbitration under Guarantee for endorsement of the payment unless the the Title Insurance Arbitration Rules. Guarantee has been lost or destroyed, In which case A copy of the Rules may be obtained from the Company upon proof of loss or destruction shall be furnished to the request. satisfaction of the Company. 13. Liability Limited to This Guarantee, Guarantee Entire (b) When liability and the extent of loss or damage has been Contract definitely fixed in accordance with these Conditions and (a) This. Guarantee together with all endorsements, if any, Stipulations, the loss or damage shall be payable within attached hereto by the Company is the entire Guarantee and thirty (30) days thereafter, contract between the Assured and the Company. In 11. Subrogation Upon Payment or Settlement. interpreting any provision of this Guarantee, this Guarantee Whenever the Company shall have settled and paid a claim shall be construed as a whole. under this Guarantee, all right of subrogation shalt vest in the (b) Any claim of loss or damage, whether or not based on Company unaffected by any act of the Assured claimant negligence, or any action asserting such claim, shall be The Company shall be subrogated to and be entitled to all restricted to this Guarantee. rights and remedies which the Assured would have had (c) No amendment of or endorsement to this Guarantee can be against any person or property in respect to the claim had this made except by a writing endorsed hereon or attached hereto Guarantee not been Issued. If requested by the Company, signed by either the President, a Vice President, the Secretary, the Assured shall transfer to the Company all rights and an Assistant Secretary, or validating officer or authorized remedies against any person or property necessary in order to signatory of the Company. perfect this right of subrogation. The Assured shall permit the 14. Notices, Where Sent Company to sue, compromise or settle in the name of the All notices required to be given the Company and any statement in Assured and to use the name of the Assured in any writing required to be furnished the Company shall include the transaction or litigation involving these rights or remedies. number of this Guarantee and shall be addressed to the Company If a payment on account of a claim does not fully cover the at First American Ttiie Insurance Company, Attn: Claims loss of the Assured the Company shall be subrogated to all National Intake CenW, I First American Way, Santa Ana, rights and remedies of the Assured after the Assured shall California 92707 C1aIms.NJ1C0f1rsftm.sa Phone: 88"32- have recovered its principal, interest, and costs of collection. 1642 Fax: 877-W4-7606 omt 5033602 (4-id-18) 4 of 6 Page 17 CLTA 14 Subdivision Guarantee E2-20 Subdivision Guarantee Fzmt r arican 71"tte I,ED BY First American Title Insurance Company Schedule A GUARANTEE NUMBER 4229879 Order No.: 4229879 liability: $300.00 Fee: $300.00 Tax: $N/A Name of Assured: McLane Consulting Inc Date of Guarantee: December 23, 2024 The assurances referred to on the face page hereof are: 1. Tine-3 vests in: Alexander Douthit, as to Lots 11,12 and 16 of Block 8 and Alen Douthit, a married man, as to Lot 17 of Block 8 2. That, according to the Public Records relative to the land described In Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affewng title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee: A. tlnpatenbed Mining Claims, reservations or exceptions in patents or in ads authorizing the Issuance thereof. B. Water rights, claims or title to water, C. Tax Deeds to the State of Alaska. D. Documents pertaining to mineral estates, 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant bo the provisions of A.S. Section 38.04.045 and A.S. Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It Is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attad*ed hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it E2-21 MmtAmer ican Tile"" Schedule B File No.: 02-29-4229879 Subdivision Guarantee ISSUED BY First ,American title Insurance Company GUA WTM NUMBER 4229879 7. Reservations or exceptions In patents or In acts authorizing the issuance thereof. 8. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2024, (Property Tax Division 907-714-2-304; Assessment Department 907-714-2230). Tax ACCOUnt No.: q39-Q,1-P-y7' — Levied Amount: $93.54 Balance Due: $0.00 Due Date: 1st half September 15th and 2nd half November 15th 91 entire Amount due October 15th Land Valuation: $10,800.00 Improvements: $0.00 Affects. Lot 11 of Block 8 9. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2024, (Property Tax Division 907-71+2304; Assessment Department 907-714-2230): Tax Account No.: 439-+)404)8 Levied Amount: $93.54 Balance Due: $0.00 Due Date: 1st half September 15th and 2nd half November 15th SE entire Amount due October 15th Land Valuation: $10,800.00 Improvements: $0.00 Affects: Lot 12 of Block 8 10. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2024, (Property Tax Division 907-714-2-304, Assessment Department 907-714-2230): Tax Account No.: 939-1140.3 t Levied Amount: $24.26 Balance Due: $0.00 Due Date: 1st half September 15th and 2nd half November 15th 9L entire Amount due October 15th Land Valuation: $2,800.00 Improvements: $0.00 Affects: Lot 16 of Block 8 foTM 5033602 (4-10-18) age 6 of 8 ` CLTA 14 Subdivision Guarantee (4-10-7 11. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2024, (Property Tax Division 907-714-2304; Assessment Department 907-714-2230): Tax Account No.: 839-e�A 1_.2 _ Levied Amount: $000 Balance Due: $0.00 Due bate: fst half September 15th and 2nd half November 15th or. entire Amount due October 15th Land Valuation: $2,800.00 Improvements: $0.00 NOTE: Possible liability for additional general taxes for the current and/or prior years in the event the exemption applied is not applicable to the present ownership of said premises. Affects: Lot 17 of Block 8 12. Assessments, if any due The City of Kenai. (Information to follow) 13. Reservation of an easement for highway 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 7,1958; and DepadTnent 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. 14 Right of Way Easement, including the terms and provisions thereof, granted to Kenal Power Corporation, and Its assigns and/or successors in interest, to construe, operate and maintain an electric transmission and/or telephone distribution line or system by instrument, Recorded: June 1, 1958 Recording Information: rc ,,2 31 Affects: Blanket Easement Easement rights were assigned to the City of Kenai by an assignment, Recorded: December 31, 1963 Recording Information: 8 k 11 paele 188 15. Right of Way Easement; including the terms and provisions thereof, granted to Homer Electric Association, Inc., and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: December 5,1958 Recording Information: Be^: 2 ftq64 Affects: Blanket Easement 16. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 17. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 18. Covenants, conditions and restrictions, as shown on the Plat of said subdivision. NOTE: We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security ingest in the subject property. 5033602 (4-10-18) age 7 0f 8 CLTA 14 SubdMdan Guarantee Page 20 Subdivision Guarantee -JAIL '01111111111..: FE oric v rides' MUM By I First American Title Insurance Company I Schedule�N 4229879 File No.: 0229-4229879 The land In the Recording District of Kenai, Mate of Alaska, described as follows: Lots 11, 12, 16 and 17 Black 6, BLACK GOLD ESTATES SUBDIVISION, AMENDED, according to the official plat thereof, Fled under Plat Number t:-13+?9, Records of the Kenai Recording District, Third Judicial District, State of Alaska. I�I orm 5033602 (4-10-18) age 8 of 8 CLTA 14 SubdKdsion Guarantee (4-10-75 l _ Page 21 - Ala E2-24 E is gi dl I Z iz�6m $nag I5,g n Ell OFF oHIE e a W3 € G gsr`�8 Lei Ez I a z Q oQ�C -6 tf a s M-�o$6aW .°.. :aaio s`z3 MID ��a� �m<, < o8�a» I . m 6 0 � € o a 8 ze of .8 W�Wff I o $ es es 5 SED&. Sizs f Ssa I�R �I ®o o • � 'ii ?aza'a �S� SY�� .Tb'GED[� ,9VZ09[ _ _ _ _ _ _ _ _ _ _ _ _ 9ZNOLL}]5 •BB'6E9Z 3.DDZD.W ^J` Iff 2 S9NItlWSMS6 . B. APPROVAL OF MINUTES 1. *Regular Meeting of March 12, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2026-05 — Recommending Conditional Approval of Preliminary Plat — Black Gold Estates 2025 Replat Merging Lots 11, 12, 16, 17 and 60 feet of Right -of -Way into a Single Lot in the Suburban Residential (RS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-05. Commissioner Pettey SECONDED the motion. Planning Director Buettner noted that a substitute staff report was provided in the laydown, provided an overview of the staff report, and explained the purpose of the plat was to merge four parcels and 60 feet of unnamed Right -of -Way (ROW) into one lot. It was noted that staffs recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-05. Alex Douthit, applicant, provided background regarding the plat and vacation of the portion of ROW. He explained and that the lot would be more suitable for development once merged. There was Commission discussion regarding the background of the unnamed ROW. Clarification was provided that this ROW was not involved in a dispute between the Kenai Native Association and the City of Kenai, and that a Conditional Use Permit is not needed for the proposed uses. VOTE: YEA: Twait, Woodard, Earsley, Pettey, Krause, Halstead NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. 2. PZ2026-15 -Recommending Approval of Preliminary Plat— Bailey Estates Karpik Rice Replat to Relocate the Lot Line Separating Lots 1 and 2, Bailey Estates Amended in the Suburban Residential 2 (RS-2) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2025-15. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-15, and explained the purpose of the plat was to adjust the lot lines between two lots, to allow a shop building to meet setback requirements. It was noted that staffs recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025- 15. VOTE: YEA: Earsley, Pettey, Woodard, Twait, Halstead, Krause NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. Planning & Zoning Commission Meeting Page 2 of 4 March 26, 2025 KrNAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www-kenai.city SENT VIA ELECTRONIC MAIL March 27, 2025 McLane Consulting PO Box 468 Soldotna, AK 99669 ahamilton@mclanecg.com RE: Notice of Recommendation - Resolution PZ2025-06 — Preliminary Plat — Black Gold Estates 2025 Replat Dear McLane Consulting: On Wednesday, March 26, 2025, the City of Kenai Planning and Zoning Commission recommended conditional approval of Resolution PZ2025-05 for Preliminary Plat Black Gold Estates 2025 Replat. An installation agreement is not required. Enclosed is a copy of the resolution. If you have any questions, please contact Planning & Zoning Department at 907-283-8237 or planning (a)-kenai.city. Sincerely, Beth McDonald Planning Administration Enclosure cc: Beverly Carpenter, KPB Planing Department (bcarpenter@kpb.us) KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-05 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE BLACK GOLD ESTATES 2025 REPLAT ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: 2712 & 2714 Wildwood Dr., 2505 & 2507 Windflower Dr, LEGAL DESCRIPTIONS: Lots 11,12, 16, 17, Block 8, Black Gold Estates Subdivision Amended KPB PARCEL NUMBERS: 03904007, 03904008, 03904011, 03904012 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, on behalf of the property owner, Alexander Douthit for a replat of Lots 11,12, 16, 17, Block 8, Black Gold Estates Subdivision Amended; 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 Wildwood Drive (a City -maintained paved road) and Windflower Drive (a city -designated right of way and undeveloped road); and, WHEREAS, A 10-foot easement for utilities is granted along the southeast boundary of current Lots 11 & 12 adjacent to the existing 120-foot Wildwood Drive right-of-way; and, WHEREAS, the owner is requesting a vacation of a 10-foot utility easement between the southeast boundary of current Lots 16 & 17 and the northwest boundary of current Lots 11 & 12; and WHEREAS, the owner is requesting a vacation of a 60-foot by 156-foot public right of way along the southeastern boundary of the new lot; and, WHEREAS, the City does not have a public interest in retaining the 60-foot by 156-foot public right 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: Resolution No. PZ2025-05 Page 2 of 2 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 satisfactory and desirable building sites, and the on -site water and sewer systems will be subject to the regulatory requirements of the Public Works Department; and, 2. 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 of 7,200 square feet, the proposed lot is approximately 40,816 square feet (0.937 acre). 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Black Gold Estates 2025 Replat 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. The Kenai City Council must declare the unnamed sixty -foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26"' DAY OF FEBRUARY, 2025. ATTEST: 9� f Meghan Thibodeau, Deputy City Clerk JOE HALSTEAD, CHAIRPERSON E2-29 KENAI PENINSULA Borough Planning Department 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2200 1 (F) 907-714-2378 1 www.kpb.us NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement in the City of Kenai was received on 4/4/2025 by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius or you are an affected party. Request / Affected Property.: Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Petitionerfsl/ Land ownerls?.: Alexander Douthit of Kenai, AK. Purpose as stated in petition: Vacate a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 28, 2025 commencing at 7:30 p.m., or as soon thereafter as business permits. The meeting is being held in person at the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 N. Binkley Street, Soldotna, Alaska. This meeting will also be held via Zoom, or other audio or video conferencing means whenever technically feasible. To attend the meeting using Zoom from a computer visit https://us06web.zoom.us/V9077142200. You may also connect to Zoom by telephone, call toll free 1-888-788-0099 or 1-877-853-5247. If calling in you will need the Meeting ID of 907 714 2200. Additional information about connecting to the meeting may be found at https://www.kpb.us/local-governance-and-permittinnde commission/planning-public-notices. Anyone wishing to testify may attend the meeting in person or through Zoom. Written testimony may be submitted by email to planning@kpb.us, or mailed to the attention of Beverly Carpenter, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. [Written comments may also be sent by Fax to 907-714-2378]. All written comments or documents must be submitted by 1:00 PM, Friday, April 25, 2025. The deadline to submit written comments or documents does not impact the ability to provide verbal testimony at the public hearing. Additional information such as staff reports and comments are available online. This information is available the Monday prior to the meeting and found at _,/kub.legistar.comi�-aienaar.aspx. Use the search options to find the correct timeframe and committee. For additional information, contact Sandee Simons (ssimons@kpb.us) or Beverly Carpenter (BCarpenter@kpb.us), Planning Department, 714-2200 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). Mailed 4/10/2025 30 Ln N O CO CL m 'c 'u o T � W a 1S-3Id•JN11S=N33ItEM3A3�+� u� -�--_ O,i ol aj -J iy c F DIYAD m > m N N lk� N r" N co �t W Ln N T-4 vwY u- z o aoZ� �4 M-- CJ d�o 00 0 OT a� 0 0 N 0 0 C= R A ma's I o a - miia yy � p w mi[a I- z am Oo ` \ \ W 0 N N tA 2 \¢ g 8 I Wfiu poi S sa I a € �LLu�.°3�z° o3m d£ Nx 8 aof s� I Z.,,ogo 0 c poc�� c E �' w!w ! W 2IJHge� a Eio i I S F. fit6g3Q � e a Dens w &�P"om2�oe'�za�"0 �J �.F., 3 Fzm gg=z�g owd I I Ella z a Zhu Q =g�, O t� �f �3^opt s� ��� E� I I z a g _ :2 Zg x 8 o MtZ��g5zf o� ��G� WGWc���R zo9xw I o ; � ? Qaoo � p W O • • V sad �d 6d S�m O ` .. 1 g R 0E _ NOOJ__ 9Z NONJ35 ,a8'6E9L �� _ ,IYL£Oi� ,9YZ09I — _ 3.06,ZO.W 66M .s�Nrone ea stsve. A KENAI PENINSULA Borough Planning Department 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2200 1 (F) 907-714-2378 1 www.kpb.us NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement in the City of Kenai was received on 4/4/2025 by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius or you are an affected party. Request Affected Property: Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Petitioner(s )/ Land owner(s): Alexander Douthit of Kenai, AK. Purpose as stated in petition: Vacate a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 28, 2025 commencing at 7:30 p.m., or as soon thereafter as business permits. The meeting is being held in person at the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 N. Binkley Street, Soldotna, Alaska. This meeting will also be held via Zoom, or other audio or video conferencing means whenever technically feasible. To attend the meeting using Zoom from a computer visit https://us06web.zoom.ustj/9077142200. You may also connect to Zoom by telephone, call toll free 1-888-788-0099 or 1-877-853-5247. If calling in you will need the Meeting ID of 907 714 2200. Additional information about connecting to the meeting may be found at https://www.kl2b.us/local-governance-and-permitting/leadership-governance/planninci- commission/planning-public-notices. Anyone wishing to testify may attend the meeting in person or through Zoom. Written testimony may be submitted by email to planning@kpb.us, or mailed to the attention of Beverly Carpenter, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. [Written comments may also be sent by Fax to 907-714-2378]. All written comments or documents must be submitted by 1:00 PM, Friday, April 25, 2025. The deadline to submit written comments or documents does not impact the ability to provide verbal testimony at the public hearing. Additional information such as staff reports and comments are available online. This information is available the Monday prior to the meeting and found at https:/Ikpb.,egistar.com,'�-aiciivai.a�i.:,.. Use the search options to find the correct timeframe and committee. For additional information, contact Sandee Simons (ssimons@kpb.us) or Beverly Carpenter (BCarpenter@kpb.us), Planning Department, 714-2200 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). Mailed 4/10/2025 MR 0— m NO OQ`yL,�Py WO O as Q J Z C z .�. a C Q � uZa M �z c+n 1S=3=1W) R. m a) u 0 0 N 0 0 C a� 9t o o E LL �'da�iFW 2zm \Q- z C 4 �2 �WZm -vVi FO ��u 3w affi� PRI5 �' $- g8 i \ pp;f O o Oaf �Sffoa H��� Osa `j i gzziUM M W$ 115 11 Oil 8z o ax q Q l g� �gQ � I orc63� V .�ao������ uN Sry 8 Ion Sa 1 Fa�l;rV���Hor�rvw If JW: MINIMUM" Ohl $��mo6Ioff==UM" O= nW ` g5 p ry m a j3 W W ios' p 3 1H m g€ Ali- SC NOLL735 ,lY[EOt� ,9Y2091 9Z NOLL]39 98'6E9Z �— — — — — 3AQ20.905 6fiESM .s:nnuv3e as stsie. � K ENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-05 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE BLACK GOLD ESTATES 2025 REPLAT ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: 2712 & 2714 Wildwood Dr., 2505 & 2507 Windflower Dr. LEGAL DESCRIPTIONS: Lots 11,12, 16, 17, Block 8, Black Gold Estates Subdivision Amended KPB PARCEL NUMBERS: 039D4007, 03904008, 03904011, 03904012 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, on behalf of the property owner, Alexander Douthit for a replat of Lots 11,12, 16, 17, Block 8, Black Gold Estates Subdivision Amended; 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 Wildwood Drive (a City -maintained paved road) and Windflower Drive (a city -designated right of way and undeveloped road); and, WHEREAS, A 10-foot easement for utilities is granted along the southeast boundary of current Lots 11 & 12 adjacent to the existing 120-foot Wildwood Drive right-of-way; and, WHEREAS, the owner is requesting a vacation of a 10-foot utility easement between the southeast boundary of current Lots 16 & 17 and the northwest boundary of current Lots 11 & 12, and WHEREAS, the owner is requesting a vacation of a 60-foot by 156-foot public right of way along the southeastern boundary of the new lot; and, WHEREAS, the City does not have a public interest in retaining the 60-foot by 156-foot public right of way; and, WHEREAS, City water and sewer lines are available to the tot; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: Resolution No. PZ2025-05 Page 2 of 2 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utildleslaccess easements, provides satisfactory and desirable building sites, and the on -site water and sewer systems will be subject to the regulatory requirements of the Public Works Department; and, 2. 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 of 7,200 square feet, the proposed lot is approximately 40,816 square feet (0.937 acre). 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and accessfutility 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 Black Gold Estates 2025 Replat 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. The Kenai City Council must declare the unnamed sixty -foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26 h DAY OF FEBRUARY, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: f �r Meghan Thibodeau, Depu#1f City Clerk KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 26, 2026 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JOE HALSTEAD, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on March 26, 2025, in City Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Halstead led those assembled in the Pledge of Allegiance. 2, Roll Call There were present: Joe Halstead, Chair Glenese Pettey Stacie Krause A quorum was present. Absent: Diane Fikes Jeff Twait, Vice Chair Sonja Earsley Gwen Woodard Also in attendance were: Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda Chair Halstead noted the following additions to the Packet: Add Item 0.1 Staff Report • Updated Staff Report for PZ2025-05 MOTION: Vice Chair Twait MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Halstead opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Planning & Zoning Commission Meeting Page 1 of 4 March 26, 2025 B. APPROVAL OF MINUTES 1. *Regular Meeting of March 12, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-05 — Recommending Conditional Approval of Preliminary Plat — Black Gold Estates 2025 Replat Merging Lots 11, 12, 16, 17 and 60 feet of Right -of -Way into a Single Lot in the Suburban Residential (RS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-05. Commissioner Pettey SECONDED the motion. Planning Director Buettner noted that a substitute staff report was provided in the laydown, provided an overview of the staff report, and explained the purpose of the plat was to merge four parcels and 60 feet of unnamed Right -of -Way (ROW) into one lot. It was noted that staff's recommendation is approval subject to the .conditions specified within the staff report as attached to Resolution No. PZ2025-05. Alex Douthit, applicant, provided background regarding the plat and vacation of the portion of ROW. He explained and that the lot would be more suitable for development once merged. There was Commission discussion regarding the background of the unnamed ROW. Clarification was provided that this ROW was not involved in a dispute between the Kenai Native Association and the City of Kenai, and that a Conditional Use Permit is not needed for the proposed uses. VOTE: YEA: Twait, Woodard, Earsley, Pettey, Krause, Halstead NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. 2. PZ2025-15 -Recommending .Approval of Preliminary Plat— Bailey Estates Karpik Rice Replat to Relocate the Lot Line Separating Lots 1 and 2, Bailey Estates Amended in the Suburban Residential 2 (RS-2) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2025-15. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-15, and explained the purpose of the plat was to adjust the lot lines between two lots, to allow a shop building to meet setback requirements. It was noted that staffs recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025- 15. VOTE: YEA: Earsley, Pettey, Woodard, Twait, Halstead, Krause NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. Planning & Zoning Commission Meeting Page 2 of 4 March 26, 2025 3. PZ2025-16 — Recommending Approval of Preliminary Plat— Highlands Subdivision 2025 Replat Merging Lots 10,11 and 12 into a Single Lot in the Rural Residential (RR) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-16. Commissioner Pettey SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-16, and explained the purpose of the plat was to merge three lots into a single lot. It was noted that staffs recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025-16. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS — None. G. UNFINISHED BUSINESS Discussion — Aspen Creek, 701 N. Forest Drive Conditional Use Permit It was reported that there were no new developments to the issue; that construction was anticipated to finish during the first week of May; and that City staff visited the site and noted less traffic than their visit a few months prior. Clarification was provided that the vehicles observed were mostly pickup trucks, but ownership of the vehicles cannot be confirmed. It was noted that this discussion will be continued on the next Commission meeting agenda. 2. Discussion - Schedule a Work Session Meeting for May 14, 2025 at 5:30 pm to discuss Conditional Use Permits. The work session was scheduled for May 14, 2025 at 5:30 p.m. H. NEW BUSINESS — None. I. REPORTS Planning Director — Planning Director Buettner reported on the following: • The Kenai Peninsula Borough will be holding public workshops on the Comprehensive Safety Action Plan, and a Joint Work Session with the City Council and Planning & Zoning Commission on April 16, 2025 at 5:00 p.m. 2. Commission Chair — Chair Halstead noted that it would be his last meeting due to a schedule change with his new employment, and expressed appreciation for his time working on the Commission. 3. Kenai Peninsula Borough Planning — No report. 4. City Council Liaison — No report. J. ADDITIONAL PUBLIC COMMENT Arlys Miskinis, resident, expressed concerns with the Aspen Creek Conditional Use Permit; reported that there was an "emergency vehicles only" sign on Ponderosa Street; that she had continued to Planning & Zoning Commission Meeting Page 3 of 4 March 26, 2025 observe increased traffic; and that Aspen Creek had not installed a street camera to monitor traffic. She discussed speed limits and signage in residential neighborhoods. K. NEXT MEETING ATTENDANCE NOTIFICATION 1, Next Meeting: April 9, 2025 It was noted that the April 9, 2025 meeting would be cancelled due to lack of agenda items. Commissioner Krause noted that she would attend remotely at the April 23, 2025 meeting. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Woodard stated that it had been nice serving with Chair Halstead. Commissioner Pettey noted that she would be absent at the April 23, 2025 meeting. M. PENDING ITEMS — None. N. ADJOURNMENT O. INFORMATIONAL ITEMS — None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:32 p.m. I certify the above represents accurate minutes of the Planning &.Zoning Commission meeting of March 26, 2025. Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting Page 4 of 4 March 26, 2025