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HomeMy WebLinkAboutResolution No. 2025-527/ / Sponsored by: Administration KPNAI CITY OF KENAI RESOLUTION NO. 2025-52 A RESOLUTION DECLARING A RIGHT-OF-WAY FOR A 60' BY 230' PORTION OF SIXTH STREET AS DEDICATED BETWEEN LOTS 2 & 3, KENAI MEADOWS ADDITION NO. 1 (PLAT 2023-48), NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION. WHEREAS, on May 14, 2025, by substitute Resolution No. PZ2025-19 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve the preliminary plat of Kenai Meadows Addition No. 2 with a vacation of 230 feet of the 60-foot wide right-of- way between Lots 2 & 3, Kenai Meadows Addition No. 1 (Plat 2023-48), subject to Council approval of the vacation; and, WHEREAS, on the preliminary plat of Kenai Meadows Addition No. 2, a new 60-foot wide right-of-way for Sixth Street is dedicated and extended to 480 feet, connecting to a new 60-foot by 957.59-foot right- of-way north of and parallel to Redoubt Avenue; and, WHEREAS, the newly dedicated right-of-way for Sixth Street is sixty feet east of the existing right-of-way being vacated; and, WHEREAS, the new proposed block length does not exceed block lengths as described in Kenai Municipal Code 14.10.070 (d) — Blocks; and, WHEREAS, on July 14, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved, subject to Council approval, the vacation of a 60' by 230' portion of Sixth Street between Lots 2 & 3, Kenai Meadows Addition No. 1 (Plat 2023-48); and, WHEREAS, consideration of the vacation is in accordance with Alaska Statutes 29.40.140 that requires the consent of the City Council prior to vacation of city right-of-way; and, WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states City Council may vacate rights -of -way or easements by resolution; and, WHEREAS, there is no needed public use for the existing 60' by 230' right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The 60' by 230' right-of-way portion of Sixth Street between Lots 2 & 3, Kenai Meadows Addition No. 1 (Plat 2023-48) is not needed for a public purpose, and the Council of the City of Kenai consents to the vacation of the 60' by 230' right-of-way as set forth on the attached Exhibit "A ". Section 2. That this resolution takes effect immediately upon pa;;76THDA ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AU2025. ATTEST: C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] tedt; V"rce Mayor KINAI City of Kenai 1 210 Fic algo Ave, Kenai, AK 99611-7794 1907.283.75351 www.6nai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: July 30, 2025 SUBJECT: Resolution No. 2025-52 - Declaring a Right -of -Way for a 60' by 230' Portion of Sixth Street as Dedicated Between Lots 2 & 3, Kenai Meadows Addition No. 1 (Plat 2023-48), and as Set Forth on the Attached Exhibit "A" is not Needed for a Public Purpose and Consenting to its Vacation. On May 14, 2025, the Planning and Zoning Commission passed substitute Resolution PZ2025- 19 recommending the approval of the Kenai Meadows Addition No. 2 preliminary plat subject to the following condition: the Kenai City Council must declare the sixty -foot right-of-way of Sixth Street not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. On July 14, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved the vacation, subject to Council approval, of a 60' by 230' portion of Sixth Street between Lots 2 & 3, Kenai Meadows Addition No. 1 (Plat 2023-48) during their regularly scheduled meeting. 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 (KMC) 22.05.110 - Determination as to Need for Public Purpose, provides the Kenai City Council may vacate rights -of -way or easements by resolution. On the conditionally approved preliminary plat of Kenai Meadows Addition No. 2, a new 60-foot wide right of way for Sixth Street is dedicated and extended to 480 feet, connecting to a new 60- foot by 957.59-foot right-of-way north of and parallel to Redoubt Avenue. This new right-of-way is located sixty feet to the east of the existing right-of-way being vacated. The new block length does not exceed block lengths as described in KMC 14.10.070 (d) — Blocks. 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 230' right-of-way Borough Planning Commission Meeting Action Agenda Pertinent Materials from Borough Planning Commission Meeting Minutes from May 14, 2025 City of Kenai Planning and Zoning Commission Meeting City of Kenai Planning and Zoning Commission Substitute Resolution PZ2025-19 Page 2 of 2 The City of Kenai I www.kenai.city e k s m O f� F3-<�'� O Ca O C� W Q�Yo EYsK E'$` o U U d m cd m3�mW & E' N$gOOiNi m ) a g � 3 VI Y < 7 $- 5 < < U �o<H <3 U $�S'm_lS'$' nbo - F' B � $ E- (:ij!m s��< as'a amg O BuB m O =g$a- u�Hb �ioio bag Z O Z ¢ YZ ¢¢ 6� U O Q O O a Z i I �N� la � $n ITN m� s_ I a Q�L e I Y� m N U ,09 m n Y~ n v7 y?Avg m n_ yy R rn 0l'lsez M 9100.00N 7aa-TS arDbunm4m m 1 ............... oyi w Q — — 0 Law3c Amon ,Dl � = Q ........ is N I o 09 0 zzz a <" Ve I o n 1 I o y Jh�r m g II saw G86L9- 1 ,LB'sB6 M,00,06o0N 7aa.a7S yIj:E� O 1 o f rn � Ftj ctp FI= r` T m - --E-- n 1.0.0911 3 00oo.0oN V. `+,' ' -' '�18T] T T I z IB -F �� o J I m n Lo n a n N - e n a n N L-1 t ' w I S mlq - a o J)iie ��II81 _1 �S Pyzt(I I i I �Eid I g rm� m T 1—f -11 -1 T ITTF -� m � U T TIlIS �a-L s —41 Ti T I T I T 1-T- T—r 1—r-_ TT f—f 7—T T 7 --m T 1 T 1—t - m oo'ocz 3 9r oaoos . —..—.. 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Navarre Kenai Peninsula Borough Administration Building and Through Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible Jeremy Brantley, Chair Sterling/Funny River ZOOM MEETING DETAILS Term Expires 2027 Zoom Meeting Link: https://us06web.zoom.usli/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 Pamela Gillham, Vice Chair Kalifornsky / Kosilof District A. CALL TO ORDER Term Expires 2026 B. ROLL CALL Virginia Morgan C. APPROVAL OF AGENDA AND CONSENT AGENDA Cooper Landing / Hope Eastern Peninsula District (Action items listed with an asterisk (*) are considered to be routine and non - Term Expires 2025 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.) Diane Fikes City of Kenai Term Expires 2025 ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *1. Time Extension Requests a. Graham -Miller Subdivision No. 3; KPB File 2023-067 Paul Whitney City of Soldotna b. Dairy Hill Subdivision Addition No. 1; KPB File 2023-057 Term Expires 2027 *3. Plats Granted Administrative Approval a. Holland Park 2024 Replat; KPB File 2024-073 b. Hubbard's View Subdivision 2024; KPB File 2024-129 Franco Venuti c. James 2022; KPB File 2022-161 City of Homer Term Expires 2025 d. Whiskey Gulch Beach Subdivision; KPB File 20256-007 Y *4. Plats Granted Final Approval a. Timber Hills Subdivision Martinez Addition; KPB File 2025-025 Karma England b. Lakeridge Subdivision 2025 Replat; KPB 2025-030 City of Seward c. Highlands Subdivision 2025 Replat; KPB File 2025-053 Term Expires 2026 d. Inlet Woods Subdivision 2025 Replat; KPB File 2025-024 *7. Minutes a. June 23, 2025 Planning Commission Meeting Minutes Jeffrey Epperheimer Nikiski District Term Expires 2026 Motion to approve the consent & regular agendas passed by unanimouos vote. (9-Yes) Dawson Slaughter South Peninsula District Term Expires 2025 D. UNFINISHED BUSINESS -None E. NEW BUSINESS Public Hearing: Quasi -Judicial Matters - (Commission members may not receive or engage in ex -pane 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. Plat Note Removal; KPB File 2025-084 Applicant: Grischuk Request: Removal of plat note "All lots within this subdivision must be connected to public sewer facilities prior to development" on Forest Acres Subdivision Afognak Addition, Plat SW 2006-011 City of Seward Motion to postpone until brought back by staff passed by unanimous vote (9-Yes) 2. Utility Easement Vacation; KPB File 2025-074V Seabright Surveying / Tracy Belieu & Carla Lee Fabian Living Trust Request: Vacates the 10-foot utility easement on the west & south boundary of Lot 4, Block 2, Paradise South Subdivision (HM 74-175). Vacates the 10-foot utility easement on the east and south boundary of Lot 4, Paradise South Subdivision Addition No. 1, HM 74-2356 City of Homer Motion to grant the vacation as petitioned passed by unanimous vote. (8-Yes, 1-Recused) 3. Right -Of -Way Vacation; KPB 2025-094V AK Lands / Walker, Davis Request: vacates the alley right-of-way between Lots 1 and 12, 13 & 14 of Block 9, the alley ROW between Lot 6 & Lot 12 of Block 6 and the First Avenue ROW north of Mill Street between Lots 12, 13 & 14 of Block 9 and Lots 2, 3, 4, 5 & 6 of Block 6, all of Cliff Addition to Seward Townsite, Plat SW No. 3 City of Seward Motion to grant the vacation as petitioned passed by unanimous vote. (9-Yes) 4. Right -Of -Way Vacation; KPB File 2025-097V McLane Consulting Group / Brown, Pannell Request: Vacates approximately 22,515 sq. ft. pertaining to a 10' ROW & cul-de-sac per Lake View Terrace #3 Phase 2, Plat KN1988-45 & 30' ROW per Steadman Subdivision, Plat KN 75-45 Sterling Area Motion to grant the vacation as petitioned passed by unanimous vote. (9-Yes) S. Right -Of -Way Vacation; KPB 2025-091 V Segesser Surveys / Kenai Peninsula Housing Initiative Inc. Request: Vacates approximately 13,800 square feet of Sixth Street including associated utility easement adjacent to Lot 2 Kenai Meadows Plat KN 2017-17 and Lot 3, abutting Tract Al, Kenai Meadows Addition No. 1, Plat KN 2023-48 City of Kenai Motion to grant the vacation as petitioned passed by unanimous vote. (8-Yes, 1-Recused) 6. Conditional Use Permit; PC Resolution 2025-11 Applicant: City of Soldotna Request: Install 80 linear feet of wooden fence parallel to the river Location: 349 Centennial Park Road City of Soldotna (Staff Person: Planner Morgan Aldridge) Motion to adopt Planning Commission Resolution 2025-11, granting a conditional use permit pursuant to KPB 21.18 passed by unanimous vote (9-Yes) 7. Conditional Use Permit; PC Resolution 2025-10 Applicant: SnoMads Request: Install a bridge across the Anchor River and an unnamed tributary to allow for ATV & Snowmachine crossing along the Watermelon Trail Anchor Point Area (Staff Person: Planner Morgan Aldridge) Motion to adopt Planning Commission Resolution 2025-10, granting a conditional use permit pursuant to KPB 21.18 passed by unanimous vote (9-Yes) 8. Conditional Use Permit; PC Resolution 2025-12 Applicant: State of Alaska DOT Request: To replace & upgrade a culvert along an unnamed anadromous stream that is a tributary to the Snow River, along the Seward Highway Location: 22635 Seward Highway Bear Creek Area Motion to adopt Planning Commission Resolution 2025-12, granting a conditional use permit pursuant to KPB 21.18 passed by unanimous vote (9-Yes) Public Hearing: Legislative Matters - None F. PLAT COMMITTEE REPORT —The plat committee will review 8 plats G. OTHER a. Plat Committee For August/September/October/November/December 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, August 11, 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: planninq@kpb.us website: http://www.kpb.us/planninci-dept/planninci-home 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. KPB July 17, 2025 KENAI PENINSULA Borough Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 Planning Department 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2200 1 (F) 907-714-2378 1 www.kpb.us RE: Vacates the entire 60-foot by 230-foot right-of-way dedication, Sixth Street, and associated utility easements located between Lot 2, Kenai Meadows, Plat KN 2017-17 and Lot 3, Kenai Meadows Addition No. 1, Plat 2023-48 Dear Seward City Council Members: In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. The KPB Planning Commission approved the referenced right-of-way vacation during their regularly scheduled meeting of July 14, 2025. This petition is being sent to you for your consideration and action. The City Council has 30 days from July 14, 2025 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Attached are draft, unapproved minutes of the pertinent portion of the meeting and other related materials. Sincerely, Robert Ruffner Planning Director Kenai Peninsula Borough Enc. Draft 07-14-25 PC Meeting Minutes 07-14-25 PC Meeting Materials Planning Commission Unapproved Minutes July 14, 2025 Scott Brown: 38252 Blakester Court, Soldotna AK 99603: Mr. Brown is the petitioner for this request and made himself available for questions. Seeing and hearing no one else wishing to comment, public comment was closed and discussion was opened among the committee. MOTION: Commissioner Slaughter moved, seconded by Commissioner Whitney to grant the vacation as petitioned based on the means of evaluating public necessity established by KPB 20.65.050(D), based on staff recommendations and subject to the four conditions set forth in the staff report. Hearing no objection or further discussion, the motion was carried by the following vote: MOTION PASSED BY UNANIMOUS VOTE: Yes - 9 C Brantley, England, Epperheimer, Fikes, Gillham, Morgan, Slaughter, Whitney, Venuti ITEM #5 - RIGHT OF WAY VACATION VACATES THE ENTIRE 60' BY 230' ROW DEDICATION, SIXTH STREET & ASSOCIATED UTILITY EASEMENTS LOCATED BETWEEN LOT 2, KENAI MEADOWS, PLAT KN 2017-17 AND LOT 3, KENAI MEADOWS ADDITION NOA, PLAT KN 2023-48 KPB File No. 2025-091 V Planning Commission Meeting: July 14, 2025 Applicant / Owner: City of Kenai & Kenai Peninsula Housing Initiatives, Inc. Surveyor: John Se esser / Se esser Surveys General Location: Redoubt Ave / City of Kenai Lot 2, Kenai Meadows, Plat KN 2017-17 and Lot 3, Kenai Meadows Addition No 1, Plat KN 2023-048, Legal Description: Staff report given by Platting Vince Piagentini. Chair Brantley requested to be recused from this matter as he had a conflict of interest and passed the gavel to Commissioner Gillham. Commissioner Gillham opened the item for public comment. Dana Gregoire, KPHI; P.O. Box 1869, Homer, AK 99603: Ms. Gregoire is one of the petitioners on this request and made herself available of questions. Seeing and hearing no one else wishing to comment, public comment was closed and discussion was opened among the committee. MOTION: Commissioner Epperheimer moved, seconded by Commissioner England to grant the vacation as petitioned based on the means of evaluating public necessity established by KPB 20.65.050(D), based on staff recommendations and subject to the four conditions set forth in the staff report. Hearing no objection or further discussion, the motion was carried by the following vote: MOTION PASSED BY UNANIMOUS VOTE: Yes - 8 England, Epperheimer, Fikes, Gillham, Morgan, Slaughter, Whitney, Venuti Recused - 1 Brantley ITEM #6 — CONDITIONAL USE PERMIT GRANTING A CONDITIONAL USE PERMIT PURSUANT TO KPB 21.18 FOR THE CONSTRUCTION OF A FENCE WITHIN THE 50' HABITAT PROTECTION DISTRICT OF THE KENAI RIVER PC Resolution No. 2025-11 Planning Commission Meeting: Jul '14, 2025 Applicant / Owner: _City of Soldotna Phvsical Address 1 349 Centennial Park Road Kenai Peninsula Borough Page 4 E. NEW BUSINESS 5. Right -Of -Way Vacation; KPB 2025-091 V Segesser Surveys / Kenai Peninsula Housing Initiative Inc. Request: Vacates approximately 13,800 square feet of Sixth Street including associated utility easement adjacent to Lot 2 Kenai Meadows Plat KN 2017-17 and Lot 3, abutting Tract Al, Kenai Meadows Addition No. 1, Plat KN 2023-48 City of Kenai (Staff Person: Platting Manager Vince Piagentini) Ln N O N 0- M 75 �v �dCl I S -Ad 0-4 N k f -"CT? p T{ uj M Q 1S l w = LU>Q ce > a O �LL LL 2 F- I S-N-3 9--2l ,'d 3-113 �QP�-1�P D R 6PG� y c,P 1I9 N w > Q I 0 O U LU Ln U) N Ln .--� N O N � L. u N O N N LL � Z c Y � Y W W LLW J J -J 2 Y� >r d CL V} LU �N w w YQ ® d wLU J cn-N 2> X � ~ d W � u > d CL Q < o Q LL '"' i d 1S 31dJNI1 I N33d!)2l9AD 000 ' ��. +4a L U V W O W Ly 1S H13I3 _ LL LO W > Q -�. o. o Lo iS Hi',dno4 LL . _._ ir o M- r 04 e jry,,' "�►. r r� �—yea r � s R]IIV) Z PA O "I�a Msw O a `� ca W W 8� � O O F is "HaIR N A gad I u m g �a aa�a `E D z I I� N �ry� Ili ps_I I$N Qi m IM1 p 2 �« r J I Y N C� ^e O io ; e Y F- m v7 J"AgS o � s — ollssz M8f00.00N aaa.ys ayv6uyyy6yk � iwuww .YI ueP^K Ft: d s al °i„ IA 3 pMobyv°waew RNL3f1 ,Ot N z I I O C al o I ► 8 rn Y N m aeail$ 47 +�I co 6 l n I rn I c Y~ )ON) vl I I�119� 7 T I Z 18I m �I m b �118 M N I i Imi@i 1_ I I _J._ I'S l I 8 IT TTT TTTTF Y Y � m to L11m11111#I1 iD.1 __j —T 1-T_ r1 = Tl 71 - I I T I T I T --I 1 iv a £rf 1gEa Y_S y�`9i �no N rn s" $ nas 5r s pz °a° a B k� JE £e A30 x �.y¢:« Syj .est 5 b� «o ozr,oc g y H L Zgg F; �e kkrie Z � w n N B • O EM F mx<$ O lV n Y N m n 6 €6 b w z 78a.17S a7vout vfi6 N _.._.._..� .00 Na I �I a o q IL � r4 I .00•oef M.81.oaooN . [+ xz [-, .0owt M.86. t).00N r —,00 —.00•ocz- .. 3 d U 0r,, '00'OSZ X00,00.00S E� cD I a J ———JAg�__ Z Y—_j Q 0 O C +^ J U TM O Ln N N m IL x AGENDA ITEM E. NEW BUSINESS ITEM #5 - RIGHT OF WAY VACATION Vacates the entire 60-foot by 230-foot right-of-way dedication, Sixth Street, and associated utility easements located between Lot 2, Kenai Meadows, Plat KN 2017-17 and Lot 3, Kenai Meadows Addition No. 1, Plat 2023-48 KPB File No. 2025-091 V Planning Commission Meeting: July 14, 2025 Applicant / Owner: City of Kenai and Kenai Peninsula Housing Initiatives, Inc. of Homer, Alaska Surveyor: John Se esser / Se esser Surveys General Location: Redoubt Ave, Kenai Legal Description: Lot 2, Kenai Meadows, Plat KN 2017-17 and Lot 3, Kenai Meadows Addition No 1, Plat 2023-048, Kenai Recording District, Township 6 North, Range 12 West, Section 25, Seward Meridian STAFF REPORT Specific Request / Purpose as stated in the petition: Reconfiguring the existing lots and moving Sixth Street to the East. Notification: The public hearing notice was published in the July 4, 2025 issue of the Peninsula Clarion and the July 3, 2025 issue of the Homer News as part of the Commission's tentative agenda. The public notice was posted on the Planning Commission bulletin board at the Kenai Peninsula Borough George A. Navarre Administration building. Additional notices were mailed to the following with the request to be posted for public viewing. Library of Kenai Post Office of Kenai Ten certified mailings were sent to owners of property within 300 feet of the proposed vacation. Eight receipts had been returned when the staff report was prepared. Nine public hearing notices were emailed to agencies and interested parties as shown below, State of Alaska DNR State of Alaska DOT City of Kenai Emergency Services of Kenai Kenai Peninsula Borough Land Management Alaska Communication Systems (ACS) ENSTAR Natural Gas General Communications Inc, (GCI) Homer Electric Association (HEA) Legal Access (existing and proposed): The proposed vacation is Sixth Street, a 60-foot dedication located between Lot 2, Kenai Meadows (KN 2017-17) and Lot 3, Kenai Meadows Addition No. 1 (KN 2023-48) running a length of 230 feet. Sixth Street is located west of Nightingale St. in Kenai, on the north side of Redoubt Avenue, a 100-foot dedicated right-of-way. Sixth Street currently provides access to three lots. These lots are proposed to be reconfigured by the plat finalizing the vacation and will have legal access provided by the new right-of-way dedications. The vacation of Sixth St will be finalized by the proposed plat, Kenai Meadows Addition No. 2 being reviewed at the Plat Committee at the July 14, 2025 meeting. The plat will reconfigure the previous right-of-way, Sixth Street, by relocating the dedication to the east. A new dedication is proposed on the north end of Sixth St, connecting Fifth Street to Nightingale Street, to be named Texas Ave having a 60' ride dedication. Staff Recommends the Surveyor Page 1 of 6 E5-4 confirm and provide confirmation of the right-of-way name for the dedication. The plat states "Texas Avenue" and the COK Resolution states the name "State Avenue." as the name inside the City of Kenai. Block length is not compliant with the proposed plat. The parent plat Kenai Meadows (KN 2017-17) was granted exceptions to KPB 20.30.030 Proposed Street Layout -Requirements for the extension of California Avenue to Nightingale Street, Florida Avenue to Nightingale Street, and Fifth Street to California Avenue. Currently there are non -developed roads located extending north into Tract A2 from the extension of Fifth St to the intersection with California Ave and then running west to the wet boundary of Tract A2 and the right-of-way of California Ave. An exception to KPB 20.30.170 Block Length was also granted to the parent plat. Kenai Meadows Addition No. 1 (KN 2023-48) carrying forward the previously granted exceptions. The dedication of Texas Avenue will provide relief to the block length on the south. Staff recommends the plat committee allow carrying forward the previously granted exceptions and plat notes from the parent plats with the reasonable expectation that future preliminary plats of Tract A2 shall comply with current code at the time of submittal and dedication of right-of-ways be done as needed and required. KPB records indicate an 83-foot section line easement located to the south within Redoubt Avenue with 33 feet on the north side of the section line and 50 feet on the south of the section line. There is a 66-foot section line easement located to the east within Nightingale Street with 33-feet located on either side of the section line. Staff recommends the surveyor verify the easements and depict and label the section line easements on the final plat. KPB Roads Dept. comments Out of Jurisdiction: Yes Roads Director: Uhlin, Dil Comments: City of Kenai's jurisdiction SOA DOT comments Site Investigation: According to the KWF Wetlands Assessment, there are no wetlands present on the subject property. The land is relatively flat with slight slopes located in the northern area. No slopes exceed 20% in grade. The improvements appear they will be located on proposed Lot 2A. There do not appear to be any encroachments. Apartments are located on Lot 2(KN 2017-17) and Lot 3 (KN 2023-48) is vacant according to KPB Assessing Records. The improvements appear they will be located on proposed Lot 2A. The City of Kenai is considered an independent community by the National Flood Insurance Program and is not within the jurisdiction of the KPB Floodplain Management Program. Kenai administers their own floodplain program. The proper plat note has been included as plat note number 2. KPB River Center review I A. rloodplain Reviewer: Hindman, Julie Floodplain Status: Within City of Kenai Comments: No comments B. Habitat Protection Reviewer: Aldridge, Morgan Habitat Protection District Status: Is NOT within HPD Comments: No comments Page 2 of 6 E5-5 Staff Analysis: Originally the land consisted of an aliquot portion of the SE1/4 of Section 25, Township 6 North, Range 12 West, Seward Meridian, Kenai, Alaska. Kenai Meadows (KN 2017-17) subdivided an approximated 78-acre unsubdivided remainder (KN 1355). Kenai Meadows Addition No. 1, Plat KN 2023-48, platted more lots and dedicated the current right-of-way for Sixth Street. The vacation of Sixth St will be finalized by the proposed plat, Kenai Meadows Addition No. 2. The plat will reconfigure the previous right-of-way, Sixth Street, by relocating the dedication to the east and reconfiguring lots 2, 3 and 4. A new dedication is proposed to the north, connecting Fifth Street to Nightingale Street. The plat is scheduled to be reviewed by the Plat Committee on July 14, 2025. Sixth Street currently provides access to two lots and a tract. The lots are proposed to be reconfigured by the plat finalizing the vacation and will have legal access provided by the new right-of-way dedications. The City of Kenai Planning and Zoning Commission reviewed the preliminary plat that will finalize the vacation, Kenai Meadows Addition No. 2, at their February 14, 2025 meeting. They adopted Resolution PZ 2025-19, recommending approval subject to conditions. A copy of the resolution and meeting minutes can be found in the staff packet. The City review and Resolution PZ2025-19 did not include Lot 2 Kenai Meadows KN2017-17, but the City is aware of the addition of this lot to the new submittal and will include it in the approval by City Council. The Kenai City Council must approve the vacation after the Kenai Peninsula Borough Planning Commission review in order for the vacation to be finalized by plat. Staff recommends the surveyor satisfy the conditions set by the City. An easement with a non -defined location was granted to Homer Electric Association by Book 2, Page 34, KRD, and is denoted as plat number 5. There is a water and sewer easement granted to the City of Kenai by Book 73, Page 347, KRD, located within the northwest corner of the subdivision. The easement has been depicted and is denoted as plat note number 7. Kenai Meadows Addition No 1 (KN 2023-48) granted a 10-foot utility easement adjacent to all rights -of -way. Staff recommends the surveyor label the easements granted by the parent plat and label the new easements as dedicated by this plat. An easement in the certificate to plat filed at 2017-005770-0 needs to be included on the drawing and notes. 20.65.050 — Action on vacation application D. The planning commission shall consider the merits of each vacation request and in all cases the planning commission shall deem the area being vacated to be of value to the public. It shall be incumbent upon the applicant to show that the area proposed for vacation is no longer practical for the uses or purposes authorized, or that other provisions have been made which are more beneficial to the public. In evaluating the merits of the proposed vacation, the planning commission shall consider whether: 1. The right-of-way or public easement to be vacated is being used; Staff comments: No, currently undeveloped per KPB GIS Imagery. 2. A road is impossible or impractical to construct, and alternative access has been provided; Staff comments: No, but the road is being re -located to the east for better practicality. 3. The surrounding area is fully developed and all planned or needed rights -of -way and utilities are constructed; Staff comments: The adjacent lots will have legal access and associated utility easements as proposed by the plat finalizing the vacation. The land to the north can be subdivided further in the future and provide additional dedications. Page 3 of 6 E5-6 4. The vacation of a public right-of-way provides access to a lake, river, or other area with public interest or value, and if so, whether equal or superior access is provided; Staff comments: The right-of-way does not provide access to public lands or areas with public interest. 5 The proposed vacation would limit opportunities for interconnectivity with adjacent parcels, whether developed or undeveloped; Staff comments: The re -location of the road provides adequate connection to surrounding parcels. 6. Other public access, other than general road use, exist or are feasible for the right-of-way; Staff comments: no 7. All existing and future utility requirements are met. Rights -of -way which are utilized by a utility, or which logically would be required by a utility, shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a utility easement be granted in place of the right-of-way. Staff comments: The vacation has been sent to the utility companies for review and comments. Utility provides have existing lines in this area. The adjacent lots will have legal access and associated utility easements as proposed by the plat finalizing the vacation. 8. Any other factors that are relevant to the vacation application or the area proposed to be vacated. Staff comments: The City of Kenai Planning and Zoning Commission granted conditional approval by Adopting Resolution PZ 2025-19 during their May 14, 2025 meeting. A KPB Planning Commission decision denying a vacation application is final. A KPB Planning Commission decision to approve the vacation application is subject to consent or veto by the KPB Assembly, or City Council if located within City boundaries. The KPB Assembly, or City Council must hear the vacation within thirty days of the Planning Commission decision. The City Council will hear the vacation at their scheduled 2025 meeting. If approved, Kenai Meadows Addition No. 2, will finalize the proposed right of way vacations. The Plat Committee is scheduled to review the plat on July 14cn KPB department / aaencv review: Addressing Reviewer: Pace, Rhealyn Affected Addresses: 2390 REDOUBT AVE, 2200 REDOUBT AVE, 2150 REDOUBT AVE Existing Street Names are Correct: No List of Correct Street Names: Existing Street Name Corrections Needed: All New Street Names are Approved: No List of Approved Street Names. - List of Street Names Denied: Comments: CITY OF KENAI WILL ADVISE ON STREET NAMES AND ADDRESSES Code Compliance Reviewer: Ogren, Eric Page 4 of 6 E5-7 Comments: No comments Planner Reviewer: Raidmae, Ryan There are not any Local Option Zoning District issues with this proposed plat. Material Site Comments: There are not any material site issues with this proposed plat. Review Not Required Assessing Reviewer: Windsor, Heather Comments: No comments Advisory Planning Commission Utility provider review: HEA Provide easement as noted in NW corner. ENSTAR No comment ACS No comment GCIJ No comment STAFF RECOMMENDATIONS CORRECTIONS / EDITS Label the associated 10' utility easement to be vacated on east. ® Include Lot 2, Kenai Meadows (KN 2017-17) in the legal description within the title block on the plat. There is an easement at 2017-005770-0 to be shown on the drawing and identified in the plat notes. RECOMMENDATION: Based on consideration of the merits as per KPB 20.65.050(D) as outlined by Staff comments, Staff recommends APPROVAL as petitioned, subject to: 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 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)). KPB 20.65.050 — Action on vacation application H. A planning commission decision to approve a vacation is not effective without the consent of the city council, if the vacated 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. This provision does not apply to alterations of utility easements under KPB 20.65.070 which do not require the consent of the assembly or city council unless city code specifically provides otherwise. I. Upon approval of the vacation request by the planning commission and no veto by the city council or Page 5 of 6 E5-8 assembly, where applicable, the applicant shall have a surveyor prepare and submit a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat. The final plat must be recorded within one year of the vacation consent. J. A planning commission decision denying a vacation application is final. 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. K. An appeal of the planning commission, city council or assembly vacation action under this chapter 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. 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— Term: 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. Goal 4. Improve access to, from and connectivity within the Kenai Peninsula Borough - Focus Area: Transportation o Objective B. Ensure new roads are developed in alignment with existing and planned growth and development. ■ Strategy 2. Near — Term: Establish subdivision codes that dictate road construction standards to accommodate future interconnectivity and/or public safety. ■ Strategy 3. 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KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR TWAIT, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on May 14, 2025, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1 Pledge of Allegiance Chair Twail led those assembled in the Pledge of Allegiance. 2 Roll Call There were present: Jeff Twait, Chair Jeanne Reveal Gwen Woodard Sonja Earsley, Vice Chair Stacie Krause Diane Fifes A quorum was present. Absent: Glenese Pettey 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 Twait noted the following additions to the Packet: Add to Item E, 1. Resolution PZ2025-19 0 Updated Page 1 of Staff Report Add to Item F-1. Resolution PZ2025-17 6 Public Comment MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda. Vice Chair E:arsley SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait 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. plarwifig & zurling Commission Meeting Page 1 uf 5 May 14, 2025 E5-13 *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. B. APPROVAL OF MINUTES *Regular Meeting of April 23. 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None D. UNSCHEDULED PUBLIC COMMENTS - None, E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-19 - Recommending Approval of Preliminary Plat - Kenai Meadows Addition No. 2, a subdivision of Tract A and Lots 3 & 4. Kenai Meadows Addition No.1, in the Rural Residential (RR) Zoning District. MOTION: Commissioner Krause MOVED to approve Resolution PZ2025-19. 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. PZ2025-19, and explained the purpose of the plat was to subdivide Tract Al , Kenai Meadows Addition No. 1 and replat Lots 3 & 4, Kenai Meadows Addition No. 1. It was noted that staff's recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No- PZ2025-19. MOTION TO AMEND: Commissioner Reveal MOVED to approve Resolution PZ2025-1 9 with the following changes: 1. Add a new second Whereas that reads: "WHEREAS, the City of Kenai, signed a Quitclaim Deed on, May 13,, 2025, conveying Lot 3. Kenai Meadows Addition No. 1. to Kenai Peninsula Housing Initiative, Inc.: and," 2. In the following Whereas, remove the words [AND LOT 3]. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. There being no objection; SO ORDERED. Chair 1-fWait opened the floor for public hearing: there being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Krause, Reveal, Twait, Earsley, Fikes, Woodard NAY: None ABSENT.r Pettey MOTION PASSED WITHOUT OBJECTION. Pannhg & Zoning commission Meeting Page 2 of 5 May 14, 2025 E5-14 F. PUBLIC HEARINGS 1. Resolution No. PZ2025-17 — Granting a Conditional Use Permit to Develop and Operate an 82-Unit Indoor Heated Storage Facility on the Property Described as Lot 1 BLK 2 of Mommsens Sub Replat Addn No 1, Addn No 2, Located at 1001 Third Street. in the Urban► Residential (RUB Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-17. Vice Chair Earsley SECONDED the motion, Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-17; he noted that the application was for a Conditional Use Permit (CUP) to develop and operate an indoor heated min► -storage facility with approximately 82 units, Zoning and uses of surrounding properties were reviewed-, it was noted that staff's recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-17, Adam Tugan, applicant, noted that he was available for questions. Chair Twait opened the floor for public hearing. Michael Urciuoli, resident, spoke in opposition to the CUP. He expressed concerns that Third Street was not up to code and required maintenance prior to being used as an access for the proposed business; that homeless people may live in the units; and that this commercial facility does not belong in a residential area. Gwen Urciuoli, resident, spoke in opposition to the CUP. She expressed concerns that this CUP would set a precedent for future commercial uses in the neighborhood: that it would have long-term zoning implications; that it would affect property values: that it would have bright lighting and security cameras; and that it could increase noise and crime in the neighborhood. There being no one wishing to be heard, the public hearing period was closed. In response to questions from the Commission, Mr. Tugan clarified that he also owns the adjacent lots which are intended for two fourplex buildings-, that he intends to fence the entire property surrounding the proposed storage units; that there could be 24-hour access-, that their current plans do not include water/sewer hookups; and that the site would be managed remotely, although these details had not been finalized. Jeremie Bird, Mr. Tugan's business partner, further clarified that they intend to have 7:00 a.m. to 7-00 p.m, site access so there would not be 24-hour traffic; that they were not opposed to access on Redoubt Ave, and they will consider alternative lighting schematics to minimize disturbance to neighbors. Concerns were expressed by the Commission regarding the condition and lack of maintenance on Third Street and whether Redoubt Ave may be a more appropriate access point; that large vehicle and trailer traffic would cause issues on Third Avenue, and that this commercial entity did not belong in the residential neighborhood. Clarification was provided that the site access would be determined at the building permit stage when site and landscaping plans are finalized; that if the access point is on Third Street, the developer would be responsible for improving the street from Redoubt Avenue to the access point to meet City standards; that there would be one access point for entry and exit; that fire safety measures would be determined at a later date as part of the building review process; and that the City may pursue grant funding in the future to improve road conditions in this area. MOTION TO AMEND: Commissioner Woodard MOVED to amend Resolution PZ2025-17 to add a condition requiring a sight - obscuring fence along Third Street, Vice Chair Earsley SECONDED the motion. Planning & Zoning Commission Meeting Page 3 of 5 hAay 14 2025 E5-15 Clarification was provided that there were provisions in code regarding standards for sight -obscuring fencing, VOTE ON AMENDMENT: YEA: Woodard, Earsley, Reveal, Krause, Fikes, Twait NAY: None ABSENT.- Pettey MOTION PASSED. In response to questions from the Commission, Mr. Tugan and Mr Bird provided details regarding the planned size and dimension of the proposed storage units: how the units would be accessed-, and clarified that units would be self -servicing secured by gate access, fencing and cameras. MOTION TO AMEND: Vice Chair Earsley MOVED to amend Resolution PZ2025-17 to add a condition that site operational hours are restricted to 7:00 a.m. - 7:00 p.m. daily. Commissioner Woodard SECONDED the motion, UNANIMOUS CONSENT was requested on the motion to amend. There being no objection, SO ORDERED. Concern was expressed over approving a CUP prior to the structure being built, clarification was provided that there was precedent for this. In response to questions from the Commission, Mr, Tugan clarified that no study had been done to assess public need for more heated storage unit rentals in the area; however, he had observed there was a significant market demand for it. VOTE ON MAIN MOTION AS AMENDED: YEA: Reveal, Earsley, Twait MAY: Fikes, Krause, Woodard ABSENT: Pettey MOTION FAILED. Chair Twait rioted the 15-day appeal period. G. UNFINISHED BUSINESS Discussion - Aspen Creek, 701 N. Forest Drive CUP Director Buettner noted that he had not received any recent complaints-, that it was now past the date when Aspen Creek had stated that construction would be complete, so he intended to visit the site and observe whether traffic had decreased. H. NEW BUSINESS 1. *Action/Approval - Requesting Excused Absences for the April 23, 2025 Regular Meeting - Krause Approved by the consent agenda- 1. REPORTS 1. Planning Director - Planning Director Buettner reported on the tollowing: • CUP work session prior to this meeting; noted that there would be future work sessions on this topic in the coming months. • Beginning development on a citywide transportation plan', attended Walkability Action Institute in Anchorage. Planning & Zmnq Commission Meeting Page 4 of 5 May 14, 2025 E5-16 2, Commission Chair No report. 3. Kenai Peninsula Borough Planning - Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4 City Council Liaison - Council Member Sounart reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT Michael Urciuoli thanked the Cornmission, noted that it was Third Street not Third Avenue', and discussed spnice trees and road rnainteriance on Third Street. K. NEXT MEETING ATTENDANCE NOTIFICATION 1 Next Meeting: May 28, 2025 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Reveal noted that she attended the prior work session on CUPs. Vice Chair Earsley noted that Parks & Recreation is having Planting Day event on May 31 Commissioner Krause apologized for missing the prior work session. Commissioner Fikes apologized for missing the prior work session; thanked public participants and the Commission for the good discussion and the public for their testimony M. PENDING ITEMS - None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS - None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 8:14 p.m. I certify the above-r,epresents accurate minutes of the Planning & Zoning Commission meeting of March 14.2025. ner,'I MMLO, City Clerk Planning & Zoning Commission Meeting Page 5 of 5 May 14. 2025 E5-17 E N I City of Kenai 210 Fidalgo Ave, Kenai, AK 99611-7794 907.283.7535 www.kenai.city SENT VIA ELECTRONIC MAIL May 29, 2025 Segesser Surveys, Inc. 30485 Rosland St. Soldotna, AK 99669 seggy@ptialaska.net RE: Notice of Recommendation - Resolution PZ2025-19 — Preliminary Plat — Kenai Meadows Addition No. 2 Dear Segesser Surveys, Inc.: On Wednesday, May 14, 2025, the City of Kenai Planning and Zoning Commission recommended approval of Resolution PZ2025-19 for Preliminary Plat Kenai Meadows Addition No. 2. An installation agreement is 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, f Kevin Buettner, AICP, LEEP AP, CNU-A Planning Director Enclosure cc: Beverly Carpenter, KPB Planing Department (bcarpenter(a-)-kpb.us) E5-18 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-19 A RESOLUTION RECOMMENDING THAT THE PRELIMINARY PLAT FOR KENAI MEADOWS ADDITION NO. 2, A SUBDIVISION OF TRACT Al AND A REPLAT OF LOTS 3 & 4, KENAI MEADOWS ADDITION NO, 1, IN THE RURAL RESIDENTIAL ZONING DISTRICT ATTACHED HERETO BE APPROVED. LEGAL DESCRIPTIONS. Tract All, Kenai Meadows Addition No. 1 Lot 3, Kenai Meadows Addition No. 1 Lot 4, Kenai Meadows Addition No. 1 KPB PARCEL NUMBFRS* 03901067, 03901068 and 03901069 WHEREAS, at the regularly scheduled City Council meeting on April 16, 2025, the City of Kenai conditionally donated approximately 5,2 acres of city -owned land to be subdivided from Tract Al. Kenai Meadows Addition No. 1, and, WHEREAS, the City of Kenai, owner of Tract Al, Kenai Meadows Addition No, 1, is supportive of the proposed development presented by the Kenai Peninsula Housing Initiative, Inc.; and, WHEREAS, the City of Kenai received a preliminary plat from Segesser Surveys, on behalf of Kenai Peninsula Housing Initiatives, Inc., for a subdivision of Tract Al, Kenai Meadows Addition No, I and a replat of Lots 3 & 4, Kenai Meadows Addition No. 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, Rights -of -Way Sixth Street and State Avenue are newly dedicated. therefore an installation agreement is required, and, WHEREAS, the proposed lots have access from Redoubt Avenue (a City -maintained asphalt road) and the newly dedicated Sixth Street and State Avenue (currently undeveloped), and, W1 IERFAS, City water and sewer lines are available to the lots, and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14, 10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities/access casements, provides a satisfactory and desirable building site, and connection to the existing City of Kenai water and wastewater utility. E5-19 Resolution No. PZ2025-19 Page 2 of 3 2 Pursuant to KMC 14 10,080 Minimum impr-ovement tequired, the preliminary plat is a subdivision of a 69.5-acre tract into a new, 62.79-acre tract and three new lots (Lots 5, 6, & 7) and a replat of two (2) lots within a subdivision containing newly dedicated rights -of - way and a vacation of an existing right of way and determined acceptable access. subject to the listed conditions. An installation agreement is required for the newly dedicated Sixth Street right-of-way. 3 Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the Rural Residential zoning district of 20,000 square feet. 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 Kenai Meadows Addition No. 2 for a subdivision of Tract All, Kenai Meadows Addition No. 1 and a replat of Lots 3 & 4. Kenai Meadows 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. 2 Prior to recording of the final plat, the developer will be required to enter into an installation agreement with the City of Kenai. 3. The Kenai City Council must declare the current sixty -foot right-of-way for Sixth Street not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. Section 2. That the official name for the 60-f oot dedicated right-of-way between Lots 3A and 4A be assigned as "Sixth Street", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. Section 3. That the official name for the 60-foot dedicated right-of-way north of the newly formed Lots 5, 6, & 7, be assigned as "State Avenue", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 14" DAY OF MAY, 2025. JE`F1F TWAIT, CHAIRPERSON E5-20 Resolution No. PZ2025-19 Page 3 of 3 ATTEST. Meghan Thilbodeak-beputy City Clerk E5-21 '� STAFF REPORT PLANNING & ZONING DEPARTMENT KEhlAl TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: May 9, 2025 SUBJECT: Resolution No PZ2025-19 — Preliminary Plat — Kenai Meadows Addition No. 2, a Subdivision of Tract Al and a Replat of Lots 3 & 4, Kenai Meadows Addition No, 1, Request The applicant is proposing a preliminary plat for a subdivision of Tract Al, Kenai Meadows Addition No. I and a replat of Lots 3 & 4, Kenai Meadows Addition No. 1. Staff Adopt Resolution No. PZ2025-19 recommending approval of Recommendation Preliminary Plat — Kenai Meadows Addition No.2 to subdivide Tract Al, Kenai Meadows Addition No. 1 and replat Lots 3 & 4, Kenai Meadows Addition No. 1 Applicant, Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 Properly Owners: Kenai Peninsula Housing Initiative & City of Kenai Legal Descriptions, Tract Al, Kenai Meadows Addition No. 1 Lot 3, Kenai Meadows Addition Pilo. 1 Lot 4, Kenai Meadows Addition No. 1 KPB Parcel Nos, Zoning District: Land Use Plan: Surrounding Uses, SUMMARY 03901067. 03901068 and 03901069 Rural Residential (RR) Medium Density Residential (LDR) Vacant Residential The City received a preliminary plat from Segesser Surveys, on behalf of Kenai Peninsula Housing Initiatives, Inc., for a subdivision of Tract Al, Kenai Meadows Addition No 1 and a replat of Lots 3 & 4, Kenai Meadows Addition No. 1 E5-22 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. A"ALYSIS The proposed replat meets the preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district. Access to the subject lots is via Redoubt Avenue, which is a City maintained asphalt road. City water and wastewater are available in this area and will developments on these lots will be required to establish a connection to the City of Kenai water and wastewater utility systems, The Public Works Director, Fire Marshal, and Building Official have reviewed the preliminary plat and have no comments. At the regularly scheduled City Council meeting on April 16, 2025, the City of Kenai conditionally donated approximately 5.2 acres of city -owned land to be subdivided from Tract Al, Kenai Meadows Addition No. 1. The City of Kenai, owner of Tract A1, Kenai Meadows Addition No. 1, is supportive of the proposed development presented by the Kenai Peninsula Housing Initiative, Inc. Staff finds that the preliminary plat 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 utilitiestaccess easements, provides a satisfactory and desirable building site, and connection to the existing City of Kenai water and wastewater utility. 2. Pursuant to KIVIC 14.10.080 Minimum improvement required, the preliminary plat is a subdivision of a larger tract into smaller lots and a replat of two lots within a subdivision containing dedicated rights -of -way and determined acceptable access, subject to the listed conditions. An installation agreement is required, as the existing north -south right of way is being moved and extended and a new right of way is being dedicated along the northern boundary of the new lots. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements. the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet. Each lot is over one acre in size. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. Staff finds that the proposed preliminary plat for Kenai Meadows Addition No. 2 to subdivide Tract Al, Kenai Meadows Addition No. 1 and replat Lots 3 & 4, Kenai Meadows Addition No. 1, meets the general standards for Kenai Municipal Code (KMC) Chapter 14 10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2025-19 to subdivide Tract Resolution No PZ2025-19 Preliminary Plat Kenai Meadows Addition No 2 Page 2 of 3 E5-23 Al, Kenai Meadows Addition No. 1 and replat Lots 3 & 4, Kenai Meadows Addition No. 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. 2, Prior to recording of the final plat, the developer will be required to enter into an installation agreement with the City of Kenai. 3. The Kenai City Council must declare the current sixty -foot right-of-way for Sixth Street not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 4. That the official name for the 60-foot dedicated right-of-way between Lots 3A and 4A be assigned as "Sixth Street", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. 5. That the official name for the 60-foot dedicated right-of-way north of the newly formed Lots 5, 6, & 7, be assigned as "State Avenue", subject to Kenai City Council adopting a resolution for the naming of a street within City limits. ATTACHMENTS Aerial Map Application Preliminary Plat, Kenai Meadows Addition No. 2 Resolution No. PZ2025-19 Preliminary Plat Kenai Meadows Addition No 2 Page 3 of 3 E5-24 jrr arm 1 • t� i;,• ! 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"� `s •<�� �,�L-.+�!•,ti, `�� F 3r��.:�`'�""'�iV ,�'��-=� �''�7t;';if rRae�T^ � i4r��t<. rr�"`.,•�i���..'� i�+rr �i �,C*: �° Preliminary Plat Subinittal Form Csty 04 KC_raaa Planning ane Zoning 0epa3rifne ( 210 Avunue Kebia1, AK 9�, f 7 `.-? ;i"816200 !ariiC�eoa city iuwtt kenai cayipfann�ng Name: Isegesser Surveys Inc Mailing Address: Phone Number(s): Email: I State: A� Zip Coda: �9659� Name: City of Kenai, KPHI Bailing Address: 210 Rdalgaa City: I Kenai State: JAK jZip Code: 199611 Phone Number(s): Email. Property Owner Name: ''Current City Zoning: Use: El Residential 0 Other: D Recreational ❑ Commercial Water. D On Site 3 City 0 Community Sewer: 0 On Site IN City ❑ Community Prelirrfirrary Plat Marne: Kenai Meadaws Addition No. 2 Revised Preliminary Plat Dame; Vacation of Public Right -of -Way: Iiii Yes ❑ No Street Name (If vacating ROW): Exceptions Required and Requested: Comments: W Certificate to plat (1) 24' x 36" Plat 9 (2)11" x 17* Plats 1 Signature: :" f Segesser "` d� +�. _ Daiea .... ,� �..+ Ti#ielBusiness: Saa esser Surveys Inc Pant Name: Lilohn E5-26 Stewart Titte of 'thee Kenai ftninsuk Inc. 35681 Kenai Spur Hwy., Unit B Soldotna, Ali 99669 Tel: (907) 260-8031 Fix: (907) 2604036 CERTIFICATE TO PLAT Segesser Surveys, Inc.. Attention. John Segesser Gentlemen: This is a certificate as of April 17, 2025 at 8:00 A.M. for a plat out of the follovAng property: File Number: 25377 Premium: $300.00 Tax: Tract "A" One (Al) and Lots Three (3) and Four (4), KENAI MEADOWS ADDITION NO. 1, awarding to Plot No. 202348, Kenai Recording District, Third Juckial District, State of Alaska. The Company certifies that record title Is vested in The City of Kenai, as to Tract Al and Lot 3; and Kenai Peninsula Housing Initiatives, Inc., as to Lot 4 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. TAXES AND ASSESSMENTS, It any due the taking authority' Taxing Authority: CITY OF KENAI 3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority. KENAI PENINSULA BOROUGH 4. RESERVATION OF EASEMENT for highway purposes., and any assignments or uses thereof for recreational, utility or other purposes, as disclosed by Public Lend 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 Department of the Interior Order No. 2W5, 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. 5. AN OIL AND GAS LEASE affecting the above interest under the terms, covenants and conditions therein provided: Lessor. Pich►ard Mommsen, a single man Lessee: Standard Oil Company of California Recorded. April 12,1958 Volume/Page: 8179 FURTHER, no other examination of the excepted title to minerals has been made herein and no Insurance no{r responsibility therefore is implied or +assumed. Cenificete to plat K81 File No.: 25377 E5-27 6 EASEMENT for electric lines or system and/or telephone l(nes together with tight to enter, maintain, repair and dear shrubb".- Recorded: June 4, 1958 Volume/Page: Misc. 2134 Granted To: Homer Electric Association, Inc Affects- General Easement, no definite location disclosed 7 WATER AND SEWER EASEMENT affecting the portion of said premises and for the purposes stated herein, and incidental purposes thereto, In Favor Of. City of Kenai Recorded, September 17, 1973 Volume/Page: 731347 Affects-, Portion of said land 8- EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plot No. 2023-48. 9. EFFECT of the notes on said Plat No. 2023-48. 10. SUBJECT TO A ROAD RESERVATION of 33 feet along each side of the section line as created by 43 U.&C, 932. 11, RIGHTS OF REVERSION retained by the City of Kenai, as contained in Quit Claim Deed: Recorded-. May 7, 2024 Volume/Page: 2024-003066-0 Affects Lot 4 only 17A Stewart TMe of the Kenai Peninsula, Inc. Authorized Countersignature Mary Frengle Authorized 5griator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 911-38 upon notification from surveyor. B4 Cenficate to Flat K I File No: 25377 E5-28