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Home My WebLink AboutResolution No. PZ2025-31J V 711, C11 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-31 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT SHORELINE HEIGHTS VACATION ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: 1614 Pey Drive LEGAL DESCRIPTIONS: Lot 48, Shoreline Heights 2023 Addition KPB PARCEL NUMBERS: 03914182 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc., on behalf of property owner Luke Hanson, for a vacation of the 20-foot pedestrian easement public right-of- way located within Lot 48, Shoreline Heights 2023 Addition; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lot will have access from Pey Drive (a City -maintained paved road); and, WHEREAS, City water is available to the proposed lot; and, WHEREAS, City sewer is not available to the proposed lot; and, WHEREAS, a 10-foot easement for utilities is located along the northern boundary adjacent to the SE%, NW%, T 6N, R 12W, Section 26, Seward Meridian, and along the western boundary of Lot 48 adjacent to the existing 60-foot Pey Drive right-of-way; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the City does not have a public interest in retaining the 20-foot pedestrian easement public right-of-way located within Lot 48, Shoreline Heights 2023 Addition; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites. The City water is subject to the regulatory requirements of the City of Kenai Public Works Department and on -site wastewater Resolution No. PZ2025-31 Page 2 of 2 systems are subject to the regulatory requirements of Alaska Department of Environmental Conservation. 2. Pursuant to KMC 14.10.080 Minimum improvement required, Pey Drive is an existing dedicated right-of-way and is determined acceptable access. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the 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 Shoreline Heights Vacation 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 20-foot pedestrian easement 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 22nd DAY OF OCTOBER, 2025. SONJ EAI§LEY, VICE -CHAIR ATTEST: LOGA PAR S, DEPUTY CITY CLERK STAFF REPORT PLANNING & ZONING DEPARTMENT jCI-0 'K' E N A TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Land Management Analyst DATE: October 13, 2025 SUBJECT: Resolution No. PZ2025-31 — Preliminary Plat — Shoreline Heights 2025 Vacation Request Staff Recommendation The applicant is proposing a preliminary plat to vacate a pedestrian easement and vacate a utility easement. Adopt Resolution No. PZ2025-31 recommending approval of Preliminary Plat — Shoreline Heights 2025 Vacation, to vacate a 20-foot pedestrian easement. Applicant: McLane Consulting, Inc. Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Luke Hanson Legal Description: Lot 48, Shoreline Heights 2023 Addition Property Address: 1614 Pey Drive KPB Parcel No.: 03914182 Zoning District: Rural Residential (RR) Land Use Plan: Low Density Residential (LDR) Surrounding Uses: Improved and Vacant Residential SUMMARY The City received a preliminary plat from McLane Consulting, Inc. on behalf of the property owner for the vacation of a 20-foot pedestrian easement located along the northern boundary of Lot 48, Shoreline Heights 2023 Addition. The dedication of Pey Drive on the Shoreline Heights 2023 Addition plat, filed at 2024-83, Kenai Recording District, effectively severed the pedestrian easement, rendering the eastern portion of the pedestrian easement found on subject Lot 48 unnecessary for the original intended use of access to commercial fishing beach sites. 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 vacation plat meets the preliminary plat requirements and development requirements for the Rural Residential (RR) zoning district. Access to the subject lot is via Pey Drive, which is a City maintained paved road. At approximately 24,437 Square feet, Lot 48 exceeds the RR minimum lot size of 20,000 square feet. City water is available along Pey Drive. City sewer is unavailable in this area; therefore, the property owner will need to install a private on -site septic system. The septic system must meet the requirements regulatory requirements of the State of Alaska Department of Environmental Conservation (ADEC). The Public Works Director, Fire Marshal, and Building Official have reviewed the preliminary plat and have no comments. 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 utilities/access easements, provides a satisfactory and desirable building site, and the accessible water system is subject to the regulatory requirements of the City of Kenai Public Works Department. The on -site wastewater system is subject to the regulatory requirements of ADEC. 2. Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is within a subdivision that has dedicated rights -of -way and determined acceptable access, subject to the listed conditions. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet. 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. Resolution No. PZ2025-31 Preliminary Plat Shoreline Heights 2025 Vacation Page 2 of 3 STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Shoreline Heights 2025 Vacation, to vacate a 20- foot pedestrian easement on Lot 48, Shoreline Heights 2023 Addition, 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. PZ2025-31 to the Kenai Peninsula Borough, subject to the following condition: 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 20-foot pedestrian easement 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, Shoreline Heights 2025 Vacation Resolution No. PZ2025-31 Preliminary Plat Shoreline Heights 2025 Vacation Page 3 of 3