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HomeMy WebLinkAboutResolution No. PZ2026-07 J �r CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-07 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT BLACK GOLD ESTATES 2026 VACATION ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTION: Lot 11-A, Block 8, Black Gold Estates 2025 Replat KPB PARCEL NUMBERS: 03904023 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc., on behalf of property owner Alexander Douthit, for a vacation of the 60-foot unnamed public right-of-way located along the southeast boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat; 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 Wildwood Drive (a City-maintained paved road); and, WHEREAS, City water and sewer is available to the proposed lot; and, WHEREAS, a 10-foot easement for utilities is located along the northwest boundary adjacent to Windflower Drive, and along the southeastern boundary of proposed Lot 11-A adjacent to the existing 120-foot Wildwood 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 60-foot unnamed public right- of-way located along the southeastern boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat; 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 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. Resolution No. PZ2026-07 Page 2 of 2 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 commercial development, including parking. 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 Black Gold Estates 2026 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 60-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. 3. A plat note added to the final plat to prohibit access from Windflower Drive to avoid double frontage, in accordance with KMC 14.10.070(e)(2). PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 25T" DAY OF MARCH, 2026. ea a Keaton, Chair ATTEST: C Log n Par , Deputy City Clerk '-� STAFF REPORT �• PLANNING & ZONING DEPARTMENT K' I A I TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Land Management Analyst DATE: March 17, 2026 SUBJECT: Resolution No. PZ2026-07 — Preliminary Plat — Black Gold Estates 2026 Vacation Request The applicant is proposing a preliminary plat to vacate a 60-foot right- of-way. Staff Adopt Resolution No. PZ2026-07 recommending approval of ----Recommendation Preliminary Plat — Black Gold Estates 2026 Vacation-; to vacate a 60 foot right-of-way. Applicant: McLane Consulting, Inc. Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Alexander Douthit Legal Description: Lot 11-A, Block 8, Black Gold Estates 2025 Replat Property Address: N/A KPB Parcel No.: 03904023 Zoning District: General Commercial (CG) Land Use Plan: Suburban Residential (SR) Surrounding Uses: Improved and Vacant Commercial and Residential a SUMMARY The City received a preliminary plat from McLane Consulting, Inc. on behalf of the property owner for the vacation of a 60-foot unnamed right-of-way (ROW) located along the southeastern boundary of Lot 11-A, Block 8, Black Gold Estates 2025 Replat. The recent acquisition of the Wildwood Drive ROW by the City of Kenai, from the Kenai Native Association, Inc., renders the unnamed ROW unnecessary for the original intended use of access to the Black Gold Estates Subdivision. 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 General Commercial (CG) zoning district. Access to the subject lot is via Wildwood Drive, which is a City maintained paved road. At approximately 40,729 square feet, proposed Lot 11A-1 is of adequate size for commercial development, to include parking. City water and sewer are available along Wildwood Drive. 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 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 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 commercial development, including parking. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Black Gold Estates 2026 Vacation, to vacate a 60-foot ROW on Lot 11A, Block 8, Black Gold Estates 2025 Replat, 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. PZ2026-07 to the Kenai Peninsula Borough, subject to the following conditions: Resolution No. PZ2026-07 Preliminary Plat Black Gold Estates 2026 Vacation Page 2 of 3 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 60-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. 3. A plat note added to the final plat to prohibit access from Windflower Drive to avoid double frontage, in accordance with KMC 14.10.070(e)(2). ATTACHMENTS Aerial Map Application Preliminary Plat, Black Gold Estates 2026 Vacation Plat Map K-1399, Black Gold Estates Subdivision Amended Wildwood Drive Quitclaim Deed Resolution No. PZ2026-07 Preliminary Plat Black Gold Estates 2026 Vacation Page 3 of 3 Aerial leap �r L •� ' rl� i jo - 4FOR �4 i ti ors -46 Y " , A' At ~ a 'Ay or Kenai Planning any Zoning Department Preliminary Plat 210 Fidalgo Avonue Kenai.AK 09611 Submittal Form (907)263-8201) plannirignke,to'.c it}+ w�nv�.lseru~e.nity rryiann+ng APPLICANT (SURVEYOR) Name: McLane Consulting Meiling Address: PO BOX 468 —FCity.J Soldotna State: I AK JZip Code: 199669 Phone Number(s): 907283-421.8 Email: PROPERTYa Name: Mexander Douthit Mailing Address: City Kenel State: JAK Jbp Codej 99611. Phone Number(s): Email: im Kenai Penlnsula.Borough Parc9l#: 03904023 Current City Zoning: General Commercial Use: ❑ Residential ❑ Recreational E1 commercial Cl Other: VNaiter: - ❑On Site N City © Community Sewer: Q On Site ® City 0-community PLAT INFORMATION Preliminary Plat Name: Black Gold Estates 2026 Vacation Revised Preliminary Plat Name: Vacation of Public Right-of-Way: p- Yee ❑No Street Nam(if vacating ROW): Unnamed 69'Wool:per K1399 Exce0tions Required and Requested: Comments: This is a plat that intends to vacate the 6V street adjacent to Wildwood Drive. Wildwood Drive is a 120' right of way that is constructed and utilized for ingress/egress of traffic.Please see attached fetter. REQUIREb ATTACHMENTS Cer4ficat9 to Plat d(1)24"x 36" Plat N (2) 11"x 17" Plats Signature: Date: Print Name: Alexanderpoull* "title/Business: Planning Department o R 0 0 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax PETITION TO VACATE PLATTED RIGHT OF WAY PLATTED PUBLIC EASEMENT PLATTED PUBLIC AREA PUBLIC HEARING REQUIRED Upon receipt of complete application with fees and all required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code,the public hearing must be scheduled within 60 days of receipt of complete application. Initially, a sketch may be included with the vacation petition for review, by the Planning Commission. After the Planning Commission takes action on the vacation, a Subdivision Plat must be prepared by a licensed land surveyor. The plat will be processed in accordance with KPB 20.10.080. Platting authority is vested in the Planning Director. SUBMITTAL REQUIREMENTS A platted right of way vacation I ROWVI application will be scheduled for the next available planning commission meeting after a complete application has been received. ® -$500 non-refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to the vacation fees. -City Advisory Planning Commission. Copy of minutes at which this item was acted on,along with a copy of City Staff Report. ❑ Unnamed 60'FT ww platted public right of way proposed to be vacated was dedicated by the plat of Black cad Estates subdivision Subdivision,filed as Plat No. k1399 in the Kenai Recording District. �✓ -3 copies of the plat or map showing the platted right of way to be vacated. Must not exceed 11 x 17 inches in size.Area to be vacated must be clearly depicted.Proposed alternative public access to be shown and.labeled on the sketch. -REASON FOR VACATING The petitioner must attach a statement with reasonable justification for the vacation of the platted right of way/platted easement/platted public area. Has the platted right of way been fully or partially constructed? Yes V No Is the platted right of way used by vehicles/pedestrians/other? Yes ✓ No Is alternative right-of-way being provided? Yes V No Are there utility easements associated with the right of way to be vacated? Yes No Is the platted right of way and or associated utility easement in use by any utility company?I I Yes I V No If so,which utility provider? LEGAL DESCRIPTION ADJOINING LAND: Lot,Block,Subd.or street address Lot 11-A Block Black Gold Estates 2025 Replat(KN2025-70) Section,township,rangeS25, T6N, R12W City(if applicable)Kenai I General area WildWaOd Drive The petition must be signed by owners of a majority of the land affected by the platted right of way proposed to be.vacated.Each petitioner must include address and legal description of his/her property.Attach additional signature sheets if ee ed. Submitted by: VACATION OF PLATTED RIGHT OF WAY I PLATTED PUBLIC EASEMENT I PLATTED PUBLIC AREA 20.65.010.Authority; Legislative intent;Scope. This chapter Is enacted under the authority of AS 29.40.A vacation decision is a discretionary legislative land use decision.The purpose of this chapter is to establish procedures for the vacation of a platted public right-of-way, public area,or other public easement dedicated on a borough approved plat,and to proyide.procedures for the alteration--including removal;,of Platted•utility-easements.This chapter does not apply to easements or property owned or held by'a'city or the borough in their proprietary capacity which may only be extinguished through the terms of the controlling document or applicable law.This chapter does not apply to private easements. 20.66.030.Vacation Criteria. Vacation of a platted public right-of-way,access,area or other easement granted for public use or public benefit must conform to the requirements of this chapter and AS 29.40.120 through AS 29.40.160 as now enacted or as amended. 20.65.040.Vacation Application. An Informal pre-application conference by appointment with borough staff prior to the submittal of the application for vacation of a public right-of-ray is encouraged.The application shall include the following items. A. A petition,provided by the borough planning department,signed by. 1. The owners of the majority of the land abutting the area being vacated;or 2. An official representative of the state,the borough,an affected utility,or a city when the area to be vacated is within the city. B. A sketch that depicts the area to be vacated,a preliminary vacation plat,or a copy of the __.existing plat showing the proposed alteration or replat. The format and_number-of_copies of the sketch submittal shall be determined by the planning director; C. Written recommendations,comments,or meeting minutes from the planning and zoning commission of the affected city,If the area to be vacated is within a city.The sketch or submittal provided to an affected city must be the same submittal that is provided to the borough. D. The appropriate fee;and E. Applicant statement containing the reasons In support of the vacation. 20.65.050.Action on vacation application. A. Staff shall review the application and supporting materials for compliance.If the application Is incomplete,staff will return it to the applicant with a written list of deficiencies to be satisfied for acceptance. B. After acceptance of the application,staff will: 1. Send notice of the proposed vacation and the public hearing in accordance with KPB 20.10.100. 2. Prepare a staff report that evaluates the merits of the proposed vacation. Revisions to the application submitted subsequent to the preparation of the staff report and after notice Is sent will not be considered at the scheduled public hearing.Any such revisions will be treated as a revised application under this chapter. C. An accepted application shall be placed on the agenda of a regularly scheduled planning commission meeting.The public hearing on the vacation may not be more than 60 days after acceptance of the application,unless the applicant requests postponement. D. The planning commission shall consider the merits of each vacation request.A platted dedication to public use of land or interest in land may be vacated If the dedication Is no longer necessary for present or future public use and in all cases the planning commission shall deem the area being vacated to be of value 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; 2. A road is impossible or impractical to construct,and alternative access has been provided; 3. The surrounding area is fully developed and all planned or needed rights-of-way and utilities are constructed; 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; 5. The proposed vacation would limit opportunities for interconnectivity with adjacent F. The borough will consider realignment of a right-of-way by vacation and rededication where the planning commission finds that the right-of-way realignment will enhance access and the realigned right-of-way is located to provide reasonable means of ingress and egress. G. Where the planning commission finds that a right-of-way must be preserved,but determines there is excessive width for all intended uses within the right-of-way,the commission may approve a partial vacation of a right-of-way such that the width is reduced to the maximum necessary for the intended use.Such vacation shall conform to this title for the class of right- of-way involved ei cep h,6 ri i1e`�i lit yP'-.is'not intended to be used for vehicular .. ....•r . .1`.M .r rS.. purposes.' 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 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. 20.65.060.Title to vacated area. A. The title to the street or other public area vacated on a plat attaches to the lot or land bordering the area in equal proportions,except that if the area was originally dedicated by different persons,original boundary lines shall be adhered to so that the street area that lies on one side of the boundary line shall attach to the abutting property on that side, and the street area that lies on the other side of the boundary line shall attach to the property on that side.The portion of a vacated street that lies inside the limits of a platted addition attaches to the lots of the platted addition bordering on the area.If a public square is vacated,the title to it vests in a city if it lies inside the city, and in the borough If it lies inside the borough but outside all cities. If the property vacated is a lot,title vests in the rightful owner. B. If the municipality acquired the street or other public area vacated for legal consideration or by express dedication to the municipality other than as a subdivision platting requirement, before the final act of vacation the fair market value of the street or public area shall be deposited with the platting authority to be paid to the municipality on final vacation. C. Other provisions of this subsection notwithstanding,the planning commission may determine that a portion of the area proposed to be vacated should be reserved and if so,title to the area vacated and held for another public easement purpose remains in the borough or city, as applicable. la Department o R 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 ' (907) 714-2378 Fax R PRELIMINARY PLAT o REVISI±D PREUMINARY FIAT f no ka taquired) n PHASED PRELIMINARY PLAT r PRELIMINARY PLAT FOR PRIVATE.SCRENTS/W.ED SUBDIVISION-an regrriremenu of chapter2o,exewing 20.3Q210&nd 2a50 op*dnd Nwst be met. SUBDIVISION PLAT,NAME,must be a.unique name,contact staff.for assistance if needed. Black Bold Estate's 2026 Vacation PROPERTY INFORMATION: Legal description:.Ropiat of Lot 11-A 1311oc€c 8.Black Gold Estates 2026 Replat(KN2026-70)&Vacation of Unnamed 60'RNV Elladc Gold Estates Subdivision(K1399) Section:25 Township»8N Range:12W General area description nWildwood.Dr. City(If applicable):Kenal Total Acreage:0.828 SURVEYOR Gotnpany:McLane Consulting,Inc. Contact Person:Andrew Hamilton t4alfng Address:PO B .X. _ : City,Staate,.,Zfp Sddotna..AK SQB69:._. . Phone:907-283.4218 - ,e-mail:ahamiiton@mclanecg.com. PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER: o on site # City o community WATER: o on site a City ❑community SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available plat committee meeting after a complete aaaiication hgs been received. Al-full size paper copy A 3-reduced sized drawing(11 x 17) A Preliminary plat NW-REFUN DAB LE submittal fee d City Planning Commission minutes when located within city limits or Bridge Creek Watershed District 111 Certificate to plat for a parcels Included in:the subdivision o Documentation showing proof of signatory authority(partnerships,corporations,estates,trusts,etc.) R ALL requirements of KPB 20.25,070(see page I for Checklist)and KPS 24:25,= EXCEPTIONS REQUESTED TO.PLATTING CODE:Complete the EXCEPTION REQUW iAPPUCA'nON and attach#p the prelimary plat submittel. APPLICANT: SI+GDIATMRE . OF ALL LEGAL PROPERTY OWNERS ARE,REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership,etc.,documentation is required to show authority of the indmdual(s)signing.Contact KP8 staff for clarification if needed. 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I�w✓'«' � ro{ / �x :°yr' \> 'a `�2` \B,. / sR tie sS ', Jaj;^ � ire \t \° '"� a• rdx ar-dam/ $�sz s G 41 � - f � �ar«r a'�vi• e \ � u' i�� 1 t • �' .w � •r{I t - A 2025-010976F0 A Recording Dist: 302- Kenai S 12/23/2025 09:38 AM Pages: 1 of 2 K DOCUMENT A II RICTRONICAMYHCOWD II IIIIIIIIIIIIIIIIIIIIIiIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII�II�IIIIIIIIIIIIIII QUITCLAIM DEED The Kenai Native Association,Inc.(hereinafter GRANTOR),an Alaska Native Village Corp. organized under the laws of the State of Alaska,whose address is 216 Fidatgo Street,Suite 204B,Kenai,Alaska 99611,for and in consideration of the sum of DOLLARS($10.00) and.other valuable consideration does hereby convey and quitclaim all right,title and Interest to the City of Kenai,(hereinafter GRANTEE),whose address is 210 Fidalgo Ave., Kenai,Alaska 99611, for a road and outfall sewer right-of-way known as Wildwood Station Road,Wildwood Drive,Wildwood Road,Wildwood Extended,U.S. Military Right-of-Way, Military Reservation Road,Sanitary OutfaLL Sewer Line Right of Way,and Cook Inlet View Dr., including all water and sewer lines and improvements contained thereon extending as shown on Tract 4,Wildwood Corrections Plat KN 92-73,to the Cook Inlet,all within the Kenai Recording District,Alaska,more particularly described as follows: An 80-foot right-of-way for construction.of an outfaLL sewer, being 40 feet each side —of the centerline of manholes and more particularly described as:Starting from the center.quarter corner of Sec.25,T6N,R12W,Seward Meridian,thence North 74 feet along center section tine to the centerline of outfaLL sewer which is the point of beginning,thence South 45 degrees 05 minutes West 1,290 feet to the center of Manhole No. 15;thence South 44 degrees 53 minutes West 1,161 feet to the centerline of the Kenai Spur Road;thence South 45 degrees13 minutes West 1,279 feet to the West tine of sec.25;thence South 45 degrees 11 minutes West 113 fleet to the South Line of Sec.26;and, A 40-foot strip of land for an access road Lying southeasterly and adjacent to the 80 foot right-of-way,extending from the military boundary at the quarter section corner of Sec.25,T6N, R12W,Seward Meridian,to the easterly edge of Kenai Spur Road. Said right-of-way was conveyed to the Kenai Native Association Inc.by the United States of America in U.S.Patent 50-74-0109 dated March 28, 1974(Patent).Grantor expressly Quit Claim Deed Kenai Native Association/City of Kenai Page 1 of 2 eRecorded Document reserves any and all rights'or claims against any third party related to the""original Patent of Land to Grantor. Additionally,any interest conveyed by dedication or vacation of the following platting actions:Carl F.Ahlstrom Subdivision K-216, Black Gold Estates Subdivision Amended K- 1399,Black Gold Estates Subdivision No.2 KN-84-76,and any express easements of record. Dated this day of 025. Vernon Stanford,P sident Kenai Native Association NOTARY ACKNOWLEDGEMENT STATE OF ALASKA } )ss. THIRD JUDICIAL DISTRICT ) OL The foregoing instrument was acknowledged before me this day of Decdmbe-' , 20� by Vernon Stanford, President of Kenai Native Association. upJS��FAAE p�4'�� zif 44e�6 ?fig ` otary P lic in an r Alaska N *•p �� _ K= My com fission expires: X ? -] V0 At OF At mrruln>t���� Quit Claim Deed Kenai Native Association/City of Kenai Page 2 of IIIIIIIII I I IIIIII IIIIIII 2of2 eRecorded Document 302-2025-010976-0