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HomeMy WebLinkAboutResolution No. PZ2026-17KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-17 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT MICAH SUBDIVISION RININGER REPLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESS: 1605 Rainbow Drive & 108 Glacier Street. LEGAL DESCRIPTION: Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian KPB PARCEL NUMBERS: 04522072 & 04522016 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Surveying, on behalf of property owners Lacey & Zachary Rininger, for a replat of Lot 156B, Micah Subdivision & Government Lot 155, Township 6- Not#h-1Range -11--West,-Sec#ion 34, Seward Meridian; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lots will have access from Rainbow Drive (a maintained gravel City road); and, WHEREAS, City water is not available to the proposed lot; and, WHEREAS, City sewer is not available to the proposed lot; and, WHEREAS, private water and wastewater have been installed on -site and are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC); and, WHEREAS, an easement for utilities is granted this plat adjacent to rights -of -way, along the north and east boundaries of the proposed lot; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites, and the existing on -site private water and Resolution No. PZ2026-17 Page 2 of 2 wastewater system are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). 2. Pursuant to KMC 14.10.080 Minimum improvement required, the access right-of-way within the proposed preliminary plat exists prior to this plat. The right-of-way is a continuation of an existing street 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 RR zoning district of 20,000 square feet (= 0.47 acre), with a proposed lot size of 3.080 acres. 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 Micah Subdivision Rininger Replat, for a replat Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian, 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 10T" DAY OF JUNE, 2026. Jeanne Keaton, Chair ATTE T: og n P'r , D puty City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT K E N kA 2 TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Land Management Analyst DATE: June 1, 2026 SUBJECT: Resolution No. PZ2026-17 — Preliminary Plat— Micah Subdivision Rininger Replat Request Staff Recommendatiov Applicant: Property Owner: Legal Descriptions: Property Addresses KPB Parcel Nos.: Zoning District: Land Use Plan: Surrounding Uses: The applicant is proposing a preliminary plat to replat Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian Adopt Resolution No. PZ2025-25 recommending approval of Preliminary Plat — Micah Subdivision Rininger Replat, creating one (1) lot of 3.197 acres. Jason Schollenberg, PLS 10535 Katrina Blvd. Ninilchik, AK 99639 Lacey & Zachary Rininger Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian 1605 Rainbow Drive & 108 Glacier Street 04522072 & 04522016 Rural Residential (RR) Low Density Residential (SR) Improved and Vacant Rural Residential SUMMARY A preliminary plat has been submitted from Jason Schollenberg, PLS on behalf of the property owner for a replat of Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian, and vacating approximately 210 feet of the 30- foot-wide Glacier Street right-of-way (ROW) to create one (1) parcel. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. NA'LYSIS The proposed replat meets the minimum lot size requirement of 20,000 square feet (= 0.47 acre) for the Rural Residential (RR) zoning district. The size of the proposed lot is approximately 134,165 square feet (3.080 acres). City water and wastewater are not available in this area; however, private water and wastewater have been installed on -site and are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). Direct access to the proposed lots is provided via Rainbow Drive, a maintained gravel City road. The portion of ROW along misty Haven Lane to be granted this plat was granted by BLM Land Patent 50-65-0236, dated October 12, 1964, and is a continuation of the unimproved Misty Haven Lane ROW. The approximately 210-foot by 30-foot portion was granted to the City of Kenai at the Micah Subdivision of Government Lot 156, and does not reflect a Patented ROW (see attachments). The Kenai City Council must declare the approximately 210 feet of the 30-foot-wide Glacier Street ROW not needed for a public purpose, and approve the vacation of these rights - of -way as shown on the preliminary plat. The City of Kenai Public Works Department has reviewed the preliminary plat and has no comments. Therefore, staff finds that an installation agreement is not required for the preliminary plat. During the field survey of the subject lots, it was discovered that the existing improvements encroach on the building setback and utility easement, thus making the improvement a non- conforming structure. The building file has been flagged, and no construction or modification will be allowed that will increase the non -conformity of this structure. Staff finds that the preliminary plat for a replat of Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites, and the existing on -site private water and wastewater system are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). 2. Pursuant to KMC 14.10.080 Minimum improvement required, the access right-of-way within the proposed preliminary plat exists prior to this plat. The right-of-way is a continuation of an existing street 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 (= 0.47 acre), with a proposed lot size of 3.080 acres. 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 Resolution No. PZ2026-17 Preliminary Plat Micah Subdivision Rininger Replat Page 2 of 3 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 Micah Subdivision Rininger Replat meets the general standards of Kenai Municipal Code (KMC), Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommend approval of Resolution No. PZ2026-17 for a replat Lot 156B, Micah Subdivision & Government Lot 155, Township 6 North, Range 11 West, Section 34, Seward Meridian, 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. The Kenai City Council must declare the approximately 210 feet of the 30-foot-wide Glacier Street right-of-way not needed for a public purpose and approve the vacation of the rights -of -way as shown on the preliminary plat. ATTACHMENTS Aerial Map Application Preliminary Plat, Micah Subdivision Rininger Replat BLM Land Patent 50-65-0236 Plat, Micah Subdivision Resolution No. PZ2026-17 Preliminary Plat Micah Subdivision Rininger Replat Page 3 of 3