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HomeMy WebLinkAboutResolution No. 2015-10in'� Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2015 -10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF CERTAIN RIGHT -OF -WAYS AND EASEMENTS WITHIN THE PROPOSED R.M. THOMPSON SUBDIVISION 2014 ADDITION. WHEREAS, on December 10, 2014, by Resolution PZ14 -26, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve R.M. THOMPSON SUBDIVISION 2014 ADDITION subject to certain conditions: and, WHEREAS, in conjunction with recommendation for approval of the preliminary plat, the Planning & Zoning Commission for the City of Kenai recommended the vacation of certain utility easements and right -of -ways no longer needed, consistent with the subdivision plans; and WHEREAS, on February 9, 2015, the Kenai Peninsula Borough Planning Commission met and approved the vacation of the right -of -ways and utility easements consistent with the Planning and Zoning Commission for the City of Kenai; and WHEREAS, on February 12, 2015, the City received notice from the Borough that consistent with State Statute and Borough code, the City has 30 days from February 9, 2015 to consent to or veto the vacation of these right -of -ways; and WHEREAS, Ordinance No. 2802 -2014 which became effective on January 16, 2015, amending Kenai Municipal Code 22.05.110(b) - Determination as to Need for Public Use, as follows: "Whether land previously dedicated to public use or should no longer be needed for public use shall be determined by the City Council by ordinance, except in cases of vacation of rights -of -way or easements which may be determined by resolution." WHEREAS, the right -of -ways and easements listed below are no longer needed for public use as alternative public right -of -ways and easements are provided for and are consistent with the development of R.M. THOMPSON SUBDIVISION 2014 ADDITION. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following right -of -ways and easements within the R.M. THOMPSON SUBDIVISION 2014 ADDITION, within the City of Kenai are no longer needed for public use: 1. Vacate the remaining right -of -way for Ninilchik Circle which is approximately 200 feet in length by 30 foot in width which runs along the western boundary of Lot 1A -3 of the preliminary plat; and 2. Vacate the portion of Ninilchik Drive which is approximately 392.16 feet in length and 30 feet in width which runs along the southern boundary of Lot 1A -3 of the preliminary plat; and 3. Vacate the 10 -foot utility easement lying along the northeasterly boundary of Lot 1A- 3 of the preliminary plat. (This easement is adjacent to lots 3, 4, 5, and 6, Block 3, Radar Subdivision); and 4. Vacate the 20 -foot utility easement which runs in a north -south direction for approximately 450 feet lying within the interior of Lot 1A -3 of the preliminary plat; and 5. Vacate the 20 -foot utility easement which runs in a east -west direction for approximately 300 feet lying within the interior of Lot 1A -3 of the preliminary plat. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. i 2�� PAT PORTER, MAYOR ATT Sandra dig , City &rk "Villawe with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 illl�l 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner phi_ DATE: March 4, 2015 SUBJECT: Resolution Number 2015 -10 — Consenting to the Vacation of Certain Rights -of -Way and Easements The purpose of this communication is to introduce Resolution Number 2015 -10; Vacation of Certain Rights -of -Way and Easements within the proposed R.M. Thompson Subdivision 2014 Addition. On December 10, 2014 by Resolution Number PZ14 -26, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve the Preliminary Plat. On February 9, 2015, the Kenai Peninsula Borough Planning Commission approved the vacation of the rights -of -way and easements no longer needed for public -use, consistent with the proposed subdivision plans. On February 12, 2015, the City of Kenai received notice from the Borough that that City has 30 -days from February 9, 2015 to consent to or veto the vacation of these rights -of -way and easements. The plat reconfigures Lot 1A -2 and vacates two 30 -foot rights -of -way as well as utility easements of varying widths. The subject parcel is located with the General Commercial Zone. The parcel is accessed off the Kenai Spur Highway which is a State maintained paved road. The property is serviced by a private well and septic system. The replat proposed to vacate the remaining portion of the Rights -of -Way for Ninilchik Circle which is approximately 200 feet in length by 30 feet in width running along the western boundary of Lot 1A -3. Vacate a portion of Ninilchik Drive which is approximately 392.16 feet in length by 30 feet in width running along the southern boundary of Lot 1A -3 of the proposed plat. Vacate a 10 -foot utility easement which lies along the northeasterly boundary of Lot 1A -3 of the preliminary plat. Vacate the 20 -foot utility easement which runs in a north -south direction for approximately 450 feet lying within the interior of Lot 1A -3 of the preliminary plat. Finally, vacate the 20 -foot utility easement which runs in an east -west direction for approximately 300 feet which lies within the interior of Lot 1A -3 of the preliminary plat Page 1 Pursuant to Kenai Municipal Code 22.05.110— Determination as to Need for Public Use as amended by Ordinance No. 2802 -2014, the vacation of rights -of -way and easements previously dedicated to public use can be relinquished by a Resolution. The Resolution must declare that such lands are no longer needed for a public use and therefore can be relinquished. Thank you for your consideration. Attachments: City of Kenai Planning and Zoning Commission Resolution No. PZ14 -26 City of Kenai Planning and Zoning Commission PZ14 -26 Staff Report Preliminary Plat R.M. Thompson Subdivision 2014 Addition Kenai Peninsula Borough Planning Commission Notice of Decision Kenai Peninsula Borough Right -of -Way and Utility Easement Petition Request Ordinance No. 2802 -2014 Page 2 Eire aiv ui CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -26 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat R.M. THOMPSON SUBDIVISION 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on December 10, 2014 and received from Integrity Surveys; and, WHEREAS, that the following right -of -ways and easements within the R.M. THOMPSON SUBDIVISION 2014 ADDITION, all within NE '/< Section 26, Township 6 North, Range 12, Seward Meridian, Alaska within the City of Kenai are no longer needed for public use: 1. Vacate the remaining right -of -way for Ninilchik Circle which is approximately 200 feet in length by 30 foot in width which runs along the western boundary of Lot 1A -3 of the preliminary plat; 2. Vacate the portion of Ninilchik Drive which is approximately 392.16 feet in length and 30 feet in width which runs along the southern boundary of Lot 1A -3 of the preliminary plat; 3. Vacate the 10 -foot utility easement lying along the northeasterly boundary of Lot 1A- 3 of the preliminary plat. (this easement is adjacent to lots 3, 4, 5, and 6, Block 3, Radar Subdivision); 4. Vacate the 20 foot utility easement which runs in a north -south direction for approximately 450 feet lying within the interior of Lot 1A -3 of the preliminary plat; 5. Vacate the 20 foot utility easement which runs in a east -west direction for approximately 300 feet lying within the interior of Lot 1A -3 of the preliminary plat; and; WHEREAS, The City of Kenai Administration finds that the 10 foot utility easement located along the full length of the northern property line within the R.M. THOMPSON SUBDIVISION 2014 ADDITION, all within NE '/< Section 26, Township 6 North, Range 12, Seward Meridian, Alaska within the City of Kenai is still needed for public use and does not support the vacation of said utility easement; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned General Commercial and therefore subject to said zone conditions. 2. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 3. Installation agreement or construction of improvements is not required. 4. Status of surrounding land is shown. 5. Utility easements, if required, shall be shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. 7. Street names designated on the plat are correct. 8. CONDITIONS: A. Further development of the property shall conform to all Federal, State and local regulations. B. The title block of Preliminary Plat shall be revised to read "2014" Addition. C. The 15 -foot utility easements as referenced in Plat Note number 3 shall be drawn on the plat. D. The plat shall be revised to remove the vacation of the 10 -foot wide utility easement located along the full length of the northern property line. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE R.M. THOMPSON SUBDIVISION 2014 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of December, 2014. CHAIRPERSON: ATTEST: uGt e ait, Chairperson g ndra Modigh, City Clerk STAFF REPORT To: Planning & Zoning Commission Date: December 10, 2014 Res: PZ14 -26 GENERAL INFORMATION Applicant: Graydon Cowgill Friendship Mission P.O. Box 2634 Kenai, Alaska 99611 Submitted by: Integrity Surveys 283 -9047 820 Set Net Drive Kenai, Alaska 99611 Requested Action: Preliminary Subdivision Plat — R.M. Thompson Subdivision, 2014 Replat Existing Legal Description: R.M. Thompson Subdivision 2012 Addition Amended Lot 1A -2, accordingto KIN 2012 -47 Proposed Legal Description: Lot 1A -3 R.M. Thompson Subdivision 2014 and showing the vacation of Ninilchik Drive Street Address: 14639 Kenai Spur Highway KPB Parcel No.: 03914230 Existing Zoning: General Commercial Current Land Use: Commercial - Friendship Mission Land Use Plan: Neighborhood Commercial ANALYSIS This plat reconfigures Lot 1A -2 and vacates two 30 -foot rights -of -way as well as utility easements of varying widths. The resulting parcel would be approximately 4.915 acres and would meet the minimum parcel size for the General Commercial Zone. The parcel is accessed off Kenai Spur Highway which is a State maintained paved road. The property is serviced by a private well and septic system. An installation agreement is not required. On September 24, 2014, the Planning and Zoning Commission approved PZ14 -21, Revised Preliminary Shoreline Heights 2014 Addition, located southwest of the subject PZ14 -26 Page 2 parcel. This plat allowed for the creation of a 48 lot residential subdivision along with the dedication of rights -of -way by the City of Kenai within the subdivision. A part of this subdivision allowed for the reconfiguration of a portion of the eastern property line along newly named Ninilchik Circle which terminates at the northwestern corner of the subject parcel with half a cul -de -sac. To create the second half remainder of the cul -de- sac for Ninilchik Circle, this plat proposes to reconfigure the northwestern corner of the subject parcel into the second remaining half of a 60 -foot wide right -of -way cul -de -sac. This would allow for the completion of Ninilchik Circle and vehicle turn around and access to the subject parcel as well as lots located in Radar Subdivision Block 3, located north of the subject parcel. As a part of the reconfiguration of the western property line, the Applicant proposed to vacate the additional remaining approximately 200 -foot long 30 -foot wide portion of Ninilchik Circle which runs along the western property line. By vacating this right -of -way it would allow for western property line to be reconfigured into a single line terminating at the southwestern corner of the subject parcel. The right -of -way for Ninilchik Circle is 60 feet in width; the portion within the boundary of Shoreline Heights 2014 Addition was vacated by the Revised Preliminary Plat of said subdivision. This plat proposes to vacate the 30 -foot wide right -of -way of Ninilchik Drive along the southern portion of the subject parcel. This right -of -way is no longer needed for access to the subject parcel or to Shoreline Heights Subdivision. Access is granted to the subject parcel from the Kenai Spur Highway. Therefore, vacation of this right -of -way would be consistent with the vacation of the 30 -foot right -of -way by the Revised Preliminary Plat of Shoreline Heights 2014 Addition. This plat also proposes to vacate utility easements that are located within the subject parcel. A 10 -foot wide by approximately 300 -foot in length changing to a 20 -foot by approximately 450 -foot in length utility easement runs in a north -south direction through the center of the subject parcel. Finally, a 20 -foot by approximately 350 -foot utility easement is located in an east -west direction within the subject parcel. These utility easements were created by the plat of Radar Subdivision Block 3, plat number K- 706. These easements are not being utilized and can therefore be vacated. RECOMMENDATIONS The replat will vacate the 30 -foot wide by approximately 200 feet long portion of Ninilchik Circle and reconfigure the northeastern corner of the subject parcel to a half cul -de -sac. It will also vacate the 30 -foot right -of -way of Ninilchik Drive which runs along the full length of the southern boundary of subject parcel. Finally, it will vacate utility easements, as follows: A 10 -foot wide by approximately 300 -foot in length changing to a 20 -foot by approximately 450 -foot in length utility easement runs in a north -south direction through the center of the subject parcel. Finally, a 20 -foot by approximately 350 -foot utility easement is located in an east -west direction within the subject parcel. These utility easements were created by the plat of Radar Subdivision Block 3, plat number K -706. These easements are not being utilized and can therefore be vacated. PZ14 -26 Page 3 The plat of RM THOMPSON SUBDIVISION 2014 ADDITION provides that the 10 -foot wide utility easement located along the full length of the northern property line shall be vacated. The Administration of the City of Kenai does not support this vacation because the City would like to retain the utility easement for future development of the surrounding properties. Therefore, staff recommends that the plat be revised to remove the vacation of the 10 -foot wide utility easement located along the full length of the northern property line. There is a commercial structure located on Lot 1A -2 of R.M. Thompson Subdivision, 2012 Addition. Plat does not provide any as -built information for the structure; however, if an encroachment exists, the plat does not create nor increase the encroachment. Recommend Approval with the following conditions: A. Further development of the property shall conform to all Federal, State and local regulations. B. The title block of the Preliminary Plat shall be revised to read "2014" Addition. C. The 15 -foot utility easements as referenced in Plat Note number 3 shall be drawn on the plat. D. The plat shall be revised to remove the vacation of the 10 -foot wide utility easement located along the full length of the northern property line. ATTACHMENTS: 1. Resolution No. PZ14 -26 2. Preliminary Plat 3. Drawing 22 2 \ 1a / / O jk� iw "I" A1VJFF P\.Oa. & M9ipgwwr' CrRTIFIC!TS OF SURVSI'OR I HEREBY CERTIFY THAT I AM PROPERLY REGISTERED AND STATE 10 PRACTICE LOUD SPRVENNG W THE STATE E ALASKA. THIS PUT REPRESENTS A SURVEY .MME O ME NT CODER MY DIRECT CMALLSON, ENE MONUMENTS SHOWN A HEREON AS AND HER AS ICS ARE CO AND ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT M LA D ENE SURVEY STANDARDS TA PRACTICE ALASKA. SURVEYORS IM THE STALE O ALASKA. / / =n / / / / / / / / S7 LEGEND T GLO/BLM MONUMENT RECOVERED AS NOTED (D PRIMARY MONUMENT RECOVERED AS NOTED • SECONDARY MONUMENT SET THIS SURVEY 316' X 30' ROAR WITH PLASTIC CAP O SECONDARY MONUMENT RECOVERED AS NOTED PC PLASTIC CAP ON REBAR YPC YELLOW PLASTIC CAR ON REM MPG BLUE PLASTIC CAP M REBAR ( 7 RECORD PER R.N. THOMPSON SUBDIVISION 2012 MDN. AMENDED PLAT NO. 202 -47 / PD L v /A'n u \ [LIET 1)s a F KENN /G SHAB la. GOVERNED BY TILE �W9G�N9 � ME CITY OOG THE \ \ 2) NO PRIVATE ACCESS TO STATE MNNTNNED ROWS PERMITTED UM \ \ APPROVED BY THE STATE ON ALASKA DEPARTMENT OF TRANSPORTATION. / \ 3) FRONT 15 FEET ADJACENT TO RIGHTS -OF -WAY IS ALSO A UnUTY EASEMENT. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A / \ \ UTUTY EASIMQIT WHICH WOULD INTERFERE WITH ME ABNTY OF A UTUTY M USE THE EASEIIENT. 4) THIS PROPERTY MAY BE AFFECTED BY THE FO U0W1NG EASEMENTS. T'NPF RD RECOING NCO. GATE BLANKET ELECTRIC EASEMENT BK: 2 PG: 41 KIM AUG. 4. 1958 BLOCK 3"'- REASSIGNED W: 11 PCi. IN KID DEC. 31, 1963 SLA� ELECTRIC CASEMENT SK: 11 M. W4 KRID Mo. 31, Mol REASSIGNED SK- 11 PG: IN KAD DEC. 31, 963 KANXET EIECTRIC EASEMENT W-- Pr. KRD NE BLANKET ELECTRIC EASEMENT BK: Y PG: 41 M AUG. 4.. 1958 R Q / REASSIGNED SK: 11 PG: 1De IN0 DEC. 31, 1963 L Y1\ \ \ S) WACmvATER dmeSL THE PARENT SUBDIVISION FOR THE LOTS RESULTING { / \ FROM T/IIS PUTTING ACTON WAS APPROVED BY THE KENAI PENINSULA +� BOROUGH ON APRIL 9. 2012. WASTEWATER TREAIMFNT AND DISPOSAL F\ \ \ SYSTEMS MUST MEET ENE RECUUTORY REQUIREMENTS OF TIE N A DEPARTMENT OF ENVIRONMENTAL CONSERVATION. a 1�p?p \ \ 6) THIS PARCEL MAY BE StXIECT TO A HIGHWAY RESERVATION 73 FIEF ON EACH \ E 'VIM 90E M THE CENIERIME OF THE KENN SPUR HIGHWAY AS C MEO BY TIE STAT OF ALASKA, OR in SUCCESSOR W INIEPEST, PURSUANT TO ROBING LOUD ORDERS M. 757 AND 1613 AND DEPARTMENT ORDER 2685 ISSUED BY THE SECRETARY ON INTERIOR Of TIE UNITED STATES ON AMERICA. 7) THE VACATION OF A PORTION aF \ \ AND THE INTERIOR UTILITY EASEMENTS APPROVED AT HE KENAI PENINSULA PL NMWC COMMISSION MEETING ON 4 � I I LOT IA -3 sp Plat • 4.915 AC. K \ 1 \ \ I I I \ I \ \ I I 1 \ \ u I 5883858W 39 1B �r � �NB9�1'STE 2126]' -- - -� INGREUNE VOI MYS PRASE ONE 03 32 1 �Y s� 0 WRVS I RU)ftJS I ARC LENGTH 1 CHORD LENGTH 1 CHORD BEARING DELTA ANGLE CI S0. iT5.41 93.0.] N1433 W 14T42 um N. ,r AIMe 14 3 i� 13 15 23 24 19 T 6 TVe w %at and(Ltm VICINITY 121 30 MAP x 31 I * - I MILE — - CFR7VICATE OF 0XURSHIP AHD DEDICATION I, RTE UNDERSIGNED, HEREBY CERTIFY THAT FRENDSIIP MISSION, AN A"AN NON - PROFIT CORPORATION, IS ENE DIMMER a: THE REAL PROPERTY SHOYIN AND DESCRIBED HEREON AND ON BEHALF OF FRFNOSHP MISSION, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RGHTS-OF -WAY AND GRANT Al EASEMENTS TO THE USE SHOW. %6ENOSIHP MISSION GRAYDON CO'AGLL (PRESIDENT) PO BOX M34 MAT, AK 99611 NOTARrC ACXNOWLEDCHE" FOR: GIAYDON CI AIXNOWLEDGED BEFORE ME THIS _ DAY OF— 20_ NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES_ .LN3W.L'dVd34 4JNINNY1d MZ U I AON IVNDI 30 kUZ) a3AI3DMd PLAT APPROVAL_ TNIS PLAT WAS APPROVED BY THE KENAI PENINSLAA BOROUGH PUNNING COMMISSION AT THE MEETING OF KENN PENINSULA BONWOI AUTHORED OFTCAL KPB FILE No. �J R. M. THOTAP90N SUBDIVISION 2012' A DITION A SUBDIW9ON Y'n.M. THOPSOEN SUBDIVISION 2012 MOTION MENDED (KIN 2012 -47) AND SNOWING THE VACATION OF NNHLCHIK DRIVE DWNER: FTOFNDSHIP MISSGN PO BOX 2634 KENN, AK 99011 LOCATED 111THIN TIE NE /4 SECTION 26, TORN, R12W, SE'WARD MER AN, CM M KENN. KENN RECORDING DISTRICT, KENN PENINSULA BOROUGH. NASD CONTAINING 4.913 ACRES INTEGRITY SURVEYS INC. 820 SET NET DRIVE KENN, AK 99611 RIWC - n77 RD-NHT SATYETP6 MAX — 90T 9D-1DI %AyERS JOB NQ 214207 DRAWN: NOV. 7. 2014 SI SURVEYED: DEC 2014 SCAT: 1' SO a20 j t� 12E IN ~ f.. Lot 1A -2, R. M. Thompson 2012 Addition _w ANCHORMAY M � �t r. N t V y 1 \\N W+ 6 S \ 170' 1 inch equals 167 feet The information depicted here } " on is for graphic representation only of the best available sources. 1 The City of Kenai assumes no `.S responsibility for errors on this i 7 ►j � map. Date: 2/2612015 KENAI PENINSULA BOROUGH WL PLANNING DEPARTMENT 0 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX (907) 714 -2378 Toll -free within the Borough: 1- 800 -478 -4 IVED www. borough. kenai.ak. us CITY OF KENAI MIKE BOO GH Y 15 February 11, 2015 KENAI PENINSULA BOROUGH PLANNING CI NOTICE OF DECISION MEETING OF FEBRUARY 9, 2015 PLANNING DEPARTMENT RE: Vacate portions of Ninilchik Drive and utility easements originally created by Radar Subdivision (KN -706) in 1960. a. Vacate the easterly portion of Ninilchik Drive lying adjacent to and west of original Lot 23, Lot 24, Lot 25 and Lot 26 Block 3 of Radar Subdivision; b. Vacate the remaining 30 feet of east to west portion of Ninilchik Drive lying adjacent to and south of Lot 31 and Tract A of Block 3 Radar Subdivision (now Lot 1A -2 R.M. Thompson 2012 Addition KN2012 -47); and C. Vacate two fillet areas of right -of -way that were not addressed with a similar vacation of said right -of -way by R.M. Thompson Subdivision Henderson Replat KN1987 -51. Also vacate portions of utility easements granted by Radar Subdivision (KN -706) in 1960. a. The westerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot lines of remaining Lot 3 through Lot 6 of Block 3 of the original Radar Subdivision; b. The entire 20 -foot wide utility easement bisecting Block 3 in a southeast to northwest direction and common to interior lines of Tract A, Lots 1 and 2 and Lots 23 through 31 of Block 3 of the original Radar Subdivision; C. The southerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot line of original Lots 22 and 23 of Block 3 Radar subdivision; and d. The entire 20 -foot wide utility easement cutting Block 3 in a southwest to northeast direction along common interior line of original Lot 28 and Lot 29 and common line to Lot 1 and Tract A of Block 3 of the original Radar Subdivision. Original Lots within Block 3 of Radar Subdivision, K -706, have been vacated and rearranged through plats KN1987 -51, KN2012 -6, and KN 2012 -19 (Amended as KN2012 -47). Tract A, Lot 1 and Lot 2 Block 3, and Lot 23 through Lot 31 Block 3 Radar Subdivision are currently part of Lot 1A -2 R.M. Thompson Subdivision 2012 Addition Amended KN2012 -47; all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough; KPB File 2015 -007. The Kenai Peninsula Borough Planning Commission approved the proposed vacations based on the following findings and conditions during their regularly scheduled meeting of February 9, 2015. Findings: 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Per KPB GIS mapping, ENSTAR has existing facilities within Lot 1A -3 that appear to be close to one of the utility easements proposed to be vacated. 7. Kenai Planning and Zoning Commission conditionally approved the preliminary plat that will finalize the subject vacations (if approved) on December 10, 2014. 8. When it is recorded, Shoreline Heights 2014 Addition will dedicate alternative right -of -way and utility easements for the block. 9. The preliminary plat that will finalize the proposed vacations (if approved) grants a 15 -foot utility easement along all rights -of -way. 10. The KPB Plat Committee conditionally approved the overall preliminary plat of Shoreline Heights 2014 Addition on September 22, 2014. 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 proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from February 9, 2015 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 Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent February 10, 2015 to: Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 Bryan Lowe 12231 N. Cherry Hills Dr. W. Sun City, AZ 85351 Graydon Cowgill Friendship Mission PO Box 2634 Kenai, AK 99611 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 Integrity Surveys 820 Set Net Drive Kenai, AK 99611 AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate portions of Ninilchik Drive and utility easements originally created by Radar Subdivision (KN- 706) in 1960. a. Vacate the easterly portion of Ninilchik Drive lying adjacent to and west of original Lot 23, Lot 24, Lot 25 and Lot 26 Block 3 of Radar Subdivision; b. Vacate the remaining 30 feet of east to west portion of Ninilchik Drive lying adjacent to and south of Lot 31 and Tract A of Block 3 Radar Subdivision (now Lot 1A -2 R.M. Thompson 2012 Addition KN2012 -47); and C. Vacate two fillet areas of right -of -way that were not addressed with a similar vacation of said right -of -way by R.M. Thompson Subdivision Henderson Replat KN1987 -51. Also vacate portions of utility easements granted by Radar Subdivision (KN -706) in 1960. a. The westerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot lines of remaining Lot 3 through Lot 6 of Block 3 of the original Radar Subdivision; b. The entire 20 -foot wide utility easement bisecting Block 3 in a southeast to northwest direction and common to interior lines of Tract A, Lots 1 and 2 and Lots 23 through 31 of Block 3 of the original Radar Subdivision; C. The southerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot line of original Lots 22 and 23 of Block 3 Radar subdivision; and d. The entire 20- footwide utility easement cutting Block 3 in a southwest to northeast direction along common interior line of original Lot 28 and Lot 29 and common line to Lot 1 and Tract A of Block 3 of the original Radar Subdivision. Original Lots within Block 3 of Radar Subdivision, K -706, have been vacated and rearranged through plats KN1987 -51, KN2012 -6, and KN 2012 -19 (Amended as KN2012 -47). Tract A, Lot 1 and Lot 2 Block 3, and Lot 23 through Lot 31 Block 3 Radar Subdivision are currently part of Lot 1A -2 R.M. Thompson Subdivision 2012 Addition Amended KN201247; all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough; KPB File 2015 -007. Staff Report given by Max Best PC Meeting: 2/9115 Purpose as stated in Petition: The other half of Ninilchik Drive has been vacated. This project will complete the vacation of Ninilchik Drive. This project will also remove the interior easements from the parent plat. Petitioner: Graydon Cowgill, President, Friendship Mission of Kenai, Alaska Location: On Kenai Spur Highway in the City of Kenai. Notification: Public notice appeared in the January 29 and February 5, 2015 issues of the Peninsula Clarion. Twenty-three certified mailings were sent to owners of property within 300 feet of the parcels. Two receipts had been returned when the staff report was prepared. Eleven notices were sent by regular mail to owners with 600 feet of the proposed vacation. Fourteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Comments Received: Kenai Planning and Zoning Commission: The Kenai Commission approved PZ 14 -26 including staff recommendations on December 10, 2014: Further development of the property shall conform to all Federal, State and local regulations KENAI PENINSULA BOROUGH PLANNING COMMISSION FEBRUARY 9, 2015 UNAPPROVED MEETING MINUTES PAGE 12 The title block of the preliminary plat shall be revised to read 2014 Additions. The 15 -foot utility easement as referenced in the Plat Note Number 3 shall be drawn on the plat. The plat shall be revised to remove the vacation of the 10 -foot wide utility easement located along the full length of the northern property line. An installation agreement is not required. KPB River Center: The proposed vacation is within the City of Kenai, which does not participate in the KPB Floodplain Program. The proposed subdivision is not affected by the Anadromous Stream Habitat Protection District. Staff Discussion: While preparing the report, staff noted the proposed vacation fronted equally on property owned by the Friendship Mission and by Bryan Lowe. Only the representative for the Friendship Mission signed the vacation petition. Staff asked the surveyor to get the signature of Bryan Lowe prior to February 9. The preliminary plat that will finalize the proposed vacations, if approved, is scheduled to be reviewed by the KPB Plat Committee on February 23, 2015. The preliminary plat that will finalize the proposed vacations, if approved, dedicates a portion of the cul-de -sac bulb for Ninilchik Circle. The remaining portion of the cul-de -sac bulb for Ninilchik Circle is proposed to be dedicated by the preliminary plat to the west (Shoreline Heights Phase Two). Ninilchik Circle will have a cul- de -sac turnaround per KPB 20.30.100 when the two preliminary plats are recorded. The KPB Plat Committee conditionally approved the overall preliminary plat for Shoreline Heights, which will be finalized in phases, on September 22, 2014. Per KPB GIS mapping, ENSTAR has existing facilities within Lot 1A -3 that appear to be close to one of the utility easements proposed to be vacated. ENSTAR may want an easement centered on their facilities. Comments from ENSTAR were not available when the staff report was prepared. Findings: 1. Sufficient rights -of -way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Per KPB GIS mapping, ENSTAR has existing facilities within Lot 1A -3 that appear to be close to one of the utility easements proposed to be vacated. 7. Kenai Planning and Zoning Commission conditionally approved the preliminary plat that will finalize the subject vacations (if approved) on December 10, 2014. 8. When it is recorded, Shoreline Heights 2014 Addition will dedicate alternative right -of -way and utility easements for the block. 9. The preliminary plat that will finalize the proposed vacations (if approved) grants a 15 -foot utility easement along all rights -of -way. 10. The KPB Plat Committee conditionally approved the overall preliminary plat of Shoreline Heights 2014 Addition on September 22, 2014. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as petitioned, subject to: 1. Signature of Bryan Lowe on the vacation petition. 2. Submittal of a final plat within one year of vacation approval. 3. Comply with the recommendations of the utility providers. 4. Retain the 10 -foot utility easement along the northern boundary of the subdivision per the Kenai Planning and Zoning Commission's recommendation. KENAI PENINSULA BOROUGH PLANNING COMMISSION FEBRUARY 9, 2015 UNAPPROVED MEETING MINUTES PAGE 13 If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. Per KPB 20.70.120: A. Denial of a vacation petition is a final act for which no further consideration shall be given by the Kenai Peninsula Borough. B. Upon denial by the planning commission, 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. END OF STAFF REPORT Chairman Pro Tern Foster opened the meeting for public comment. Seeing and hearing no one wishing to speak, Chairman Pro Tern Foster closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Ruffner moved, seconded by Commissioner Holsten to approve the vacations as petitioned per staff recommendations and conditions. VOTE: The motion passed by unanimous consent. BRYSON CARLUCCIO COLLINS ECKLUND ERNST FOSTER HOLSTEN ABSENT ABSENT ABSENT YES I YES YES YES ISHAM LOCKWOOD MARTIN RUFFNER VENUTI WHITNEY 9YES YES YES ABSENT I YES YES YES 4ABSENT PUBLIC HEARING 3. \Conditional Land Use Permit for a Material Site; Happy Valley Area Staff Rep given by Bruce Wall Applicant: Walt Blauvelt Landowner: \Boondocks, LLC Parcel ID #: 15bk200 -55, 159- 200 -56, and 159 - 200 -57 PC MEETING: February 9, 2015 Legal Description: Lots 17, 8, and 19 Eagle Estates, according to Plat Number 93 -26, Homer Recording istrict, Third Judicial Court, State of Alaska. Location: The northwest c ner of Warbler Circle / Weebe Street and Lem Road. BACKGROUND INFORMATION: The appli twishes to obtain a permit for sand, gravel, and peat extraction on approximately 7 acres within the pamels list above. The submitted site plan indicates that the material ' e haul route is Tall Tree Avenue via Weebe Street. Weebe Street is a private road that is not located ithin a dedicated right -of -way. The applicant has volunteered condition number 14, which states that th ermittee will provide dust suppression and will maintain the haul route to the borough maintained portion Tall Tree Avenue. The site plan and application indicates that a 6 -foot berm will be laced along all sides of the material site and that the berm on the west side of the material site will be plat 100 feet from the low wet areas on the property. Information submitted with the site plan indicates that therms will be utilized to protect against Please note that this notice is being sent to you to make a correction on a previously sent notice. The previous notice stated that if the Planning Commission approves the vacation, the Borough Assembly has thirty days to veto that approval. It should have stated the Kenai !Vity C0qMUt#qED thirty days to veto that approval. Below is how the notice should have read. So fry f0CIl'16N OF KENAI mconvemence. I .IAN 2 6 2015 PENINSULA CLARION I PLANNING DEPARTMENT KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a portion of Ninilchik Drive in the City of Kenai. Area under consideration is described as follows: A. Location and request: Vacate portions of Ninilchik Drive and utility easements originally created by Radar Subdivision (KN -706) in 1960. 1. Vacate the easterly portion of Ninilchik Drive lying adjacent to and west of original Lot 23, Lot 24, Lot 25 and Lot 26 Block 3 of Radar Subdivision; 2. Vacate the remaining 30 feet of east to west portion of Ninilchik Drive lying adjacent to and south of Lot 31 and Tract A of Block 3 Radar Subdivision (now Lot 1A -2 R.M. Thompson 2012 Addition KN2012 -47); and 3. Vacate two fillet areas of right -of -way that were not addressed with a similar vacation of said right -of -way by R.M. Thompson Subdivision Henderson Replat KN1987 -51. Also vacate portions of utility easements granted by Radar Subdivision (KN -706) in 1960. 1. The westerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot lines of remaining Lot 3 through Lot 6 of Block 3 of the original Radar Subdivision; 2. The entire 20 -foot wide utility easement bisecting Block 3 in a southeast to northwest direction and common to interior lines of Tract A, Lots 1 and 2 and Lots 23 through 31 of Block 3 of the original Radar Subdivision; 3. The southerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot line of original Lots 22 and 23 of Block 3 Radar subdivision; and 4. The entire 20 -foot wide utility easement cutting Block 3 in a southwest to northeast direction along common interior line of original Lot 28 and Lot 29 and common line to Lot 1 and Tract A of Block 3 of the original Radar Subdivision. Original Lots within Block 3 of Radar Subdivision, K -706, have been vacated and rearranged through plats KN1987 -51, KN2012 -6, and KN 2012 -19 (Amended as KN201247). Tract A, Lot 1 and Lot 2 Block 3, and Lot 23 through Lot 31 Block 3 Radar Subdivision are currently part of Lot 1A -2 R.M. Thompson Subdivision 2012 Addition Amended KN2012 -47; all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2015 -007 B. Purpose as stated in petition: The other half of Ninilchik Drive has been vacated. This project will complete the vacation of Ninilchik Drive. This project will also remove the interior easements from the parent plat. C. Petitioners: Graydon Cowgill, President for Friendship Mission of Kenai, Alaska Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, February 9, 2015, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska 99669 Anyone wishing to testify may come to the above meeting to give testimony or may submit a written statement to the attention of Maria Sweppy, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. The Planning Department recommends that written comments be received by Friday, February 6, 2015 [written comments may also be sent by Fax to 907 - 714 - 2378]. If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Maria Sweppy, Planning Department, 907 - 714 -2200 (1 -800- 478 -4441 toll free within Kenai Peninsula Borough). Paul Weller Platting Officer pvoeIIer@borough.kenai.ak.us PUBLISH (Thursday, January 29, 2015) RECEIVED CITY OF KENAI PENINSULA CLARION I JAN 2 6 1015 KENAI PENINSULA BOROUGH PLANNING COMMMW DEPARTMENT NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a portion of Ninilchik Drive in the City of Kenai. Area under consideration is described as follows: A. Location and request: Vacate portions of Ninilchik Drive and utility easements originally created by Radar Subdivision (KN -706) in 1960. 1. Vacate the easterly portion of Ninilchik Drive lying adjacent to and west of original Lot 23, Lot 24, Lot 25 and Lot 26 Block 3 of Radar Subdivision; 2. Vacate the remaining 30 feet of east to west portion of Ninilchik Drive lying adjacent to and south of Lot 31 and Tract A of Block 3 Radar Subdivision (now Lot 1A -2 R.M. Thompson 2012 Addition KN2012 -47); and 3. Vacate two fillet areas of right -of -way that were not addressed with a similar vacation of said right -of -way by R.M. Thompson Subdivision Henderson Replat KN1987 -51. Also vacate portions of utility easements granted by Radar Subdivision (KN -706) in 1960. 1. The westerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot lines of remaining Lot 3 through Lot 6 of Block 3 of the original Radar Subdivision; 2. The entire 20 -foot wide utility easement bisecting Block 3 in a southeast to northwest direction and common to interior lines of Tract A, Lots 1 and 2 and Lots 23 through 31 of Block 3 of the original Radar Subdivision; 3. The southerly one -half (10 feet) of the 20 -foot wide utility easement common to the interior lot line of original Lots 22 and 23 of Block 3 Radar subdivision; and 4. The entire 20 -foot wide utility easement cutting Block 3 in a southwest to northeast direction along common interior line of original Lot 28 and Lot 29 and common line to Lot 1 and Tract A of Block 3 of the original Radar Subdivision. Original Lots within Block 3 of Radar Subdivision, K -706, have been vacated and rearranged through plats KN1987 -51, KN2012 -6, and KN 2012 -19 (Amended as KN2012 -47). Tract A, Lot 1 and Lot 2 Block 3, and Lot 23 through Lot 31 Block 3 Radar Subdivision are currently part of Lot 1A -2 R.M. Thompson Subdivision 2012 Addition Amended KN2012 -47; all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2015 -007 B. Purpose as stated in petition: The other half of Ninilchik Drive has been vacated. This project will complete the vacation of Ninilchik Drive. This project will also remove the interior easements from the parent plat. C. Petitioners: Graydon Cowgill, President for Friendship Mission of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, February 9, 2015, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska 99669 Anyone wishing to testify may come to the above meeting to give testimony or may submit a written statement to the attention of Maria Sweppy, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. The Planning Department recommends that written comments be received by Friday, February 6, 2015 [written comments may also be sent by Fax to 907 -714- 2378]. If the Planning Commission approves the vacation, the Borough Assembly has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Maria Sweppy, Planning Department, 907- 714 -2200 (1 -800- 478 -4441 toll free within Kenai Peninsula Borough). Paul Voeller Platting Officer pvoe Iler @boro ug h. ken ai. a k. us PUBLISH (Thursday, January 29.2015) r1 tre"MPW*Mk.eroualtMMftDgWUMM 1"ftoRb REMOVED EMI D Y � tl, Mm somoWa Adaka 91�F7S!! Tog freewltW the aoratia h 14047$4"1, -W WM 2200 R xy W711a -2200 JAN 12 2015 Petition t0 Vacate Ptabtk R ight•4411fay /EowmiliMatted ~NING DE A BOROUGH PaWk 6Requilre NINE DEPARTMENT 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. 5500 non - refundable fee to help defray costs of advertising public hearing. ® City Advisory Planning Commission. Copy of minutes at which this Item was acted on, along with a copy of City Staff Report. Name of public rightofway proposed to be vacated is dedicated by the plat of RAOA2 Subdivision, filed as Plat No. K -1 h% in Recording District. Are there associated utility easements to be vacated? E3 Yes 1 $1 No Are eesements in use by airy utliity company? if so, eAhfeh aemparhy rJ� Easement for public toad or right -of -way as set out In (specify type of document) as recorded in Back Page of the Recording District. (Copy of recorded document must be submitted with Petition.) Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11x17 Inches in size. In the case of public rightoll way, the submhtal must include a sketch showing which parcels the vacated area will be attached to. Proposed attermadve dedication Is to be shown and labeled on the sketch. Has right-of-way been ful ly or partially constructed? ❑ Yes ® No is right -of -way used by vehicles / pedestrians / other? ❑ Yes ® No Is alternative rlghtofway being provided? G vL DE�SAG .� Yes ❑ No The�etltlorrormustprovidereasonablejustificatlon for the vacation. Reasonfor vacating; 'CUE cYnkcTC 1�dLt: yE 3A%baU -L)M1f 1zt\,F• )aA5 3sF4�t \IA(&m <%Aks 'VMCSFI'T WILI Gbrv�?LTM '(G \E VAckn OTI oV NiNIUWk T�'21�,>r Tuts -3;>4rrtt=r -r s ,i11i Al.wn 1"?Lln mil=- The petition must be signed (written signature) by owners of the majority of land fronting the rlghtof- way, easement, or platted public area proposed to be vacated. Each petitioner must Include address and legal description of his/her property. Submitted By: Signature as; Name: eooa HUn•iahearxysuM)e i^o QPetWoner ❑� Representathre Address 820 set Net Drive Kenai, AK 88611 Phone 2B341047 Petitioners: n Signature i % Signature Name T10 'I, Name - Address Address 2NAI AV Qt1611 owner Of Ty.ACT (d -2 I�vIMPSON�fD ZoY7. Signature FAUN . Name Address Ownerof Signature Name Address Ownerof Ownerof ROWEasement Vacad^n Petafona Pro dunes - ReWwdl/21/Id 2E \> rc i e � � S9ay t J NORTH .29M.I. 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IOr11P O LLB M NO M LIAR YN,Y AP RP •r M •iRRMtIIIFP RF.Lf. .L1t .. ��� \ � �M 1\ I \ FrP 1 9i 1 . 1 \ 1 1 1 \ �1 \ 1 1 1 I 1 1 1 s sPPL� \ � /_/ / ♦) s��ss39K �1���//����� Ya � �•O i mF`rN.alir ei •u.0 s mw.wR.. ano n.r .mw Awu mP �-rarz- 32 I 1 11 30 -t-l4 8� tL � O TM^^�+m^ 0 325 650 1,300' 1 wa. na+eim.rava Vicinity Map Date: 1/15/2015 BORGEN AVE 4 3 SUNSET J BLVD m Kenai Spur Highway J w u 3 SANAKAVE z Cook Inlet y 0 z;� m City of Kenal sgG�y� uj � Ninilchik Dr 3 J KORPI AVE 3 LENNAAVE Location of ROW and Utility Easements being Vacated $ALPINE AVE Ninilchik Dr 0 OQ 01, OQ 000 ~ z J aa 0 U J 3 g Z 7 y LL y FLORIDAAVE J J TM^^�+m^ 0 325 650 1,300' 1 wa. na+eim.rava Vicinity Map Date: 1/15/2015 f CITY OF KENAI ORDINANCE NO. 2802 -2014 Sponsored by: Legal AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.110- DETERMINATION AS TO NEED FOR PUBLIC USE, TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENT THAT COUNCIL CONSIDER ACQUISITION AND DISPOSAL OF RIGHT -OF -WAYS AND EASEMENTS BY ORDINANCE FOR PLATS AND VACATIONS. WHEREAS, as provided in KMC 14.10.010 - General, the City's Planning and Zoning Commission first considers preliminary plats for subdivisions and right -of -way vacations in the City; and, WHEREAS, Kenai Municipal Code 14.05.010 -Duties and Powers, provides that the Planning and Zoning Commission acts in an advisory capacity to the Kenai Peninsula Borough's Planning Commission with regard to approval of subdivisions plats and right -of -way vacations; and, WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, requires any acquisition or disposal of public land to be approved by Ordinance. WHEREAS, right -of -ways and easements are routinely dedicated to the City for public use through the plating process without Council input; and, WHEREAS, pursuant to Alaska Statute 29.45.140- Hearing and Determination, the Council has 30 days to veto or consent to the decision of the Kenai Peninsula Borough's Planning Commission to vacate a right -of -way or easement in the City; and, WHEREAS, 30 days is not a sufficient amount of time for the Council to consider the issue of a right -of -way or easement vacation by ordinance; and, WHEREAS, amending KMC 22.05.110- Determination as to need for public use, to except dedication of right -of -ways and easements through the plating process and allow for such determinations in regards to right -of -ways and easements by resolution, is consistent with the existing City and Borough process and resolves the timing issue while continuing to allow for reasonable public input and consideration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2802 -2014 Page 2 of 2 Section 2. Amendment of Section 2 Kenai Municipal Code, Section 22.05.1 hereby amended as follows: 22.05. 110 Determination as to need for public use. as to need for ;: That use, is (a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which the property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. This reauirement does not nnnty fn rioht -„f (b) Whether land previously dedicated to a F a different public use or should no longer be determined by the City Council by ordinance, abhc use should be dedicated to needed for public use shall be which shall contain the new public use for which the property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2014. ATTEST: Sandra Iv odigh,,ity Clerk PAT PORTER, MAYOR Introduced: December 3, 2014 Adopted: December 17, 2014 Effective: January 16, 2015 New Text Underlined; [DELETED TEXT BRACKETED)