HomeMy WebLinkAboutResolution No. 2015-51M
CITY OF KENAI
RESOLUTION NO. 2015 -51
Sponsored by: City Manager
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE
VACATION OF CERTAIN RIGHTS -OF -WAY AND EASEMENTS WITHIN THE PROPOSED
BELUGA SUBDIVISION 2015 REPLAT & RIGHT -OF -WAY VACATION.
WHEREAS, on July 8, 2015, by Resolution PZ15 -03, the Planning and Zoning
Commission of the City of Kenai recommended that the Kenai Peninsula Borough
Planning Commission approve BELUGA SUBDIVISION 2015 REPLAT & RIGHT -OF -WAY
VACATION 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 rights -of -way no longer needed, consistent with the subdivision plans; and
WHEREAS, on August 24, 2015, the Kenai Peninsula Borough Planning Commission
met and approved the vacation of the rights -of -way consistent with the Planning and
Zoning Commission for the City of Kenai; and
WHEREAS, on August 26, 2015, the City received notice from the Borough that
consistent with State Statute and Borough Code, the City has 30 days from August 24,
2015 to consent to or veto the vacation of these rights -of -way; and
WHEREAS, Ordinance No. 2802 -2014 which became effective on January 16, 2015,
amended 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 rights -of -way listed below are no longer needed for public use as
alternative public rights -of -way are provided for and are consistent with the
development of BELUGA SUBDIVISION 2015 REPLAT & RIGHT -OF -WAY VACATION.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the rights -of -way described as approximately 630 feet of the south portion
of Beluga Drive North, a 60 -foot right -of -way, as dedicated by Beluga Subdivision
K1425, which was later corrected by Beluga Subdivision K1447 as shown on Tract 5 of
the Preliminary Plat; right -of -way extends from Beluga Drive West to the northern
boundary of Lot 3 Beluga Subdivision within the BELUGA SUBDIVISION 2015 REPLAT
& RIGHT -OF -WAY VACATION, within the City of Kenai is no longer needed for public
use and shall be vacated.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
September, 2015.
I /
• RTER,MAYOR
"Vllaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 IIII
�mwv Telephone: 907 - 283 -7535 /FAX: 907 - 283 -3014 1992
MEMORANDUM:
\,,T O: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: September 10, 2015
SUBJECT: Resolution Number 2015 -51 - Vacation of Certain Right -of -Ways
within the Proposed Beluga Subdivision 2015 Replat & Right -of -Way
Vacation
The purpose of this communication is to introduce Resolution No. 2015 -51; Vacation of Certain
Right -of -Ways within the Beluga Subdivision 2015 Replat & Right -of -Way Vacation. On July 8, 2015
the City of Kenai Planning and Zoning Commission by resolution approved PZ15 -03; a Preliminary
Plat of Beluga Subdivision 2015 Replat & Right -of -Way Vacation.
This plat reconfigures Lots 1 through 3, Block 2, Beluga Subdivision, Plat No. K1447 and Lot 3A4,
Block 4, Beluga Subdivision, First Assembly of God Replat of Lots 3 & 4, Block 4, according to Plat
86 -228 into one large tract to be described as Tract 5, Beluga Subdivision 2015 Replat and Right -of-
Way Vacation. The resulting parcel would be approximately 6.774 acres is would be accessed off
Princess Street; a City maintained gravel road.
In conjunction with the review and approval process, the City of Kenai Planning and Zoning
Commission approved the vacation of the Right -of -Ways which are no longer needed for a public
purpose. This Right -of -Way is shown on the attached Preliminary Plat of Beluga Subdivision 2015
Replat & Right -of -Way Vacation.
At their meeting on August 24, 2015 the Kenai Peninsula Borough Planning Commission met and
approved the vacation of the right -of -way consistent with the City's Planning and Zoning
Commission recommendation. This approval was then forwarded to the City of Kenai in the form of
a notice from the Borough and was received on August 26, 2015.
Pursuant to Kenai Municipal Code 22.05.110(b) — Determination as to Need for Public Use, the
vacation of City lands previously dedicated to a public use can only be relinquished by a Resolution.
The Resolution must declare that such lands are no longer needed for a public use and that the
right -of -ways and easements are no longer needed for public use.
Thank you for your consideration.
Attachment:
Preliminary Plat Beluga Subdivision 2015 Rapist & Right -of -Way Vacation
City of Kenai Planning and Zoning Commission Resolution No. PZ15 -03 and Staff Report
Kenai Peninsula Borough Right -of -Way Petition Request
Kenai Peninsula Borough Planning Commission Notice of Decision
Mai-
CITY
OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -03
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 of BELUGA SUBDIVISION 2015 REPLAT & RIGHT OF
WAY VACATION was referred to the City of Kenai Planning and Zoning Commission on
March 25, 2015, and received from Integrity Surveys; and,
WHEREAS, that the following right -of -way within the BELUGA SUBDIVISION 2015
REPLAT & RIGHT OF WAY VACATION, a replat of Lots 1 through 3, Block 2, Beluga
Subdivision, Plat No. K1447 and Lot 3A4, Block 4, Beluga Subdivision, First Assembly of
God Replat of Lots 3 & 4, Block 4, according to Plat 86 -228, within the City of Kenai is no
longer needed for public use:
Vacate that portion of the 60 foot right -of -way for Beluga Drive North which is set forth
on the plat of BELUGA SUBDIVISION 2015 REPLAT & RIGHT OF WAY VACATION,
which is attached hereto as Exhibit "A "; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential 1 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.
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 the Preliminary Plat shall be revised to read "a replat of Lots
1 — 3, Block 2, Beluga Subdivision, Plat No. K1447 and Lot 3A4, Block 4,
First Assembly of God Replat of Lots 3 and 4, Block 4, Plat No. 86- 228 ".
C. The 15 -foot utility easements as referenced in Plat Note number 2 shall be
drawn on the plat.
D. Lot 2 Block 3 as shown on the Preliminary Plat shall be revised to read Lot 1.
E. The labels "Park Reserve" shall be removed from the Plat.
F. A signature block shall be added to the plat for the City of Kenai to approve
the vacation of a portion of Beluga Drive North.
G. At such time as Kenai New Life Assembly of God or its affiliates or subsidiary's
obtain Lot 2, Block 3, a new Plat shall be submitted to the City of Kenai to further
vacate Beluga Drive North and create a cul -de -sac at its terminus to guarantee
uninterrupted physical access.
H. An exception to Kenai Municipal Code 14.10.070(d)(3) has been granted to not
require the construction of a cul -de -sac or other vehicle turn around. At such time
as Beluga Drive North is constructed by Kenai New Life Assembly of God or its
affiliates, subsidiary's, or future property owners a new Plat shall be submitted to
the City of Kenai to dedicated this cul -de -sac or other vehicle turn around subject
to approved of the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE BELUGA SUBDIVISION 2015
REPLAT & RIGHT OF WAY VACATION SUBJECT TO ANY NEGATIVE FINDINGS AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of July, 2015.
CHAIRPERSON
To: Planning & Zoning Commission
Date: July 8, 2015
GENERAL INFORMATION
Applicant: Kenai New Life Assembly of God 283 -7752
209 Princess St.
Kenai, Alaska 99611
Submitted by: Integrity Surveys 283 -9047
820 Set Net Drive
Kenai, Alaska 99611
Res:PZ15 -03
Requested Action: Preliminary Subdivision Plat — Beluga Subdivision 2015 Replat &
ANALYSIS
This plat reconfigures Lots 1 through 3, Block 2, Beluga Subdivision, Plat No. K1447 and
Lot 3A4, Block 4, Beluga Subdivision, First Assembly of God Replat of Lots 3 & 4, Block 4,
according to Plat 86 -228 into one large tract to be described as Tract 5, Beluga Subdivision
2015 Replat and Right -of -Way Vacation. The resulting parcel would be approximately
6.774 acres and would meet the minimum lot size for the Rural Residential 1 zone.
Princess Street is a City maintained gravel road which currently provides access to the
property. The property is serviced by City water and sewer. An installation agreement is
not required.
Right of Way Vacation
Existing Legal
Description:
Lots 1 though 3, Block 2, Beluga Subdivision, Plat No. K1447 and
Lot 3A4, Block 4, Beluga Subdivision, First Assembly of God Replat
of Lots 3 & 4, Block 4, according to Plat 86 -228
Proposed Legal
Description:
Tract 5, Beluga Subdivision 2015 Replat & Right of Way Vacation.
Street Address:
209 Princess St.; 207 Beluga Dr. West; 209 Beluga Dr. North; and
251 Beluga Dr. North
KPB Parcel No.:
04523011; 04523001; 04523002; and 04523003
Existing Zoning:
Rural Residential 1
Current Land Use:
Church and Vacant Lots
Land Use Plan:
Neighborhood Residential
ANALYSIS
This plat reconfigures Lots 1 through 3, Block 2, Beluga Subdivision, Plat No. K1447 and
Lot 3A4, Block 4, Beluga Subdivision, First Assembly of God Replat of Lots 3 & 4, Block 4,
according to Plat 86 -228 into one large tract to be described as Tract 5, Beluga Subdivision
2015 Replat and Right -of -Way Vacation. The resulting parcel would be approximately
6.774 acres and would meet the minimum lot size for the Rural Residential 1 zone.
Princess Street is a City maintained gravel road which currently provides access to the
property. The property is serviced by City water and sewer. An installation agreement is
not required.
PZ15 -03 Page 2
The plat further vacates a portion of the 60 -foot right -of -way for Beluga Drive North (see
copy of plat for exact location). This right -of -way is not being utilized and can, therefore,
be vacated.
The rights -of -way for Beluga Drive West and Beluga Drive North have not been developed
and the City of Kenai will not require that these road rights -of -way be developed at this
time because the replated tract shall have access off of Princess Street.
The vacation of Beluga Drive North will create a dead end street at the north end of the
vacated portion of Beluga Drive North. Kenai Municipal Code 14.10.070(d)(3) provides
that "a dead end street shall terminate in an open space (preferably circular) having a
minimum radius of fifty (50) feet." Kenai Peninsula Borough Code 20.30.100 also provides
"The closed end of the cul -de -sac shall have a suitable turnaround with a minimum radius
of 50 feet to the property line ". The surveyor, Scott Huff, with Integrity Surveys has
submitted a letter and drawing to the City of Kenai indicating that he will be asking for an
exception to KPB 20.30.100 based on the following findings:
• The original plat dedicated a large area to ROW where there is angle in Beluga
Drive N.
• The corner area at the angle is 85.4' in width.
• The large corner area is large enough to allow for the construction of an improved
roadway. An exhibit drawing is attached showing a possible road design.
• Lot 2 will be the only parcel using Beluga Dr. N for access. All other lots front on
Princess St.
• Princess Street is an improved road and city maintained. Beluga Drive N. is not an
improved road.
• Tract 5 will continue to use the existing access on Princess Street.
• It does not seem reasonable to have a cul -de -sac dedication 109' away from the
"corner" cul -de -sac area.
The City of Kenai agrees with the surveyor's findings and would not require that a cul -de-
sac be constructed at the southern end of Beluga Drive North. Lot 1, Block 3, Beluga
Subdivision will be the only parcel using Beluga Dr. N for access and at this point and the
property has not been developed. If at some point Lot 1, Block 3, Beluga Subdivision is
developed, the portion of Beluga Drive North that is not being vacated would have to be
developed to provide access to the lot and a cul -de -sac created pursuant to Kenai
Municipal Code. City Administration agrees with the surveyor's findings that a cul -de -sac
could be created in this area as it would provide enough with to be constructed and
dedicated.
RECOMMENDATIONS
The Kenai New Life Assembly of God is located on Lot 3A4, Block 4, Beluga Subdivision,
First Assembly of God Replat of Lots 3 & 4, Block 4, however; the replat does not provide
any as -built information as to the location of the structure within the lot boundaries; if an
encroachment exists, the plat does not create nor increase the encroachment.
PZIS -03 Page 3
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 "a replat of Lots 1 — 3,
Block 2, Beluga Subdivision, Plat No. K1447 and Lot 3A4, Block 4, First Assembly of
God Replat of Lots 3 and 4, Block 4, Plat No. 86- 228 ".
C. The 15 -foot utility easements as referenced in Plat Note number 2 shall be drawn on
the plat.
D. Lot 2 Block 3 as shown on the Preliminary Plat shall be revised to read Lot 1.
E. The labels "Park Reserve" shall be removed from the Plat.
F. A signature block shall be added to the plat for the City of Kenai to approve the
vacation of a portion of Beluga Drive North.
G. At such time as Kenai New Life Assembly of God or its affiliates or subsidiary's obtain
Lot 2, Block 3, a new Plat shall be submitted to the City of Kenai to further vacate
Beluga Drive North and create a cul -de -sac at its terminus to guarantee uninterrupted
physical access.
ATTACHMENTS:
1. Resolution No. PZ15 -03
2. Preliminary Plat
3. Letter and Drawing prepared by Integrity Surveys
4. Map
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Date: 2/24/2015
PHONE - (907) 283 -9047
SURVEYORS FAX - -- (907) 283 -9071 PLANNERS
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KENAI PENINSULA BOROUGH
PLANNING DEPARTMENT
d 144 North Binkley Street • Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2215 • FAX., (907) 714 -2378
Toll- {ref-fbaQorough: 1- 800.478 -4441, Ext. 2215
Received MIKE NAVARRE
BOROUGH MAYOR
AUG 31 2015
August 26, 2015
Kenai City Council r)'OF
210 Fidalgo Avenue
Kenai, AK 99611 -7794
RE: Vacate approximately 630 feet of the south portion of Beluga Drive North, a 60 -foot wide right -of-
way, as dedicated by Beluga Subdivision (KN1425), which was later corrected by Beluga
Subdivision (KN1447). Proposed vacation extends from Beluga Drive West to the northern
boundary of Lot 3 Beluga Subdivision. The proposed vacation is within the SW1 /4 of Section 33,
Township 6 North, Range 11 West, Seward Meridian, Alaska, within the City of Kenai and Kenai
Peninsula Borough; KPB File 2015 -080
Dear Kenai City Council Members:
In accordance with AS 29.40.140, no vacation of a city right -of -way and /or easement may be made
without the consent of the city council. Based on the following findings of fact, the Planning Commission
approved the referenced vacation during their regularly scheduled meeting of August 24, 2015.
Findings:
1. The original plat dedicated a large area to ROW where there is an angle in Beluga Drive North.
2. The comer area at the angle is 85.4 feet wide.
3. The large corner area is large enough to allow for the construction of an improved roadway. An
exhibit drawing is attached showing a possible road design.
4. Lot 2 will be the only parcel using Beluga Drive North for access. All other lots front on Princess
Street.
5. Princess Street is an improved road and city maintained.
6. Beluga Drive North is not an improved road.
7. Tract 5 will continue to use the existing access on Princess Street.
8. It does not seem reasonable to have a cul-de -sac dedication 109 'away from the "corner" cul -de-
sac area.
9. The proposed right-of-way vacation is within the City of Kenai.
10. Development of property and rights -of -way must comply with the requirements of the zoning
district.
11. Kenai Planning and Zoning Commission conditionally approved the proposed vacation and
associated preliminary plat on July 8, 2015.
12. Sufficient rights -of -way exist to serve surrounding properties.
13. No surrounding properties will be denied access.
14. Per the submittal, the right -of -way proposed for vacation is not in use for access.
15. Per the submittal, the right -of -way proposed for vacation has not been constructed.
16. To date, one utility company has provided a letter of non - objection.
This petition is being sent to you for your consideration and action.
The City Council has 30 days from August 24, 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
Planning Commission will stand.
Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are
attached.
Sincerely,
ax`J. sGt I
MJB:pdh Planning Director
Attachments
4 � KENAI PENINSULA BOROUGH
PLANNING DEPARTMENT
144 North Binkley Street • Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2200 • FAX (907) 714 -2378
Toll -free within the Borough: 1- 800 - 478 -4441, Ext. 2200
www.borounh.kenai.ak.us
MIKE NAVARRE
BOROUGH MAYOR
August 26, 2015
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF DECISION
MEETING OF AUGUST 24, 2015
RE: Vacate approximately 630 feet of the south portion of Beluga Drive North, a 60 -foot wide right-of-
way, as dedicated by Beluga Subdivision (KN1425), which was later corrected by Beluga
Subdivision (KN1447). Proposed vacation extends from Beluga Drive West to the northern
boundary of Lot 3 Beluga Subdivision. The proposed vacation is within the SWIM of Section 33,
Township 6 North, Range 11 West, Seward Meridian, Alaska, within the City of Kenai and Kenai
Peninsula Borough; KPB File 2015 -080
The Kenai Peninsula Borough Planning Commission approved the proposed vacation based on the
following findings during their regularly scheduled meeting of August 24, 2015.
Findings
1. The original plat dedicated a large area to ROW where there is an angle in Beluga Drive North.
2. The corner area at the angle is 85.4 feet wide.
3. The large corner area is large enough to allow for the construction of an improved roadway. An
exhibit drawing is attached showing a possible road design.
4. Lot 2 will be the only parcel using Beluga Drive North for access. All other lots front on Princess
Street.
5. Princess Street is an improved road and city maintained.
6. Beluga Drive North is not an improved road.
7. Tract 5 will continue to use the existing access on Princess Street
8. It does not seem reasonable to have a cul-de -sac dedication 109' away from the "corner" cul -de-
sac area.
9. The proposed right -of -way vacation is within the City of Kenai.
10. Development of property and rights -of -way must comply with the requirements of the zoning
district.
11. Kenai Planning and Zoning Commission conditionally approved the proposed vacation and
associated preliminary plat on July 8, 2015.
12. Sufficient rights-of-way exist to serve surrounding properties.
13. No surrounding properties will be denied access.
14. Per the submittal, the right -of -way proposed for vacation is not in use for access.
15. Per the submittal, the right -of -way proposed for vacation has not been constructed.
16. To date, one utility company has provided a letter of non - objection.
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 August 24, 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 August 26, 2015 to:
Kenai City Council City of Kenai
210 Fidalgo Avenue 210 Fidalgo Street
Kenai, AK 99611 -7794 Kenai, AK 99611 -7794
Kenai New Life Assembly of God Integrity Surveys
Rev. Stephen Brown 820 Set Net Drive
209 Princess St. Kenai, AK 99611
Kenai, AK 99611 -7821
AGENDA ITEM F. PUBLIC HEARINGS
Vacate approximately 630 feet of the south portion of Beluga Drive North, a 60- footwide right -of -way,
as dedicated by Beluga Subdivision (KN1425), which was later corrected by Beluga Subdivision
(KN1447). Proposed vacation extends from Beluga Drive West to the northern boundary of Lot 3
Beluga Subdivision. The proposed vacation is within the SW1 /4 of Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, within the City of Kenai and Kenai Peninsula Borough;
KPB File 2015 -080
STAFF REPORT
PC Meeting: 8/24/15
Purpose as stated in petition: The vacation will allow the landowner to have one large parcel that is not
encumbered with ROWs and lot lines.
Petitioner: Rev. Stephen Brown, Kenai New Life Assembly of God, Kenai, Alaska
Notification: Public notice was published in the August 13 and August 20, 2015 issues of the Peninsula
Clarion.
Seven certified mailings were sent to owners of property within 300 feet of the parcels. Six receipts have been
returned. One notice was returned because it was unclaimed. Notice of the proposed vacation was sent by
regular mail to 8 owners within 600 feet.
Public hearing notices were sent by regular mail to three interested agencies. Thirteen notices were emailed
to agencies and interested parties. Notices were emailed to eight KPB staff members.
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:
ENSTAR: No comments, recommendations, or objections.
KPB Addressing Officer: No objection.
Kenai Planning and Zoning Department conditionally approved the proposed right -of -way vacation and
associated preliminary plat on July 8, 2015. An installation agreement is not required.
KPB River Center: The City of Kenai does not participate in the floodplain program. The proposed vacation
and associated preliminary plat are not affected by the Anadromous Habitat Protection District.
Staff Discussion:
The associated preliminary plat vacates interior lot lines and replats vacated right -of -way to create a 6.8 -acre
tract. The Plat Committee will review the plat on September 14, 2015.
The proposed vacation and associated preliminary plat were emailed to ACS, GCI, ENSTAR, and Homer
Electric Association for review and comment on July 16.
Surveyor's Findings
1. The original plat dedicated a large area to ROW where there is an angle in Beluga Drive North,
2. The corner area at the angle is 85.4 feet wide.
3. The large comer area is large enough to allow for the construction of an improved roadway. An
exhibit drawing is attached showing a possible road design.
4. Lot 2 will be the only parcel using Beluga Drive North for access. All other lots front on Princess
33
Street.
5. Princess Street is an improved road and city maintained.
6. Beluga Drive North is not an improved road.
7. Tract 5 will continue to use the existing access on Princess Street.
8. It does not seem reasonable to have a cul -de -sac dedication 109' away from the "comer" cul -de -sac
area.
KPB Staff Findings:
9. The proposed right -of -way vacation is within the City of Kenai.
10. Development of property and rights -of -way must comply with the requirements of the zoning district.
11. Kenai Planning and Zoning Commission conditionally approved the proposed vacation and associated
preliminary plat on July 8, 2015.
12. Sufficient rights -of -way exist to serve surrounding properties.
13. No surrounding properties will be denied access.
14. Per the submittal, the right -of -way proposed for vacation is not in use for access.
15. Per the submittal, the right -of -way proposed for vacation has not been constructed.
16. To date, one utility company has provided a letter of non-objection-
STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as
petitioned, subject to:
1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation
approval.
KPB 20.70.110:
A vacation of a city street, public right -of -way, public area, or public easement located within an
incorporated city may not be approved without the consent of the city council. The Kenai City Council
shall have 30 calendar days from the date of approval in which to veto the planning commission
decision. If no veto is received by the planning director within the specified period, the city shall be
considered to have given consent to the vacation.
KPB 20.70.120:
A. Denial of a vacation petition is a final act forwhich 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.
KPB 20.70.130:
THE FINAL PLAT MUST BE RECORDED WITHIN ONE YEAR OF THE VACATION CONSENT IN KPB
20.70.110.
END OF STAFF REPORT
34
AGENDA ITEM F. PUBLIC HEARINGS
Vacate approximately 630 feet of the south portion of Beluga Drive North, a 60 -foot wide right-of-way,
as dedicated by Beluga Subdivision (KN1425), which was later corrected by Beluga Subdivision
(KN1447). Proposed vacation extends from Beluga Drive West to the northern boundary of Lot 3
Beluga Subdivision. The proposed vacation is within the SW1 /4 of Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, within the City of Kenai and Kenai Peninsula Borough;
KPB File 2015 -080
Staff Report given by Max Best
PC Meeting: 8/24/15
Purpose as stated in petition: The vacation will allow the landowner to have one large parcel that is not
encumbered with ROWS and lot lines.
Petitioner: Rev. Stephen Brown, Kenai New Life Assembly of God, Kenai, Alaska
Notification: Public notice was published in the August 13 and August 20, 2015 issues of the Peninsula
Clarion.
Seven certified mailings were sent to owners of property within 300 feet of the parcels. Six receipts have been
returned. One notice was returned because it was unclaimed. Notice of the proposed vacation was sent by
regular mail to 8 owners within 600 feet.
Public hearing notices were sent by regular mail to three interested agencies. Thirteen notices were emailed
to agencies and interested parties. Notices were emailed to eight KPB staff members.
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:
ENSTAR: No comments, recommendations, or objections.
KPB Addressing Officer. No objection.
Kenai Planning and Zoning Department conditionally approved the proposed right -of -way vacation and
associated preliminary plat on July 8, 2015. An installation agreement is not required.
KPB River Center: The City of Kenai does not participate in the floodplain program. The proposed vacation
and associated preliminary plat are not affected by the Anadromous Habitat Protection District.
Staff Discussion:
The associated preliminary plat vacates interior lot lines and replats vacated right -of -way to create a 6.8 -2cre
tract. The Plat Committee will review the plat on September 14, 2015.
The proposed vacation and associated preliminary plat were emailed to ACS, GCI, ENSTAR, and Homer
Electric Association for review and comment on July 16.
Surveyor's Findings
1. The original plat dedicated a large area to ROW where there is an angle in Beluga Drive North.
2. The corner area at the angle is 85.4 feet wide.
3. The large corner area is large enough to allow for the construction of an improved roadway. An
exhibit drawing is attached showing a possible road design.
4. Lot 2 will be the only parcel using Beluga Drive North for access. All other lots front on Princess
Street.
KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 24, 2015 MEETING MINUTES PAGE 7
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5. Princess Street is an improved road and city maintained.
6. Beluga Drive North is not an improved road.
7. Tract 5 will continue to use the existing access on Princess Street.
8. It does not seem reasonable to have a cul -de -sac dedication 109' away from the "corner' cul -de -sac
area.
KPB Staff Findings:
9. The proposed right -of -way vacation is within the City of Kenai.
10. Development of property and rights -of -way must comply with the requirements of the zoning district.
11. Kenai Planning and Zoning Commission conditionally approved the proposed vacation and associated
preliminary plat on July 8, 2015.
12. Sufficient rights -of -way exist to serve surrounding properties.
13. No surrounding properties will be denied access.
14. Per the submittal, the right -of -way proposed for vacation is not in use for access.
15. Per the submittal, the right -of -way proposed for vacation has not been constructed.
16. To date, one utility company has provided a letter of non - objection.
STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as
petitioned, subject to:
1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation
approval.
KPB 20.70.110:
A vacation of a city street, public right -of -way, public area, or public easement located within an
incorporated city may not be approved without the consent of the city council. The Kenai City Council
shall have 30 calendar days from the date of approval in which to veto the planning commission
decision. If no veto is received by the planning director within the specified period, the city shall be
considered to have given consent to the vacation.
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.
KPB 20.70.130:
THE FINAL PLAT MUST BE RECORDED WITHIN ONE YEAR OF THE VACATION CONSENT IN KPB
20.70.110.
END OF STAFF REPORT
Chairman Martin opened the meeting for public comment. Seeing and hearing no one wishing to speak
Chairman Martin closed the public comment period and opened discussion among the Commission.
MOTION: Commissioner Foster moved, seconded by Commissioner Isham to approve the vacation of the
630 feet of the south portion of Beluga Drive North, a 60 -foot wide right -of -way, as dedicated by Beluga
Subdivision with staff recommendations and findings.
Findings
1. The original plat dedicated a large area to ROW where there is an angle in Beluga Drive North.
2. The corner area at the angle is 85.4 feet wide.
3. The large corner area is large enough to allow for the construction of an improved roadway. An
exhibit drawing is attached showing a possible road design.
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4. Lot 2 will be the only parcel using Beluga Drive North for access. All other lots front on Princess
Street.
5. Princess Street is an improved road and city maintained.
6. Beluga Drive North is not an improved road.
7. Tract 5 will continue to use the existing access on Princess Street.
8. It does not seem reasonable to have a cul -de -sac dedication 109' away from the "corner" cul -de -sac
area.
9. The proposed right -of -way vacation is within the City of Kenai.
10. Development of property and rights -of -way must comply with the requirements of the zoning district.
11. Kenai Planning and Zoning Commission conditionally approved the proposed vacation and associated
preliminary plat on July 8, 2015.
12. Sufficient rights -of -way exist to serve surrounding properties.
13. No surrounding properties will be denied access.
14. Per the submittal, the right -of -way proposed for vacation is not in use for access.
15. Per the submittal, the right -of -way proposed for vacation has not been constructed.
16. To date, one utility company has provided a letter of non - objection.
Commissioner Holsten asked who owned the property. Mr. Best replied that the church owns the property
with Rev. Brown being the petitioner.
VOTE: The motion passed by unanimous consent.
AGENDA ITEM F. PUBLIC HEARINGS
2. Vacate that portion of Toppenberg Avenue lying west of Lot 2 Block 3 Marriott Subdivision Addition
No. 1 Part Two, said vacation being the west 375 to 435 feet, more or less, of Toppenberg Avenue, a
60 -foot public right -of -way, including the half 50 -foot radius temporary turnaround easement located
on the north side at the western end of Toppenberg Avenue within Lot 1 Block 3 Marriott Subdivision
Addition No. 1 Part Two. Also vacate any associated utility easements granted with these portions of
right -of -way. Toppenberg Avenue, associated utility easements, and the half 50 -foot radius temporary
turnaround were dedicated /granted by Marriott Subdivision Addition No. 1 Part Two (Plat KN 78-83)
and Sangster Subdivision (Plat KN 2005 -35). All portions of the requested vacations are located in the
Sterling area within the NW14 SW1 /4, Section 21, Township 5 North, Range 9 West, Seward
Meridian, Alaska, within the Kenai Peninsula Borough; KPB File No. 2015 -083.
Staff Report given by Max Best PC Meeting: 8/24/15
Puroose as stated in petition: The undeveloped portion of Toppenberg Street provides no public use or
purpose. It is not suited for development due to drainage issues and limited access. The vacation area was
evaluated by Aardvark Construction and determined unsuitable for a driveway to the Sangster Lot 2 due to
extremely poor soil and substantial drainage issues. A road or driveway would experience unstable base,
impassable due to flooding and constant maintenance issue as experienced by the existing
Toppenberg street.
The subject right -of -way is not used by any person for pedestrian access, all- terrain or motor vehicles, or lake
access. The state of Hall Lake (Stage 3 Hydrosere) and the size of the lake will not support public access.
Nesting Loons further limit lake use.
The intended purpose of the Toppenberg Street was to access subdivided property in the Hall Lake Addition.
See Attachment A. The Hall Lake Addition subdivided plot was changed and eliminated the need to
access Lot 1 of the old subdivision plot. (See Attachment B).
KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 24, 2015 MEETING MINUTES PAGE 9
UNAPPROVED MINUTES
CARLUCCIO
YES
COLLINS
YES
ECKLUND
YES
ERNST
YES
FOSTER
YES
GLENDENING
YES
HOLSTEN
YES
ISHAM
YES
LOCKWOOD I
YES
MARTIN
YES
RUFFNER
YES
VENUTI
YES
WHITNEY
ABSENT
12 YES
1ABSENT
AGENDA ITEM F. PUBLIC HEARINGS
2. Vacate that portion of Toppenberg Avenue lying west of Lot 2 Block 3 Marriott Subdivision Addition
No. 1 Part Two, said vacation being the west 375 to 435 feet, more or less, of Toppenberg Avenue, a
60 -foot public right -of -way, including the half 50 -foot radius temporary turnaround easement located
on the north side at the western end of Toppenberg Avenue within Lot 1 Block 3 Marriott Subdivision
Addition No. 1 Part Two. Also vacate any associated utility easements granted with these portions of
right -of -way. Toppenberg Avenue, associated utility easements, and the half 50 -foot radius temporary
turnaround were dedicated /granted by Marriott Subdivision Addition No. 1 Part Two (Plat KN 78-83)
and Sangster Subdivision (Plat KN 2005 -35). All portions of the requested vacations are located in the
Sterling area within the NW14 SW1 /4, Section 21, Township 5 North, Range 9 West, Seward
Meridian, Alaska, within the Kenai Peninsula Borough; KPB File No. 2015 -083.
Staff Report given by Max Best PC Meeting: 8/24/15
Puroose as stated in petition: The undeveloped portion of Toppenberg Street provides no public use or
purpose. It is not suited for development due to drainage issues and limited access. The vacation area was
evaluated by Aardvark Construction and determined unsuitable for a driveway to the Sangster Lot 2 due to
extremely poor soil and substantial drainage issues. A road or driveway would experience unstable base,
impassable due to flooding and constant maintenance issue as experienced by the existing
Toppenberg street.
The subject right -of -way is not used by any person for pedestrian access, all- terrain or motor vehicles, or lake
access. The state of Hall Lake (Stage 3 Hydrosere) and the size of the lake will not support public access.
Nesting Loons further limit lake use.
The intended purpose of the Toppenberg Street was to access subdivided property in the Hall Lake Addition.
See Attachment A. The Hall Lake Addition subdivided plot was changed and eliminated the need to
access Lot 1 of the old subdivision plot. (See Attachment B).
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