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HomeMy WebLinkAboutResolution No. 2016-12WA CITY OF KENAI RESOLUTION NO. 2016 -12 Sponsored by: City Manager A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF 25 -FOOT WIDE BY APPROXIMATELY 297 -FOOT LONG RIGHT -OF -WAY WITH CUL -DE -SAC, WHICH IS SET FORTH ON THE PLAT OF HADDOCK SUBDIVISION KDC REPLAT, WHICH IS ATTACHED HERE TO AS EXHIBIT "A ". WHEREAS, on December 9, 2015, by Resolution PZ15 -31, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve HADDOCK SUBDIVISION KDC REPLAT AND RIGHTS - 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 for a public use, consistent with the subdivision plans; and, WHEREAS, on February 22, 2016, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and Right -of -Way Dedication consistent with the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on March 4, 2016, the City received notice from the Kenai Peninsula Borough that consistent with State Statue and Borough Code, the City has 30 -days from February 22, 2016 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, 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. "; and, WHEREAS, the Utility Companies of: ENSTAR Natural Gas, and Homer Electric Company have submitted statements to the Kenai Peninsula Borough which offer no objection to the removal of these rights -of -way; and, WHEREAS, the Rights -of -Way listed below are no longer needed for a public use as alternative public Rights -of -Way are provided for and are consistent with the development of HADDOCK SUBDIVISOIN KDC REPLAT AND RIGHTS -OF -WAY VACATION. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following Rights -of -Way within the Haddock Subdivision KDC Replat & Rights -of -Way Vacation, within the City of Kenai is no longer needed for public use: 1. Vacate a 25 -foot wide by approximately 297 -foot long unconstructed Right -of -Way with Cul -de -sac, commonly known as Coolidge Lane, as dedicated on Haddock Subdivision B.L.M. Lot 135, plat KN -1659, as shown on Haddock Subdivision KDC Replat and Rights -of -Way Vacation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2016.j- j rt /2�`�/ PAT P RRTE , MAYOR A T: San ra od'gh, Ci t Clerk "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t�ll�l u Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: March 16, 2016 SUBJECT: Resolution No. 2016 -12 — Vacation of Certain Rights -of -Way within the Proposed Haddock Subdivision KDC Replat The purpose of this communication is to introduce Resolution No. 2016 -12; Vacation of Certain Rights -of -Way within the Haddock Subdivision KDC Replat. On December 9, 2015 the City of Kenai Planning & Zoning Commission by Resolution approved PZ15 -31; a Preliminary Pat of Haddock Subdivision KDC Replat & Rights -of -Way Vacation. The subject Preliminary Plat reconfigures Lots 3, 4, and 5, Block 1, Haddock Subdivision, Plat No. K -1659 into one large parcel to be described as Lot 3A, Haddock Subdivision KDC Replat. The resulting parcel would be approximately 1.379 acres and would meet the minimum lot size for the General Commercial zone. North Forest Drive is a City maintained paved street which currently provides access to Lots 3 and 4, Block 1, Haddock Subdivision. Second Avenue is a City maintained paved street which provides access to Lot 5, Block 1, Haddock Subdivision. In conjunction with the review and approval process, the City of Kenai Planning & Zoning Commission approved the vacation of Coolidge Lane; a 25 -foot wide by approximately 297 -foot long unconstructed Right -of -Way with cul -de -sac. The subject Right -of -Way is no longer needed for a public use. At their meeting on February 22, 2016 the Kenai Peninsula Borough Planning Commission met and approved the subject plat and vacation of Coolidge Lane. This approval is consistent with the City's Planning & 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 March 4, 2016. 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 of the Council of the City of Kenai. The Resolution must declare that such lands and Rights -of -Way are no longer needed for a public use. Thank you for your consideration. Attachment: Preliminary Plat Haddock Subdivision KDC Replat Planning & Zoning Commission Resolution PZ15 -31 and Staff Report Kenai Peninsula Borough Planning Commission Notice of Decision Kenai Peninsula Borough Right -Way- Petition Request T29.95- 41 J — � U SECOND AVENUE 66' S89'59'00 "E 65! n 2 1/2' alum. cap - t GOVT LOT 136 0 N o CERTIFICATE OF ACCEPTANCE z Z 3 THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF w W THE CITY OF KENAI FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING 1 EASEMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT THE ACCEPTANCE OF LANDS FOR J PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE J PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. BY: Z RICK KOCH , CITY MANAGER CITY OF KENAI m z n DATE: Z an x N i_ 3 FORMER LOT B L 10 -di 5 i CB 1%84 +t 1952 329.95' M ~0 50' 5 I FORMER LOT 4 \ FcwNea cart D.' OCKT ONE o FORMER LOT 3 C) U) N = LOT 3A I-- 7.379 AC LU LLI C3 , O j ro T Ne 59'15 "W o° Lz — GOVT LOT 155 � GOVT LOT 156 GOVT LOT 157 r b ) "W 134.94' I Y LLI LLI -, C7 Q' w Z N M Q LOT 2 I m N LL LLI U) 0 Im LOT 1 Z T' an 30 28 1 27 NORTH -31 IS SUBD32 33 34 T6N WA Im1N TSN ca 6 RaR 5 4 3 ate. Qj E1� X � I loop r RIVER + - . 9 0 W VICINITY MAP NOTES Scale 1" = 1 Mile 1) Water supply and sewage disposes systems shall be permitted only in conformance with applicable requirements of 18 AAC 72 and 18 AAC 80. 2) No permanent sbuclum shall be constructed or placed within an easement which would Interfere with Me abllRy, as Milfty to use the easement. 3) The Kenai Peninsula Borough Planning Commission approved the vacation of COOLIDGE STREET 25' RNV W the meeting of XXX, 2015. 4) Development must meet the City of Kenai Chapter 14 Zoning code requirements. 6) This plat was prepared from data of record KN1659, KN2010 -23, and KN201152. Al record data mated to the common basis of bearing shown hereon. No additional field survey was performed. M LEGEND VJ 50 3 op pgp Record BLM monument attached to regulation post. n or° ® Record Primary monument as described. z • 5/8" steel rebar of record CERTIFICATE OF OWNERSHIP ENGINEERING NG GOVT LOT 158 ® / R/W Vacated E OF A4,1 $0 AND DEDICATION I aIXeaTNP, u(, axes �* 49IH */ J �nd We hereby certify that we are the ownare of the real property shown and PROJECT No. 152015 � described hereon and we hereby adopt this plan of subdivision and by our fee consent dedicate all dghts-of -way and public areas to public use and grant all NOTARY'S ACKNOWLEDGEMENT PLAT APPROVAL i i M. SCOTT M4ANE /// 011 M easements to the use shown. FOR: This plat was approved by the KENAI 4 Acknowledged before me this PENINSULA BOROUGH PLANNING COMMISSION at the meeting of day of _, 2015 Greg Nissan, lo authorized agent M commission etc %' Kenai Development LLC Y Aires: 2015. KENAI PENINSULA BOROUGH by Notary Public for the .�_ State of Alaska _- __R HIGHWAY Authorized Official KENAI WASTEWATER DISPOSAL R/W VARIES eLM Plans for wastewater disposal that meet regulatory requirements are on file at the w5131a Department of Environmental Conseroadon. S 6 1' tliam. steel cap '+ 1952 M�Scoti McLane LS. 4928 AK Date - 589'59'30 "E 659.80' 5-31 t/4 S -6 Plat # lies eau �m zo- nme KOC REPLA7' (A Resubdivision of Haddock Subd. B.L.M. LOT 135 KN 1659 and the associated Vacation of Coolidge ST. 25' R /W) Kenai Development Company LLC, owner P.O. Box 8485 Nikiski, AK 99635 LOCATION 1.379 AC. M/L SITUATED IN THE SE 1/4 SW 1/4 SEC. 31 T.6N., R.11W., S.M., AK., THE CITY OF KENAI AND THE KENAI PENINSULA BOROUGH IN THE KENAI RECORDING 6es,c 1 - e. I pArt ;.cTaal3 I ...F NO.: N/A I anawu I : Mml ENGINEERING NG ® $URVEnNG'MWPING P.O. BO %4all 480 KPB FILE NO. 2015% X% I aIXeaTNP, u(, axes OIG volca:(mpzwz'a �nd ,Ax %t 11299JR8a 4W W.MCUWECC.CCM PROJECT No. 152015 6es,c 1 - e. I pArt ;.cTaal3 I ...F NO.: N/A I anawu I : Mml Mail CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -31 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 HADDOCK SUBDIVISION KDC REPLAT was referred to the City of Kenai Planning and Zoning Commission on December 9, 2015, and received from McLane Consulting, Inc.; and, WHEREAS, that the following right -of -way within the HADDOCK SUBDIVISION KDC REPLAT, a replat of Lots 3, 4, and 5, Block 1, HADDOCK SUBDIVISION, according to the Plat No. K -1659, within the City of Kenai is no longer needed for public use: Vacate twenty -five foot right -of -way for Coolidge Street which is set forth on the plat of HADDOCK SUBDIVISION KDC REPLAT, which is attached hereto as Exhibit "A' 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 not correct. The street referenced as "N. Forest Street' should be changed to read as "N Forest Dr' — i. 8. CONDITIONS: a. Further development of the property sha!I conform to all Federal, State and local regulations. b. The name of the street shown on the plat as "N. Forest Street" should be changed to read as "N. Forest Drive ". c. The City Council for the City of Kenai must approve the vacation of the right -of -way for Coolidge Street, pursuant to Kenai Peninsula Borough Code 20.28.100. The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. e. The applicant must submit a Landscape /Site Plan, pursuant to Kenai Municipal Code 14.24.020, prior to beginning development of the project. f. Prior to beginning construction on the project, applicant must obtain a building permit. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE HADDOCK SUBDIVISION KDC REPLAT, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of December, 2015. i CHAIRPERSON: ATTES . Jeff T t, Chairperson ndra Modigh, City C `fit.. `q 'j .oF.,1Frti STAFF REPORT To: Planning & Zoning Commission Date: December 9, 2015 Res: PZ15 -31 GENERAL INFORMATION Applicant: Kenai Development Company, LLC P.O. Box 8485 Nikiski, Alaska 99611 Submitted by: McLane Consulting, Inc. P.O. Box 468 Soldotna, Alaska 99669 Requested Action: Preliminary Subdivision Plat— Haddock Subdivision KDC Replat and Vacation of the Coolidge Street right -of -way Existing Legal Description: Lots 3, 4, and 5, Block 1, Haddock Subdivision, according to Plat K -1659 Proposed Legal Description: Lot 3A, Block 1, Haddock Subdivision, KDC Replat Street Address: 109 N. Forest Drive; 1501 Second Avenue; and 1503 Second Avenue KPB Parcel No.: 04315019; 04315020; and 04315021 Existing Zoning: General Commercial Current Land Use: Vacant Land Use Plan: Neighborhood Commercial ANALYSIS i nin Nrdi rewnugures Lots z5, 4, and 5, Block 1, Haddock Subdivision, Plat No. K -1659 into one large parcel to be described as Lot 3A, Haddock Subdivision KDC Replat. The resulting parcel would be approximately 1.379 acres and would meet the minimum lot size for the General Commercial zone. North Forest Drive is a City maintained paved street which currently provides access to Lots 3 and 4, Block 1, Haddock Subdivision. Second Avenue is a City maintained paved street which provides access to Lot 5, Block 1, Haddock Subdivision. Water and sewer lines are located within the rights -of -way for N. Forest Drive and Second Avenue; therefore, City water and sewer services are available to applicant. An installation agreement is riot required. PZ1S -31 Staff Report Page 2 As stated earlier, subject property is zoned General Commercial. Kenai Municipal Code 14.22.010 (Land Use Table) provides that a residential use in this zone is considered a secondary use. The primary use for this property must be a commercial use; therefore; the applicant must have a commercial use on the property as well as a residential use (multi - family dwelling). Depending on the commercial use, the applicant may have to apply fora Conditional Use Permit. The applicant has filed a petition with the Kenai Peninsula Borough to vacate the twenty - five foot right -of -way for Coolidge Street (see plat for detailed drawing of right -of -way). The applicant states that a trail exists within the right -of -way; however, the right -of -way has not been developed as an improved street. Access to the property which lies to the west of subject property is provided by N. Gill Street. Properties to the east of subject property are provided access via N. Forest Drive. The properties to the south of subject property have access via N. Gill Street, N. Forest Drive or the Kenai Spur Highway. Staff finds that this right -of -way is not being utilized and can, therefore, be vacated. RECOMMENDATIONS The subject property is currently vacant. The applicant, Kenai Development Company, LLC has indicated that they intend to develop an apartment complex on subject property. Prior to proceeding with the project, the applicant wishes to replat the property to remove the exiting property lines between Lots 3, 4, and 5, Block 1, Haddock Subdivision and to vacate the existing Coolidge Street right -of -way. The Planning and Zoning Commission recommends approval of the plat of Haddock Subdivision KDC Replat, with the following conditions: a. Further development of the property shall conform to all Federal, State and local regulations. b. The name of the street shown on the plat as "N. Forest Street" should be changed to read as "N. Forest Drive ". C. The City Council for the City of Kenai must approve the vacation of the right -of- way for Coolidge Street, pursuant to Kenai Peninsula Borough Code 20.28.100. d. The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. e. The applicant must submit a Landscape /Site Plan, pursuant to Kenai Municipal Code 14.24.020, prior to beginning development of the project. f. Prior to beginning construction on the project, applicant must obtain a building permit. PZ15 -31 Staff Report Page 3 ATTACHMENTS: 1. Resolution No, PZ15 -31 Z. Application 3. Preliminary Plat 4. Map KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2215 • FAX., (907) 714 -2378 Q Toll -free within the Borough: 1- 800 -478 -4441, Ext. 2215 „a www.kpb.us MIKE NAVARRE BOROUGH MAYOR February 24, 2016 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 RE: Vacate the 25 -ft wide (approximately 297 -foot long) Coolidge Lane cul-de -sac (partial) right -of- way as dedicated on Haddock Subdivision B.L.M. Lot 135, plat KN -1659. The right -of -way being vacated is unconstructed and located within the SE'% SE% SW% of Section 31, Township 06 North, Range 11 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough; KPB File 2016 -001. 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 February 22, 2016. Findings 1. The proposed vacation and replat are within the City of Kenai. 2. Development within the property must comply with the requirements of the zoning district. 3. Haddock Subdivision KDC Replat, which will finalize the proposed vacation if it is approved, replats Lots 3 -5 Haddock Subdivision into one lot (3A) containing 1.4 acres. 4. Lot 3A, Haddock Subdivision KDC Replat, fronts North Forest Drive and Second Avenue, which are both paved and maintained by the City of Kenai. 5. Sufficient rights -of -way exist to serve the surrounding properties. 6. ENSTAR and Homer Electric Associated submitted written statements of non - objection. 7. Vacation of Coolidge Lane will not bring the block out of compliance with 20.30.170. 8. Per the submittal, the right -of -way is not being used by vehicles or pedestrians. 9. No surrounding properties will be denied access. This petition is being sent to you for your consideration and action. The City Council has 30 days from February 22, 2016 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, Planning Director Y MJ B: pdh Attachments 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.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR February 25, 2016 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF FEBRUARY 22, 2016 RE. Vacate the 25 -ft wide (approximately 297 -foot long) Coolidge Lane cul -de -sac (partial) right -of- way as dedicated on Haddock Subdivision B.L.M. Lot 135, plat KN -1659. The right -of -way being vacated is unconstructed and located within the SE% SE% SW% of Section 31, Township 06 North, Range 11 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough; KPB File 2016 -001. The Kenai Peninsula Borough Planning Commission approved the proposed vacation based on the following findings during their regularly scheduled meeting of February 22, 2016. Findings 1. The proposed vacation and replat are within the City of Kenai. 2. Development within the property must comply with the requirements of the zoning district. 3. Haddock Subdivision KDC Replat, which will finalize the proposed vacation if it is approved, replats Lots 3 -5 Haddock Subdivision into one lot (3A) containing 1.4 acres. 4. Lot 3A, Haddock Subdivision KDC Rapist, fronts North Forest Drive and Second Avenue, which are both paved and maintained by the City of Kenai. 5. Sufficient rights -of -way exist to serve the surrounding properties. 6. ENSTAR and Homer Electric Associated submitted written statements of non - objection. 7. Vacation of Coolidge Lane will not bring the block out of compliance with 20.30.170. 8. Per the submittal, the right -of -way is not being used by vehicles or pedestrians. 9. No surrounding properties will be denied access. 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 22, 2016 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 25, 2016 to: Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 Kenai Development Company, LLC PO Box 8485 Nikiski, AK 99635 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 McLane Consulting, Inc. PO Box 468 Soldotna, AK 99669 AGENDA ITEM F. PUBLIC HEARINGS 1. Vacate the 25 -ft wide (approximately 297 -foot long) Coolidge Lane cul- de-sac (partial) right -of -way as dedicated on Haddock Subdivision B.L.M. Lot 135, plat KN -1659. The right -of -way being vacated is unconstructed and located within the SE% SE% SW %of Section 31, Township 06 North, Range 11 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough; KPB File 2016 -001. Staff Report given by Max Best PC Meeting: 2/22/16 Purpose as stated in petition: Petitioners state that: 1) The right -of -way is not being used as a street and that only a trail exists along the route; 2) The surrounding parcels are served by alternative constructed right -of -ways; 3) Parcels are being replotted; and 4) Half- dedication only. Adjoining parcel to the west is fully developed, which makes obtaining matching dedication unlikely. Petitioner: Kenai Development Company, LLC of Nikiski, Alaska Notification: Public notice appeared in the February 11 and February 18, 2016 issues of the Peninsula Clarion. Eleven certified mailings were sent to owners of property within 300 feet of the parcels. Ten receipts have been returned. Thirty-three public hearing notices were sent by regular mail to owners within 600 feet of the proposed vacation. Public hearing notices were emailed to 11 KPB staff. Notice of the proposed vacation was emailed for 19 agencies and interested parties. Public hearing notices were sent by regular mail to the Kenai Library and Kenai Post Office with a request to post in public places. 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. Homer Electric Association: Reviewed /no comments. Kenai Planning and Zoning Commission: Conditionally approved the proposed vacation on December 9, 2015. The conditions of the approval will be individually addressed by the Plat Committee during preliminary plat review. River Center. The proposed vacation is not affected by the Anadromous Stream Habitat Protection District. The City of Kenai does not participate in the KPB Floodplain Program. KPB Street Name Review: North Forest Street should be North Forest Drive. Staff Discussion: The preliminary plat that will finalize the proposed vacation if it is approved is scheduled for Plat Committee review on March 14, 2016. Comments from ACS and GCI were not available when the staff report was prepared. Findings: 1. The proposed vacation and replat are within the City of Kenai. 2. Development within the oropertv must comply with the reouire UNAPPROVED MINUTES the zoning district. 3. Haddock Subdivision KDC Replat, which will finalize the proposed vacation if it is approved, replats Lots 3 -5 Haddock Subdivision into one lot (3A) containing 1.4 acres. 4. Lot 3A, Haddock Subdivision KDC Replat, fronts North Forest Drive and Second Avenue, which are both paved and maintained by the City of Kenai. 5. Sufficient rights -of -way exist to serve the surrounding properties. 6. ENSTAR and Homer Electric Associated submitted written statements of non - objection. 7. Vacation of Coolidge Lane will not bring the block out of compliance with 20.30.170. 8. Per the submittal, the right -of -way is not being used by vehicles or pedestrians. 9. No surrounding properties will be denied access. 10. Per the submittal, a trail exists along the route. STAFF RECOMMENDATION: Based on Findings 1 -9, staff recommends approval of the vacation as petitioned, subject to: 1. Grant utility easement(s) requested by the utility providers, if any. 2. Submittal of a final plat within a timeframe that will allow recording of the plat to occurwithin one year of vacation consent. 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 or borough 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. Commissioner Glendening recused himself from discussion and voting due to voting on this at the Kenai City Planning & Zoning Commission meeting. MOTION: Commissioner Ruffner moved, seconded by Commissioner Lockwood to approve the vacation as petitioned based on the following findings of fact. Findings 1. The proposed vacation and replat are within the City of Kenai. 2. Development within the property must comply with the requirements of the zoning district. 3. Haddock Subdivision KDC Replat, which will finalize the proposed vacation if it is approved, replats Lots 3 -5 Haddock Subdivision into one lot (3A) containing 1.4 acres. 4. Lot 3A, Haddock Subdivision KDC Replat, fronts North Forest Drive and Second Avenue, which are both paved and maintained by the City of Kenai. 5. Sufficient rights -of -way exist to serve the surrounding properties. KENAI PENINSULA BOROUGH PLANNING COMMISSION FEBRUARY 22, 2016 MEETING MINUTES PAGE 14 UNAPPROVED MINUTES 6. ENSTAR and Homer Electric Associated submitted written statements of non - objection. 7. Vacation of Coolidge Lane will not bring the block out of compliance with 20.30.170. & Per the submittal, the right -of -way is not being used by vehicles or pedestrians. 9. No surrounding properties will be denied access. VOTE: The motion passed by unanimous consent. CARLUCCIO COLLINS ECKLUND ERNST FOSTER GLENDENING HOLSTEN YES ABSENT ABSENT YES YES RECUSED YES SHAM LOCKWOOD MARTIN RUFFNER VENUTI WHITNEY 10YES YES YES YES YES YES YES 1RECUSED 2 ABSENT AGENDA ITEM F. PUBLIC HEARING 2. Conditional Land Use Permit for a Material Site; Ninilchik Area Staff Report given by Bruce Wall PC MEETING: February 22, 2016 Applicant: SBC Construction, Inc. Landowner: Nikiski Disposal, Inc. Parcel ID#: 015- 161 -11 Legal Description: SE% NW' /., S'M NE' /., Section 35, Township 7 North, Range 12 West, Seward Meridian; excluding Tract C, Heatherwood Estates Subdivision Number Two, according to Plat 2005 -82; and excluding Heatherwood Estates Subdivision, according to Plat 99 -37, Kenai Recording District, Alaska. Location: 46555 Miller Loop Road. BACKGROUND INFORMATION: The applicant wishes to obtain a permit for sand and gravel extraction on approximately 51 .5 acres of the 87 acre parcel listed above. The submitted site plan indicates that the material site haul route is Miller Loop Road. The site plan and application proposes a six -foot high berm be placed along the west property line; a 30 -foot vegetated buffer and a six -foot high berm along the south property line; a six -foot high berm adjacent to the existing service road along the north property line in Phase l; and a six -foot high berm adjacent to Happy Lane along the east property line in Phase 11. The applicant has requested a buffer waiver between Phase I and the existing sewer treatment facility on the property and along the northern boundary of Phase 11, which is 546 feet south of the property boundary. The property was logged approximately 15 years ago. The existing vegetation is sparse in many areas and Can only offer a minimal visual buffer. The application indicates that the proposed depth of excavation is 32 feet below existing grade. The site plan indicates that the four monitor wells onsite locate groundwater at 34'— 39' below existing grade. The site plan indicates that processing of material will take place more than 300 feet from the parcel boundaries. The site plan indicates that there several wells located within 300 feet of the property, butgreater than 100 feet from the proposed excavation. The site plan indicates that surface water protection is not necessary. There has been a significant amount of excavation on the property recently for the construction of the sewer treatment facility on the property; construction of roadways on the property to provide access to the monitoring wells; and for the reclamation of the adjoining property northwest of the subject property, which had been used for sewage lagoons. The site plan indicates that as excavation progresses, reclaimed areas will be graded and recontoured using strippings, overburden and topsoil to a condition that allows for reestablishment of natural vegetation and UNAPPROVED MINUTES AGENDA ITEM F. PUBLIC HEARINGS Vacate the 25 -ft wide (approximately 297 -foot long) Coolidge Lane cul- de-sac (partial) right -of -way as dedicated on Haddock Subdivision B.L.M. Lot 135, plat KN -1659. The right -of -way being vacated is unconstructed and located within the SE'% SE% SW% of Section 31, Township 06 North, Range 11 West, Seward Meridian, Alaska and within the City of Kenai and Kenai Peninsula Borough, KPB File 2016 -001, STAFF REPORT PC Meeting: 2122/16 Purpose as stated in petition: Petitioners state that: 1) The right -of -way is not being used as a street and that only a trail exists along the route; 2) The surrounding parcels are served by alternative constructed right -of -ways; 3) Parcels are being replatted, and 4) Half- dedication only. Adjoining parcel to the west is fully developed, which makes obtaining matching dedication unlikely. Petitioner: Kenai Development Company, LLC of Nikiski, Alaska Notification: Public notice appeared in the February 11 and February 18, 2016 issues of the Peninsula Clarion. Eleven certified mailings were sent to owners of property within 300 feet of the parcels. Ten receipts have been returned. Thirty -three public hearing notices were sent by regular mail to owners within 600 feet of the proposed vacation. Public hearing notices were emailed to 11 KPB staff. Notice of the proposed vacation was emailed for 19 agencies and interested parties. Public hearing notices were sent by regular mail to the Kenai Library and Kenai Post Office with a request to post in public places. 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. Homer Electric Association: Reviewed /no comments. Kenai Planning and Zoning Commission: Conditionally approved the proposed vacation on December 9, 2015. The conditions of the approval will be individually addressed by the Plat Committee during preliminary plat review. River Center: The proposed vacation is not affected by the Anadromous Stream Habitat Protection District. The City of Kenai does not participate in the KPB Floodplain Program, KPB Street Name Review: North Forest Street should be North Forest Drive. Staff Discussion: The preliminary plat that will finalize the proposed vacation if it is approved is scheduled for Plat Committee review on March 14, 2016. Comments from ACS and GCI were not available when the staff report was prepared. Findings: 1. The proposed vacation and replat are within the City of Kenai. 30 2. Development within the property must comply with the requirements of the zoning district. 3. Haddock Subdivision KDC Replat, which will finalize the proposed vacation if it is approved, replats Lots 3 -5 Haddock Subdivision into one lot (3A) containing 1.4 acres. 4. Lot 3A, Haddock Subdivision KDC Replat, fronts North Forest Drive and Second Avenue, which are both paved and maintained by the City of Kenai. 5. Sufficient rights -of -way exist to serve the surrounding properties. 6. ENSTAR and Homer Electric Associated submitted written statements of non - objection. 7. Vacation of Coolidge Lane will not bring the block out of compliance with 20.30.170. 8. Per the submittal, the right -of -way is not being used by vehicles or pedestrians. 9. No surrounding properties will be denied access. 10. Per the submittal, a trail exists along the route. STAFF RECOMMENDATION: Based on Findings 1 -9, staff recommends approval of the vacation as petitioned, subject to: 1. Grant utility easement(s) requested by the utility providers, if any. 2. Submittal of a final plat within a timeframe that will allow recording of the plat to occur within one year of vacation consent. 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 or borough 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 31 W N i7 CERTIFICATE OF ACCEPTANCE B L O C KTD N f °W' O VICINITY MAP E T T7 ( { {�{11 F m ° o . m s sad. 1• _ I we Z I THEUN StGNEDOFFIGALIOENTIFTE UBYNAMEMOTR M C C-4 — I Q F FORgM LOT J ° .S W I ON BEHMF OF o o D 2 a aMbtaxnmeoMlrypeewlniwnwb c(te M[n wa I T THE CITYOF KENN FOR PUBLIC PURPOSES THE REAL H (A N N�59�W1Jt'94 W H- y y I IeAACta. PROPERTYTOBE DEDICATEDBYTHISPIATIN0.UOING ( V) L LOT 3A W n• e'"^a"i1'I'en'^'ti p' ngeae.N'a�.e N I W MENTS, RIGIRS -OF -WAY, ALLEYS,pNOOTNER PUBLIC ; ; V T.3 %9AC I Ir m L9 n °beOle°�b�M I A G'^' m m w<< em.mw.Ab ° J P PUBLIC USEORPUBLICPURPOSEDOES NOTOBLIOATETHE b ° W �O u bo G u) W gITM NweI PwAn4 e°ngpl]en'4MCYmbImeNMeM ° Q W l l0i 2 F W g reulMgEa0.YIGE 5IWEE FZSNVIpMwlgaxtx,zol5. OR MNNTAIN IMPROVEMENTS. ° Q W F 0 BY Q Q V V g g I e)w pieta mwI ML9Yd NwollTapnt. (mMfnb o L Z Z B I e RICKKOCH,CITYMANAGER 0 0 < o of e e1TLM 0. Wegneetan Mbdmmd Wag. Nav' n.' CITY OF KENN U U ! W I Me MMybMmmp�b4dbNN I W Ne M.dWM1tlnMyw Fnb�t. DATE: L LOT I Z Z T N NB 59'15 "W te/90' � � � L LEGEND hl T ® R—d Pt .l mmummt va pe.nbep. — I C COYi LOT 155 — GOVT LOT 156 I • • 5 /R" a el repro oI rteaE — GOVT LOT 159 R GOVT LOT 158 I I / R N Voca1M ` OF 411j1/ P Plat # CERTIFICATE OF OWNERSHIP AND DEDICATION � �' / AL!/4, I °411 i VM1 pwM2rtrpeNwve MamngMmlVWerhYwnml % % j _ _ vlwlnMWeett1114gmdulpMwm mgMmrrree N PLAT APPROVAL V mnva.we A_ Atkn�oMed9ed pelom me Wa o oENd��m'peN P4ANnx000MWA5MIN A /IIw1e11�T4]�`' _dryel 2016 G2B Nleem�mmpl LLC a9mt MY C9mmkelan eYPine: �' Ate. NenW Oenl R@W PEMNSIMBORgIGNpI SI. MNeeLe NNnaepb Olseel KENAI SPUR HIGHWAY WASTEWATER DISPOSAL — — - •5"ne PUN,e lowub W ftloscl me..M m9Memlr madbmente R .V6AeRIES /"� DeWMlenl of EnNmnmetNlCwleervetlon. LB49]LAC =��Ij W M�5>MNMaie OM S]r R _ SB939'ffi1•E L59,W11 KPB 2016 -001 KOC "'Ed (A Reevbdim.;.O of Hvddock Subd. B.L.M. LOT tJ5 KN 1659 and the assoc'Oted VOCetIOn at CO011dge ST, 25' R/W) NmO O— T,,t Company LLC, onner P.O. 6ae 816.4 NNlae, aN P91139 LOCATION I.]A AC. M/L SNATED IN ME SE t/4 Sw 1/4 SEC, ,I ®eiXNE.re. Wr +w v' W1W Ncwe (�beY w.W.rM6Nem�ipr CA C.) 'o N4440(� 5ub&1v ton 5. L. M. W135 Sm3i, 7wp.Of, A isW of *qrd Mtridigy 01 of Kxnai, 61404 1l N•. »K I n e 4 „o e^ OHE 3 s: °O G'^ tip 0 v..r. «w b P P p.JiP lip 'j(lrywi p<y:yyala $em 1yla,yyiH� Co,gafiyiioy )jcu w.d. Land t1yc: Gnia.._a� /jpp.Pa.d See, %>,N ;y'•'J I I.C9npd I I I o D.e.M y�ym.y «. «• .a h^N 6ry.f gwn Np..,Nl. I >v.w «.d t+f• «,« H•.�..,h �u D, 11..•d cf eny y tn,w II I I I I p. «fy «.kfy g..l 1,.1Ik.+.w..l IM. t«et .{ Lvl,luwe wd d, «Nb.d � 4....,,y4.Fl.e.yY lM,rh,ixaew „a,wlll Ny (.-•.n,,4 ad da M«,ty I L � d,el..h k ryl14 wR •,d XN w sl r.bNe tithl 4A. sM.1«'Is hwy. S 1 � I �Mt[.�Mas4 -.t7cV 1 I I � r ' y-•n .,l,.1,..Iwd fe t.{.n «., • Nw,.y P L,N, e i 1 Nrla.y 42Vo...w n «art. w � � �e..slaC� -eeLtd I I w NI .1 M. t h I � qty "a�4 I ::,/ s• I P.fr F1NP f8 ro49 . tl i �y yV �. P"" .lDEII ..ltf@ e 905 N.52nd ST. PHOENIX, ARIZ ( w � i- � MPLewC SVIYlYIX4 CA) A SURVEYED TOWNSHIP 5 NORTH RANGE 11 WEST OF THE SEWARD MERIDIAN, ALASKA d 31 � "9fgNemu n.r yi VA" a MIBLC YGLUM uxo un uixw.a nrtax MTP St PPL SEC 31 s R 1 9 Q J �wua. n�mm4W ,fYM�, qpM � "9fgNemu n.r yi VA" a MIBLC YGLUM uxo un uixw.a nrtax MTP St PPL SEC 31 s R 1 9 Q J Pop lv wl woo a e v S *2* ..l .e �r e 9 A r e a`. + �'►� Vm• • $. i r- "sip • me mfonnalion fable o Fe s Is for a graphical mpressnta0on only of best eninsulla sources. Tha Kenai Peninsula Borough es• ^mesrro onthsirnap f .rmrs on this map. Aerial View 0 60 120 240' PRELIMINARY PLAT Proposed ROW Vacation ESolomon. KPB Date: 1214/2015 Tha of beet a Aft . la far. gnsoh lmpreseMalian only eKnai ..table Borough. 0 80 160 320' The Kenai o rai a Borough y forany aseenes ow ranth.biliry for airy arras aniM1e mgp. CHMTER SCHOOL C�!,-- MNALSPUR n 0 430 850 1,720 Feet KPB 2016 -001 T06N R11W S31 CITY OF KENAI I ESolomon, KPB Date: 121412015 V M C;; Renal Peninsula Borough PIS nning Department 140 Noah Binkley Soldoma, Alaska 99669 -7s99 TON free within the Sorough 1. 980478- 4441, extension 2200 (907) 714 -2200 Petition to Vacate Public Right-of -Way /Easement /Platted PublicArea Public Hearing Required REMOVED JAN 12 ma KENAI PENINSULA BOROUGH PLANNING 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. ✓ $500 non- refundable fee to help defray costs of advertising public hearing. M v, 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 right- of-way proposed to be vacated is dedicated by the plat of HADDOCK SUBDIVISION SLI4 LOT 135 Subdivision, filed as Plat No. 1659 in KENN Recording District. ❑ Are there associated utility easements to be vacated? ❑ Yes 15 No ❑ Are easements in use by any utility company? If so, which company ❑ Easement for public road or right -of -vary as set out in (specify type. of document) as recorded in Book 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 right -of -way, the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. Has right -of -way been fully or partially constructed? ❑✓ yes ❑ No Is right -of -way used by vehicles / pedestrians / other? ❑ Yes ✓❑ No Is alternative dghPof -way being provided? ❑ Yes ❑✓ No The petitioner must provide reasonable Justification for the vacation. Reason for vacating: I) RIGHTOFWAY IS NOT BEING USEOAS ASTREET ONLY 4T 11 ExISTSALONG ROUTE 2) SURROUNDING PARCELS ARE SERVED BY ALTERNATIVE CONSTRUCTED mGHT OF WAYS 3) PARCELS ARE BEING REPLATTED 4) HALF DEDICATION ONLY WITH ADJOINING PARCEL TO WEST FULLY DEVELWED MAKING MATCHING DEDICATION IS UNLIKELY The petition must be signed (written signature) by owners of the majority of land fronting the right-of- 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: Mou"Cone.1ingiw. ❑Petitioner ❑✓ Representative Address P.O. B=408 M. &oil McLane ^ M Scots McL PIS /�G!!o• Phone 9079980051 Petitioners: � , Signature �yxbliNi,aG2 Signature 1t :% -tcn. %1ELyr -rt lYl,.r.cY- Name ore'. . Kena OevdoamWLLC Name KLf,V.•)i DE V,541 Pinr -N- •c Address P.or6o. 6495 Address R; 3el Nikidn. AK 99635 Owner of Lots 3,4 E. 5 Block One KN16j9 Ownerof i!i.5 -;.'/e �5 A't Kr,'L Sj Signature Name Ownerof ROW Easement Vocation Revised 2111/14 Signature