Loading...
HomeMy WebLinkAboutResolution No. 2016-15CITY OF KENAI RESOLUTION NO. 2016 -15 Sponsored by: City Manager A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF CERTAIN RIGHTS -OF -WAY, UTILITY EASEMENTS, AND DRAINAGE EASEMENTS AND CONSENTING TO THE ACCEPTANCE OF CERTAIN RIGHTS -OF -WAY AND UTILITY EASEMENTS AS SET FORTH ON THE PLAT OF DRAGSETH SUBDIVISION 2016 ADDITION, WHICH IS ATTACHED HERETO AS EXHIBIT "A ". WHEREAS, on January 27, 2016, by Resolution PZ16 -04, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve DRAGSETH SUBDIVISION 2016 ADDITION with vacation of certain Rights -of -Way, Utility Easements, and Drainage Easements and dedication of certain Rights -of -Way and Utility Easements; and, WHEREAS, on March 28, 2016, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and Rights -of -Way Dedications and vacations consistent with the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on April 4, 2016, the City received notice from the Kenai Peninsula Borough that consistent with State Statute and Borough Code, the City has 30 -days from March 28, 2016 to consent to or veto the vacation of these Rights -of -Way, Utility Easements, and Drainage Easements; 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, 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 easements; and, WHEREAS, the Rights -of -Way, Utility Easements, and Drainage Easements 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 DRAGSETH SUBDIVISION 2016 ADDITION. Page 2 of 2 Resolution No. 2016 -15 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) That that the following Rights -of -Way, Utility Easements and Drainage Easements within the DRAGSETH SUBDIVISION 2016 ADDITION, within the City of Kenai are no longer needed for a public use and that the Council of the City of Kenai consents to these vacations: a) A 50 -foot wide by approximately 400 - foot -long Right -of -Way with Cul -de -sac, commonly known as Drag Net Court Coolidge Lane, as dedicated by Dragseth Subdivision, plat KN 77 -56. b) A portion of a 30 -foot wide by approximately 120 - foot -long Right -of -Way, commonly known as Royal Street, as dedicated by, plat KN 77 -56. c) A 20 -foot wide by approximately by 570 - foot -long Drainage Easement and a 20- foot wide by approximately 140 - foot -long utility easement centered on the interior lot line between lots 2 and 3, as dedicated by Dragseth Subdivision, plat KN 77- 56. 2) That the following Rights -of -Way and Utility Easements, are hereby accepted by the Council of the City of Kenai, as needed for a public use: a) A 60 -foot wide that extends to 85 -foot wide Right -of -Way that provides public access to the beach, commonly known as Royal Street as dedicated by Dragseth Subdivision 2016 Addition. b) A 20 -foot wide by approximately 130 - foot -long Utility Easement centered on the existing 20 -foot wide Utility Easement as dedicated by Dragseth Subdivision, plat KN 77 -56. 3) That this Resolution shall be effective immediately upon its adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2016. PORTER, PAT MAYOR Sh . rev. gillk p fag y �Z ~�i � I�a'3 � _ YI t!5 ��ii�$a2a zr g5 � N ���$ � f •e � � G pit ...... 1 ROYAL S7REE7 [ � i/ I si•i � � �i �M�� y.. Q gU i � xoomw aaw � ROYAL ST. N pi e �` !!j! i / 9�d ° Ir ul.m umlr a a( g@ Q1 N @NRI LW01N0L017j1®ii i81iO.j II NN N q�g 4 1 I 1 ie®gigg; �. H 4I 33gGg@ABg��A+ ! j6 O Ia g........taxmx........ —°rpL srnEEf � 92 NMI 10 1 d .. � Ix pp �1 1e(1 q°� Rid R i0 �� . �`S N �� iS! � j \ i _� S � •!" U N � } S 2 °tl 6K i9 Assag §b II1II7 $ _ > ! big "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: April 20, 2016 SUBJECT: Resolution No. 2016 -15 — Vacation of Certain Rights -of -Way, Utility Easements and Drainage Easements and Acceptance of Certain Rights -of- Way and Utility Easements within the Proposed Dragseth Subdivision 2016 Addition The purpose of this communication is to introduce Resolution No. 2016 -15; Vacation of Certain Rights -of -Way, Utility Easements and Drainage Easements and Acceptance of Certain Rights - of -Way and Utility Easements within the Proposed Dragseth Subdivision 2016 Addition. On January 27, 2016 the City of Kenai Planning & Zoning Commission by Resolution approved PZ16 -04; a Preliminary Pat of Dragseth Subdivision 2016 Addition & Rights -of -Way Vacation and Dedication. The subject Preliminary Plat reconfigures Lots 1, 2, 3 and 4, Dragseth Subdivision according to Plat No. 77 -56 and Lot 5A and 6A according to Plat No. 91 -33 and Government Lot 15; and a portion of the SE' /4 of Section 7, T5N, R11 W, Seward Meridian into two parcels to be described as Tracts A and B, Dragseth Subdivision 2016 Addition. The resulting parcels would be approximately 6.3 and 19.5 acres, respectively. As reconfigured, they would meet the minimum lot size of 20,000 square feet for the Rural Residential Zone. Royal Street is a 60 -foot gravel roadway that is accessed off of Old Cannery Road, both of which are not maintained by the City. As shown on the preliminary plat, an approximately 100 - foot portion of Royal Street would be vacated by the subject plat. This portion of Royal Street would no longer be needed for a public use and therefore can be successfully vacated. The subject preliminary plat would also dedicate an approximately 416 -foot portion being 60 feet in width and an approximately 377 foot by 85- foot -wide portion of Royal Street. The new section of Royal Street would be constructed to predominantly serve the Personal Use Fishery, which takes place on South Beach property owned by the City of Kenai. The associated improvements would consist of portable fee stations and vehicle staging area along Royal Street, during the operation of the fishery in July. Pursuant to Kenai Municipal Code 14.10.070(b)(2) all road right -of -way must be a minimum width of 60 feet. Pursuant to the preliminary plat, the proposed rights -of -way meet this requirement. The proposed project is being installed and maintained by the City of Kenai, thus, an installation agreement will not be required. At their meeting on March 28, 2016 the Kenai Peninsula Borough Planning Commission met and approved the subject plat and vacation and dedication of certain Rights -of -Way, Utility Easements and Drainage Easements. 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 April 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 Dragseth Subdivision 2016 Addition Planning & Zoning Commission Resolution PZ16 -04 and Staff Report Kenai Peninsula Borough Planning Commission Notice of Decision Page 2 STAFF REPORT To: Planning & Zoning Commission Date: January 27, 2016 GENERAL INFORMATION Applicant: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Submitted by: Integrity Surveys, Inc. 820 Set Net Drive Kenai, Alaska 99611 Res: PZ16 -04 Requested Action: Preliminary Subdivision Plat — Dragseth Subdivision 2016 Addition, Vacation of Dragnet Court, vacation and re- dedication and extension of Royal Street Right -of -Way, and vacation and dedication of various utility and drainage easements. Existing Legal Description: Proposed Legal Description: Street Address: KPB Parcel No. Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Lots 1, 2, 3 and 4, Dragseth Subdivision according to Plat No. 77 -56; Lots 5A and 6A Dragseth Subdivision No. 2 according to Plat No. 91 -33; Government Lot 15 and a portion of the SE '/4 of Section 7, TSN, R11 W, Seward Meridian. Tracts A and B, Dragseth Subdivision 2016 Addition 1201, 1202, 1204, 1205, 1206, 1207 Dragnet Court; and 2180 Royal Street 04911011; 04910112; 04910113; 04910120; 04910110; and 04910051 Rural Residential Single - Family Residential Rural Residential 04910114; 04910119; This plat reconfigures Lots 1, 2, 3 and 4, Dragseth Subdivision according to Plat No. 77 -56 and Lot 5A and 6A according to Plat No. 91 -33 and Government Lot 15; and a portion of the SE 1/4 of Section 7, TSN, R11W, Seward Meridian into two parcels to be described as Tracts A and B, Dragseth Subdivision 2016 Addition. PZ16 -04 Staff Report Page 2 The resulting parcels would be approximately 6.3 and 19.5 acres, respectively. As reconfigured, they would meet the minimum lot size of 20,000 square feet for the Rural Residential Zone. Royal Street is a 60 -foot gravel roadway that is accessed off of Old Cannery Road, both of which are not maintained by the City. As shown on the preliminary plat, an approximately 100 -foot portion of Royal Street would be vacated by the subject plat. This portion of Royal Street would no longer be needed for a public use and therefore can be successfully vacated. The subject preliminary plat would also dedicate an approximately 416 -foot portion being 60 feet in width and an approximately 377 foot by 85- foot -wide portion of Royal Street. The new section of Royal Street would be constructed to predominantly serve the Personal Use Fishery, which takes place on South Beach property owned by the City of Kenai. The associated improvements would consist of portable fee stations and vehicle staging area along Royal Street, during the operation of the fishery in July. Pursuant to Kenai Municipal Code 14.10.070(b)(2) all road right -of -way must be a minimum width of 60 feet. Pursuant to the preliminary plat, the proposed rights - of -way meet this requirement. The proposed project is being installed and maintained by the City of Kenai, thus, an installation agreement will not be required. RECOMMENDATIONS The subject parcels currently contain a single - family residence, a detached shop and a detached airplane hangar. The applicant as the City of Kenai, has indicated that they plan to construct and extend Royal Street to provide improved access to South Beach as part of management of the Personal Use Fishery on property owned by the City as part of the proposed project, the applicant would vacate Dragnet Court and an approximately 100 -foot portion of Royal Street. The applicant would also dedicate a new right -of -way of Royal Street, extending to the beach to provide access to the South Beach area. Additionally, a 15- foot -wide drainage easement and a 20- foot -wide utility easement located on proposed Tract A would also be vacated. The Planning and Zoning Commission recommends approval of the plat of Dragseth Subdivision 2016 Addition, with the following conditions: a. Further development of the property shall conform to all Federal, State and local regulations. b. The City Council for the City of Kenai must approve the vacation of the rights -of -way for Royal Street, Dragnet Court, and vacation of the 15 -foot drainage easement and the 20 -foot utility easement and dedication of Royal Street, pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100. c. The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. PZ16 -04 Staff Report ATTACHMENTS: 1. Resolution No. PZ15 -31 2. Application 3. Preliminary Plat 4. Map Page 3 M� " CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -04 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 DRAGSETH SUBDIVISION 2016 ADDITION was referred to the City of Kenai Planning and Zoning Commission on January 27, 2016, and received from Integrity Surveys, Inc.; and, WHEREAS, that the following rights -of -way within the DRAGSETH SUBDIVISION 2016 SUBDIVISION, a replat of Lots 1, 2, 3 and 4, Dragseth Subdivision according to Plat No. 77 -56; Lot 5A and 6A Dragseth Subdivision No. 2 according to Plat No. 91 -33; Government Lot 15 and a portion of the SE 114 of Section 7, TSN, R1 1W, Seward Meridian, within the City of Kenai are no longer needed for a public use: 1. Vacate a portion of Royal Street, a 30 -foot by approximately 100 -foot right -of -way; 2. Vacate all of Dragnet Court, an approximately 50 -foot by approximately 400 -foot right - of -way; 3. Vacate a 20 -foot wide by approximately 140 -foot utility easement; 4. Vacate a 15 -foot wide drainage easement; As set forth on the plat of DRAGSETH SUBDIVISION 2016, which is attached hereto as Exhibit "A "; and, WHEREAS, that the following rights -of -way within the DRAGSETH SUBDIVISION 2016 are dedicated within the City of Kenai for a public use: An approximately 416 -foot portion being 60 feet in width and an approximately 377 -foot portion being 85 feet in width as set forth on the plat of DRAGSETH SUBDIVISION 2016, which is attached hereto as Exhibit "A "; and, WHEREAS, the City of Kenai, Planning and Zoning Commission recommends that the Section Line Easement and Right -of -Way west of Royal Street be vacated by separate action; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential and therefore is 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 are shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. CONDITIONS: a. Further development of the property shall conform to all Federal, State and local regulations. b. The City Council for the City of Kenai must approve the vacation of the rights -of- way for Royal Street, Dragnet Court, and vacation of the 15 -foot drainage easement and the 20 -foot utility easement and dedication of Royal Street, pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100. c. The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE DRAGSETH SUBDIVISION 2016 ADDITION, SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of January, 2016. CHAIRPERSON: ATTEST: 4dii e it, Chairperson Sa ra City Clerk A 11 �; "y u KENAI PENINSULA BOROUGH P PLANNING DEPARTMENT p 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE. (907) 714 -2215 • FAX (907) 714 -2378 Toll -free within the Borough: 1 -800- 478 -4441, Ext. 2215 o www.kob.us March 31, 2016 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 MIKE NAVARRE BOROUGH MAYOR RE: Vacate the 50 -foot wide (approximately 400 -foot long) unmaintained Drag Net Court cul- de -sac right -of -way, the north 120 feet (approximate) of the 30 -foot wide right -of -way along Royal Street, as dedicated by Dragseth Subdivision, KIN 77 -56. All requested vacations are located within the SE' /< of Section 7, T05N RI 1W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough; KPB File 2016 -024 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 March 28, 2016. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Utility easements requested by the utility providers to protect existing facilities will be granted by the associated plat, Dragseth Subdivision 2016 Addition. 4. The 30 -foot half dedication for Royal Street proposed to be vacated only serves city - owned parcels to the north and east. 5. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 6. Drag Net Court is a 50 -foot wide cul -de -sac, a permanently closed street that serves 6 city -owned lots. 7. The 50 -foot right -of -way width was acceptable when the parent plat was approved. 8. Drag Net Court is constructed. 9. Imagery dated 2014 shows the 30 -foot half dedication for Royal Street proposed to be vacated is not constructed. 10. The associated plat, Dragseth Subdivision 2016 Addition, dedicates a 60 -foot right -of- way that expands to an 85 -foot wide right -of -way that provides public access to the public beach. 11. The proposed vacations and replat provide alternative, superior public access to a public beach. This petition is being sent to you for your consideration and action. The City Council has 30 days from March 28, 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, JJ B st MJB:pdh Planning Director Attachments KENAI PENINSULA BOROUGH P PLANNING DEPARTMENT a 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 March 31, 2016 BOROUGH MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF MARCH 28, 2016 RIGHT -OF -WAY VACATIONS Vacate the 50 -foot wide (approximately 400 -foot long) unmaintained Drag Net Court cul -de -sac right -of- way, the north 120 feet (approximate) of the 30 -foot wide right -of -way along Royal Street, as dedicated by Dragseth Subdivision, KIN 77 -56. All requested vacations are located within the SEY4 of Section 7, T05N R11 W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough, KPB File 2016 -024 The Kenai Peninsula Borough Planning Commission approved the proposed right -of -way vacation based on the following findings during their regularly scheduled meeting of March 28, 2016, Findings 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Utility easements requested by the utility providers to protect existing facilities will be granted by the associated plat, Dragseth Subdivision 2016 Addition. 4. The 30 -foot half dedication for Royal Street proposed to be vacated only serves city -owned parcels to the north and east. 5. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 6. Drag Net Court is a 50 -foot wide cul -de -sac, a permanently closed street that serves 6 city -owned lots. 7. The 50 -foot right -of -way width was acceptable when the parent plat was approved. 8. Drag Net Court is constructed. 9. Imagery dated 2014 shows the 30 -foot half dedication for Royal Street proposed to be vacated is not constructed. 10. The associated plat, Dragseth Subdivision 2016 Addition, dedicates a 60 -foot right -of -way that expands to an 85 -foot wide right -of -way that provides public access to the public beach. 11. The proposed vacations and replat provide alternative, superior public access to a public beach. 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 March 28, 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. UTILITY EASEMENT VACATIONS Based on the following findings of fact the Kenai Peninsula Borough Planning Commission approved the utility easement vacations as petitioned during their regularly scheduled meeting of March 28, 2016. Findings: 1. ACS requested an easement centered on their existing facilities. 2. ENSTAR requested easements centered on their existing facilities. 3. GCI submitted a statement of no objection. 4. Homer Electric Association submitted a statement of no comments. 5. Per the petition, any existing utility lines will have easements granted on them during the platting process. 6. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 7. No surrounding properties will be denied utilities. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent March 31, 2016 to: Kenai City Council City of Kenai 210 Fidalgo Avenue 210 Fidalgo Street Kenai, AK 99611 -7794 Kenai, AK 99611 -7794 Integrity Surveys 820 Set Net Dr. Kenai, AK 99611 AGENDA ITEM F. PUBLIC HEARINGS Vacate the 50 -foot wide (approximately 400 -foot long) unmaintained Drag Net Court cul -de -sac right - of -way, the north 120 feet (approximate) of the 30 -foot wide right -of -way along Royal Street, as dedicated by Dragseth Subdivision, KN 77 -56. All requested vacations are located within the SE %of Section 7, T05N R11 W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough; KPB File 2016 -024 Staff Report given by Max Best Staff Discussion: PC Meeting: 3/28/16 Two different inter - related actions have been combined. They are interdependent, and the justifications support both actions. Staff has separated findings, recommendations, and the appeal process into two separate categories to reflect the differences. Staff recommends the Commission take separate action on the right -of -way vacations and the utility easement vacations. RIGHT -OF -WAY VACATIONS Purpose as stated in Petition: The parcels are being combined into two large parcels with an existing right -of- way being vacated and a new right -of -way being dedicated to provide access to the beach. The Drag Net Court cul -de -sac and the north end of Royal Street right -of -way are no longer required for access. Petitioner: Rick Koch, City Manager for the City of Kenai Notification: Public notice appeared in the March 17 issue of the Peninsula Clarion as a separate ad and the March 24 issue of the Peninsula Clarion, Seward Journal, and Homer News as part of the Commission's tentative agenda. Four certified mailings were sent to owners of property within 300 feet of the parcels. All of the receipts have been returned. One owner within 600 feet of the proposed vacations was notified by regular mail. Fourteen public notices were emailed to agencies and interested parties. Nine notices were emailed to KPB Departments. Public notices were mailed to the Kenai Post Office and Kenai Community Library with a request to post in public locations. The notice and maps were posted on the Borough web site. Comments Received: Kenai Planning and Zoning Commission: Recommended approval of the proposed vacations by adoption of PZ16 -04 on January 27, 2016. River Center: The City of Kenai does not participate in the KPB Floodplain Program. The proposed vacation and replat are not affected by the Anadromous Habitat Protection District. State Parks & Outdoor Recreation: No comment. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Utility easements requested by the utility providers to protect existing facilities will be granted by the associated plat, Dragseth Subdivision 2016 Addition. 4. The 30 -foot half dedication for Royal Street proposed to be vacated only serves city-owned parcels to the north and east. 5. Kenai Planning and Zoning Commission recommended conditional approval of the proposed KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 28, 2016 MEETING MINUTES PAGE 6 UNAPPROVED MINUTES vacations and replat on January 27, 2016. 6. Drag Net Court is a 50 -foot wide cul -de -sac, a permanently closed street that serves 6 city -owned lots. 7. The 50 -foot right -of -way width was acceptable when the parent plat was approved. 8. Drag Net Court is constructed. 9. Imagery dated 2014 shows the 30 -foot half dedication for Royal Street proposed to be vacated is not constructed. 10. The associated plat, Dragseth Subdivision 2016 Addition, dedicates a 60 -foot right -of -way that expands to an 85 -foot wide right -of -way that provides public access to the public beach. 11. The proposed vacations and replat provide alternative, superior public access to a public beach. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as petitioned, subject to: 1. Consent of the proposed vacations, grant of new utility easements, new right -of -way dedications, and replat of the property per Dragseth Subdivision 2016 Addition by the Kenai City Council. 2. Submittal of a final plat in accordance with Chapter 20 of the KPB Code in a timeframe such that the final plat can be recorded 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 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 RIGHT -OF -WAY VACATION STAFF REPORT UTILITY EASEMENT VACATIONS Vacate a 15 -foot wide (approximately 570 -foot long) drainage easement, and a 20 -foot wide (approximately 140 -foot long) utility easement centered on the interior lot line between Lots 2 and 3, as granted by Dragseth Subdivision, KN 77 -56. All requested vacations are located within the SE%of Section 7, T05N R11 W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough; KPB File 2016 -024 Purpose as stated in petition: The utility easements will also need to be vacated to allow for the best use of the property. Any existing utility lines will have easements granted on them during the platting process. Petitioner. Rick Koch, City Manager for the City of Kenai Notification: Public notice appeared in the March 17 issue of the Peninsula Clarion as a separate ad and the March 24 issue of the Peninsula Clarion, Seward Journal, and Homer News as part of the Commission's tentative agenda. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 28, 2016 MEETING MINUTES PAGE 7 UNAPPROVED MINUTES Four certified mailings were sent to owners of property within 300 feet of the parcels. All of the receipts have been returned. One owner within 600 feet of the proposed vacation was notified by regular mail. Fourteen regular mailings were emailed to agencies and interested parties; Nine notices were emailed to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library with a request to post in public locations. The notice and maps were posted on the Borough web site. Comments Received: ACS: We have a pedestal in the ROW that is being vacated. Would it be possible to get an easement centered on the existing telephone cable and pedestal 5N/18 -4? 1 don't anticipate ever building out from this point, but I don't want to be forced to remove it. (A sketch of the facilities was provided.) ENSTAR: ENSTAR would require two easements: 1. A 10 -foot easement centered on the natural gas distribution line in red and highlighted on the attached drawing. 2. A 5 -foot easement centered on the portion of the service line in blue and highlighted within Tract A that serves Tract B on the attached drawing. (Color -coded drawing was provided.) GCI: No objections to this replat. Homer Electric Association: Reviewed /no comments. Findings: 1. ACS requested an easement centered on their existing facilities. 2. ENSTAR requested easements centered on their existing facilities. 3. GCI submitted a statement of no objection. 4. Homer Electric Association submitted a statement of no comments. 5. Per the petition, any existing utility lines will have easements granted on them during the platting process. 6. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 7. No surrounding properties will be denied utilities. STAFF RECOMMENDATION: Based upon the above findings, staff recommends granting the utility easement vacations as petitioned, subject to: 1. Grant utility easements requested by the utility providers. 2. Consent of the proposed vacations, grant of new utility easements, new right -of -way dedications, and replat of the property per Dragseth Subdivision 2016 Addition by the Kenai City Council. 3. Submittal of a final plat in accordance with Chapter 20 of the KPB Code in a timeframe such that the final plat can be recorded within one year of vacation consent. NOTE: Action after denial of 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. END OF UTILITY EASEMENT VACATION STAFF REPORT Chairman Martin opened the meeting for public comment. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 26, 2016 MEETING MINUTES PAGE 8 UNAPPROVED MINUTES Scott Huff, Integrity Surveys Mr. Huff stated that the City of Kenai acquired several parcels at this location. The main goal of the project is to create a new road to access the beach which will help during dip net season. The new right -of -way will be to the north of all the existing properties on the beach. Several parcels will be combined, the cul-de -sac will be removed and utility easements will be vacated. They are working with the utilities to make sure there are adequate utility easements that they may need on the new subdivision plat. He was available to answer questions. Chairman Martin asked if there were questions for Mr. Huff. Hearing none the public hearing continued. Seeing and hearing no one else wishing to speak Chairman Martin closed the public comment period and opened discussion among the Commission. RIGHT OF WAY VACATION MOTION: Commissioner Ruffner moved, seconded by Commissioner Ecklund to approve the vacation of the 50 -foot wide (approximately 400 -foot long) unmaintained Drag Net Court cul -de -sac right -of -way as proposed by staff and based on the following findings. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Utility easements requested by the utility providers to protect existing facilities will be granted by the associated plat, Dragseth Subdivision 2016 Addition. 4. The 30 -foot half dedication for Royal Street proposed to be vacated only serves city-owned parcels to the north and east. 5. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 6. Drag Net Court is a 50 -foot wide cul -de -sac, a permanently closed street that serves 6 city-owned lots. 7. The 50 -foot right -of -way width was acceptable when the parent plat was approved. 8. Drag Net Court is constructed. 9. Imagery dated 2014 shows the 30 -foot half dedication for Royal Street proposed to be vacated is not constructed. 10. The associated plat, Dragseth Subdivision 2016 Addition, dedicates a 60 -foot right -of -way that expands to an 85 -foot wide right -of -way that provides public access to the public beach. 11. The proposed vacations and replat provide alternative, superior public access to a public beach. VOTE: The motion passed by unanimous consent. CARLUCCIO COLLINS ECKLUND ERNST FOSTER GLENDENING HOLSTEN ABSENT YES YES YES ABSENT YES ABSENT ISHAM LOCKWOOD MARTIN RUFFNER VENUTI WHITNEY 10YES YES YES I YES YES YES YES 3ABSENT UTILITY EASEMENT VACATIONS MOTION: Commissioner Ruffner moved, seconded by Commissioner Ecklund to approve the vacation of the 15 -foot wide (approximately 570 -foot long) drainage easement, and a 20 -foot wide (approximately 140 -foot long) utility easement centered on the interior lot line between Lots 2 and 3 based on the following findings. Findings: 1. ACS requested an easement centered on their existing facilities. 2. ENSTAR requested easements centered on their existing facilities. 3. GCI submitted a statement of no objection. 4. Homer Electric Association submitted a statement of no comments. 5. Per the petition, any existing utility lines will have easements granted on them during the platting KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 28, 2016 MEETING MINUTES PAGE 9 UNAPPROVED MINUTES process. 6. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 7. No surrounding properties will be denied utilities. VOTE: The motion passed by unanimous consent. CARLUCCIO COLLINS ECKLUND ERNST FOSTER GLENDENING HOLSTEN ABSENT YES YES YES ABSENT YES ABSENT ISHAM LOCKWOOD MARTIN RUFFNER VENUTI WHITNEY 10YES YES YES YES YES YES YES 3 ABSENT AGENDA ITEM F. PUBLIC HEARINGS 2. Rename existing streets in conjunction with the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. Lester Creary Ln within KN0001598 Tracts 13 to 19 of L Creary Subdivision and renamed from Lake St by SN2006 -05; T 4N R 11 W SECTION 14; Seward Meridian, AK; off of Echo Lake Rd in the Kalifornsky community; ESN 302 Staff Report given by Max Best Applicant: Kenai Peninsula Borough Existing right -of -way names: Lester Creary Ln Name proposed by staff: Gruber Rd Reason for Change: Continuous right of way with two separate names Background: Name Lester Creary Ln ESN 302 Community Kalifornsky YR Dedicated 2006 Constructed Yes Total Lots 5 Residential 2 E911 Address 3 Mailing 2 Decision Rename PC MEETING 3/28/2016 Review and Comments: The Kenai Peninsula Fire Chief's Association has adopted a Resolution KPC 2015 -01 in full support of the street renaming project to eradicate street name confusion on the Kenai Peninsula. No comments from property owners have been received prior to the writing of this staff report. Staff Discussion: During field verification of the Kalifornsky area in summer 2015 Lester Creary Ln/ Gruber Rd was identified as a continuous right -of -way with two separate names. NENA standards require that streets only have one name. KENAI PENINSULA BOROUGH PLANNING COMMISSION MARCH 28, 2016 MEETING MINUTES PAGE 10 UNAPPROVED MINUTES AGENDA ITEM F. PUBLIC HEARINGS Vacate the 50 -foot wide (approximately 400 -foot long) unmaintained Drag Net Court cul-de -sac right - of -way, the north 120 feet (approximate) of the 30 -foot wide right -of -way along Royal Street, as dedicated by Dragseth Subdivision, KN 77 -56. All requested vacations are located within the SE' /. of Section 7, T05N R11 W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough; KPB File 2016 -024 STAFF REPORT Staff Discussion: PC Meeting: 3128/16 Two different inter - related actions have been combined. They are interdependent, and the justifications support both actions. Staff has separated findings, recommendations, and the appeal process into two separate categories to reflect the differences. Staff recommends the Commission take separate action on the right -of -way vacations and the utility easement vacations. RIGHT -OF -WAY VACATIONS Purpose as stated in petition: The parcels are being combined into two large parcels with an existing right -of- way being vacated and a new right -of -way being dedicated to provide access to the beach. The Drag Net Court cul -de -sac and the north end of Royal Street right -of -way are no longer required for access. Petitioner: Rick Koch, City Manager for the City of Kenai Notification: Public notice appeared in the March 17 issue of the Peninsula Clarion as a separate ad and the March 24 issue of the Peninsula Clarion, Seward Journal, and Homer News as part of the Commission's tentative agenda. Four certified mailings were sent to owners of property within 300 feet of the parcels. All of the receipts have been returned. One owner within 600 feet of the proposed vacations was notified by regular mail. Fourteen public notices were emailed to agencies and interested parties. Nine notices were emailed to KPB Departments. Public notices were mailed to the Kenai Post Office and Kenai Community Library with a request to post in public locations. The notice and maps were posted on the Borough web site. Comments Received: Kenai Planning and Zoning Commission: Recommended approval of the proposed vacations by adoption of PZ16 -04 on January 27, 2016. River Center: The City of Kenai does not participate in the KPB Floodplain Program. The proposed vacation and replat are not affected by the Anadromous Habitat Protection District. State Parks & Outdoor Recreation: No comment. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Utility easements requested by the utility providers to protect existing facilities will be granted by the associated plat, Dragseth Subdivision 2016 Addition. 4. The 30 -foot half dedication for Royal Street proposed to be vacated only serves city-owned parcels to the north and east. 5. Kenai Planning and Zoning Commission recommended conditional approval of the proposed iil vacations and replat on January 27, 2016. 6. Drag Net Court is a 50 -foot wide cul -de -sac, a permanently closed street that serves 6 city -owned lots. 7. The 50 -foot right -of -way width was acceptable when the parent plat was approved. 8. Drag Net Court is constructed. 9. Imagery dated 2014 shows the 30 -foot half dedication for Royal Street proposed to be vacated is not constructed. 10. The associated plat, Dragseth Subdivision 2016 Addition, dedicates a 60 -foot right -of -way that expands to an 85 -foot wide right -of -way that provides public access to the public beach. 11. The proposed vacations and replat provide alternative, superior public access to a public beach. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as petitioned, subject to: 1. Consent of the proposed vacations, grant of new utility easements, new right -of -way dedications, and replat of the property per Dragseth Subdivision 2016 Addition by the Kenai City Council. 2. Submittal of a final plat in accordance with Chapter 20 of the KPB Code in a timeframe such that the final plat can be recorded 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 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 RIGHT -OF -WAY VACATION STAFF REPORT UTILITY EASEMENT VACATIONS Vacate a 15 -foot wide (approximately 570 -foot long) drainage easement, and a 20 -foot wide (approximately 140 -foot long) utility easement centered on the interior lot line between Lots 2 and 3, as granted by Dragseth Subdivision, KN 77 -56. All requested vacations are located within the SE %of Section 7, T05N R11 W, S.M., City of Kenai, AK and within the Kenai Peninsula Borough; KPB File 2016 -024 Purpose as stated in petition: The utility easements will also need to be vacated to allow for the best use of the property. Any existing utility lines will have easements granted on them during the platting process. Petitioner: Rick Koch, City Manager for the City of Kenai Notification: Public notice appeared in the March 17 issue of the Peninsula Clarion as a separate ad and the March 24 issue of the Peninsula Clarion, Seward Journal, and Homer News as part of the Commission's tentative agenda. 19 Four certified mailings were sent to owners of property within 300 feet of the parcels. All of the receipts have been returned. One owner within 600 feet of the proposed vacation was notified by regular mail. Fourteen regular mailings were emailed to agencies and interested parties; Nine notices were emailed to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library with a request to post in public locations. The notice and maps were posted on the Borough web site. Comments Received: ACS: We have a pedestal in the ROW that is being vacated. Would it be possible to get an easement centered on the existing telephone cable and pedestal 5N/18-4? 1 don't anticipate ever building out from this point, but I don't want to be forced to remove it. (A sketch of the facilities was provided.) ENSTAR: ENSTAR would require two easements: 1. A 10 -foot easement centered on the natural gas distribution line in red and highlighted on the attached drawing. 2. A 5 -foot easement centered on the portion of the service line in blue and highlighted within Tract A that serves Tract B on the attached drawing. (Color -coded drawing was provided.) GCI: No objections to this replat. Homer Electric Association: Reviewed /no comments. Findings: 1. ACS requested an easement centered on their existing facilities. 2. ENSTAR requested easements centered on their existing facilities. 3. GCI submitted a statement of no objection. 4. Homer Electric Association submitted a statement of no comments. 5. Per the petition, any existing utility lines will have easements granted on them during the platting process. 6. Kenai Planning and Zoning Commission recommended conditional approval of the proposed vacations and replat on January 27, 2016. 7. No surrounding properties will be denied utilities. STAFF RECOMMENDATION: Based upon the above findings, staff recommends granting the utility easement vacations as petitioned, subject to: 1. Grant utility easements requested by the utility providers. 2. Consent of the proposed vacations, grant of new utility easements, new right -of -way dedications, and replat of the property per Dragseth Subdivision 2016 Addition by the Kenai City Council. 3. Submittal of a final plat in accordance with Chapter 20 of the KPB Code in a timeframe such that the final plat can be recorded within one year of vacation consent. NOTE: Action after denial of 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. END OF UTILITY EASEMENT VACATION STAFF REPORT 20 c 0 h a�� a eV p £z € z Z r' a� r.l E pn�F as 0 pe "y na � C7 e 6 ° s BCE E e 958 sua NO HIM I yj� "Mi a 0E6$1£ €F pEE {s8E8 kd xc H g 22 88 � 3 �Ay b gi's �M F I � I— — I � I I I J OLL Ian L� IZ d&SA�7 bl o AO'01 �O n. a 9 fel t I L —L N< I Om J� wBppVBI M�M�BLB{ •SgICi 137Nr �p00 Bfi E£ a� Pe u, o 0 I� �� lY °fr8 F Pn � u Amu m icon" 1 ZZ b N OmU O� sa <> m mat In �1 < fig 8�4 E; �5 � pCA9�E n x � Y E E frFEV frfre m E $� bX Ee g G� ("'� 4 y 5pn 7 ^a bE Afro 65 88 � 3 �Ay b gi's �M F I � I— — I � I I I J OLL Ian L� IZ d&SA�7 bl o AO'01 �O n. a 9 fel t I L —L N< I Om J� wBppVBI M�M�BLB{ •SgICi 137Nr �p00 Bfi E£ a� Pe u, o 0 9 s L Nn I� �� lY �� IV A4 u Amu m icon" 1 9 s L Nn �j OZ= 5 = <F nS i L b0 a S A4 u ZZ b N OmU O� sa <> m mat In �1 < fig �s. ar e56 utY ea6 eve 3$�P ie E it £o e� ;r> gee tok °k g�fri Np �1 E WI, y " 71-54 - ! | \ \ �•q[ � . �.� nq ) � r =! \ \ •\ f /`,__ |!| :.` � - ` t . I� •! || | - / \! -4 z ` � \\ � !! !. ! | • , .!!!. i X2t !\ e | \ \ 23 _ . z �•q[ � } . �.� _§ ) � r =! \ \ - / \! -4 z ` � \\ .•• »4!- i i {){ 23 _ . z . �.� _§ .NI r =! \ \ - / \! -4 z 4� .•• »4!- i 23 _ . z ojr r L ?4 Y- r r M e ' t •t r r'• •E { ojr r L ?4 Y- r r M Y 0 o N 41 E .. 1 o d ��, 17•q in o w Z 0 • 'a J F ♦w w Z W I � • s iw a a > 3 o � r • � 4 4 • • o QT r ° M r 0o t vm �mOmnE aamw�„ .i @_coa5 o Bm'em� c €macvv �mBxEc m. c9 e e ' t 1 r Y 0 o N 41 E .. 1 o d ��, 17•q in o w Z 0 • 'a J F ♦w w Z W I � • s iw a a > 3 o � r • � 4 4 • • o QT r ° M r 0o t vm �mOmnE aamw�„ .i @_coa5 o Bm'em� c €macvv �mBxEc m. c9 e i x oo of 5� ag {d 00 o U) 2 to p r LL N p IL F Y F V is �VAOU --- - - - - -- U W t0 Z ' c� tq N 0 r J Z O � Z a O U U H J W r w O w H H C=7 J M b ltt a Y o c N o `J E N 0 o w 1° 90 O LO N N r 0 `oo m�maE io €mnr `o Y E 0 %Dmx e Wgiol a NO dIM S11WI1111 o cgmQ p 0 o U) 2 to p r LL N p IL F Y F V is �VAOU --- - - - - -- U W t0 Z ' c� tq N 0 r J Z O � Z a O U U H J W r w O w H H C=7 J M b ltt a Y o c N o `J E N 0 o w 1° 90 O LO N N r 0 `oo m�maE io €mnr `o Y E 0 %Dmx e