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HomeMy WebLinkAboutResolution No. 2016-41CITY OF KENAI RESOLUTION NO. 2016 - 41 Sponsored by: City Manager A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF A RIGHT -OF -WAY, APPROXIMATELY 104 FEET IN LENGTH AND 20 TO 30 FEET IN WIDTH, BETWEEN LOT 16A BLOCK 5, TOWNSITE OF KENAI KENAITZE ADDITION AND LOT 17, BLOCK 5, TOWNSITE OF KENAI, AND CONSENTING TO THE ACCEPTANCE OF THE RIGHT -OF -WAY AFFECTING A PORTION OF LOT 17, Block 5, TOWNSITE OF KENAI, LOCATED AT THE INTERSECTION OF MISSION AVENUE AND UPLAND STREET AS SET FORTH ON THE PLAT OF TOWNSITE OF KENAI 2016 ADDITION, WHICH IS ATTACHED HERETO AS EXHIBIT "A ". WHEREAS, on July 13, 2016, by Resolution PZ16 -15, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve TOWNSITE OF KENAI 2016 ADDITION with vacation of a Right -of -Way approximately 104 feet in length and 20 to 30 feet in width, between Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai and dedication of the Right -of -Way affecting a portion of Lot 17, Block 5, Townsite of Kenai, located at the intersection of Mission Avenue and Upland Street as set forth on the Plat of Townsite of Kenai 2016 Addition which is attached hereto as Exhibit "A "; and, WHEREAS, on August 22, 2016, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and vacation and Right -of -Way dedication consistent with the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on August 26, 2016, the City received notice from the Kenai Peninsula Borough that consistent with State Statute and Borough Code, the City has 30 -days from August 22, 2016 to consent to or veto the vacation of the Right -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, ENSTAR Natural Gas and Homer Electric Company have submitted comments to the Kenai Peninsula Borough which offer no objection to the removal of these Right -of -Way; and, WHEREAS, the Right -of -Way listed below is no longer needed for a public use as alternative public Rights -of -Way are provided for and are consistent with the development of TOWNSITE OF KENAI 2016 ADDITION. Page 2 of 2 Resolution No. 2016 - 41 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) That that the following Right -of -Way, within the TOWNSITE OF KENAI 2016 ADDITION, within the City of Kenai is no longer needed for a public use and that the Council of the City of Kenai consents to this vacation: a) A Right -of -Way approximately 104 feet in length and 20 to 30 feet in width, between Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai. 2) That the following Right -of -Way, is hereby accepted by the Council of the City of Kenai, as needed for a public use: a) That portion of Lot 17, Block 5, Townsite of Kenai, located at the intersection of Mission Avenue and Upland Street as set forth on the Plat of Townstie of Kenai 2016 which is hereto as Exhibit "A ". b) That this Resolution shall be effective immediately upon its adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 2016. 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Xx301z -n M aFIWR[ Md,x nC I �q«Y IMq rs° m`Ym � lar C-h, mql[ p qyy a«,S xLpt y!p papi -11 - «z � z -n Wd°rs°p- p"air,"X°.oFww, ."R'ii zw II m aww F'u�e mroirmprzm"p mul�un Fi°°"w�zv am ems« _� >.�e «.mrtpmulu xcac vm la mn �uraT°°�Wwb�.. xo rwumxc Y eanp «. rvw,Iw m r Wzzr mr xIXLL n �MIB�MICR.[[a11«//iiy , NN mMG1Vm1YYYA 4xu ISW OcS aax ixxe M aaNliNlIN _ rNap xa.waYa's. rc_ « _ «Y p _ - mx w m T G S IWNn Ca, TaJnc Ep Rx V'a E« I a v, M u u'S�U%, ag a m wit« us_ v MCINIT..6 ° °«w Y , M M oYrN O aaala Idlit "'Villaye with a Past, C# with a Future's 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.1 1991 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: September 7, 2016 SUBJECT: Resolution No. 2016 — 41 - Vacation of the Right -of -Way, Approximately 104 feet in length and 20 to 30 feet in width, between Lots 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai with the Proposed Plat of Townsite of Kenai 2016 Addition The purpose of this communication is to introduce Resolution No. 2016 - 41; Vacation of a Right -of -Way, Approximately 104 feet in length and 20 to 30 feet in width, between Lots 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai and consenting to the acceptance of the Right -of -Way as set forth on the Plat of Townsite of Kenai 2016 Addition. The Preliminary Plat of Townsite of Kenai 2016 Addition reconfigures seven parcels into one large tract containing approximately 5.733 acres. The properties lie within the Townsite Historical District zone. Access to the parcel to be known as Tract B, Block 5, Townsite of Kenai 2016 Addition will be provided by Upland Street, Mission Avenue and Overland Avenue which are city maintained paved streets. The properties are serviced by City water and sewer. On July 13, 2016, by Resolution PZ16 -15 the Planning & Zoning Commission of the City of Kenai recommended approval of the Preliminary Plat of Townsite of Kenai 2016 Addition with a Right -of -Way vacation approximately 104 feet in length and 20 to 30 feet in width, between Lots 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai and a dedication of a Right -of -Way at the intersection of Mission Avenue and Upland Street as shown on the preliminary plat. At their meeting on August 22, 2016, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat of Townsite of Kenai 2016 Addition with the vacation and dedication of the Right -of -Way, consistent with the City of Kenai Planning & Zoning Commission recommendations. This approval was then forwarded to the City of Kenai in the form of a Notice of Decision from the Borough and was received by the City of Kenai on August 26, 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 City of Kenai City Council. The Resolution must declare that such lands and Rights -of -Way are no longer needed for a Public Use. Attachment: Preliminary Plat of Townsite of Kenai 2016 Addition Resolution PZ16 -15 and Staff Report KPB Planning Commission Notice of Decision CITY OF KENAI PLANNING AND ZONING COMMISSION ra ,ryof RESOLUTION NO, PZ16 -15 KENAI, ALASKA 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 TOWNSITE OF KENAI 2016 ADDITION was referred to the City of Kenai Planning and Zoning Commission on July 13, 2016, and received from Integrity Surveys, Inc.; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Townsite Historic District and therefore subject to said zone conditions. 2. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 3. Installation agreement or construction of improvements is not required. 4. Status of surrounding land is shown. 5. Utility easements, if required, shall be shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. 7. Street names designated on the plat are correct. 8. CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE TOWNSITE OF KENAI 2016 ADDITION, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. 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 right -of- way shown on the proposed plat, pursuant to Kenai Borough Code 20.70.110 and Kenai Municipal Code 22.05.110(b). c. Prior to recordation of the plat, the City Council for the City of Kenai must declare that Lot 17, Block 5, Original Townsite of Kenai is not needed for a public use and approve the conveyance of the lot to the Kenaitze Indian Tribe. d. The City Manager for the City of Kenai must sign the plat indicating the approval by the City of Kenai of the right -of -way being vacated. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of July, 2016. l Jl CHAIRPERSON: ATTEST: �Je T it, Chairperson a dra Modigh, City C rk STAFF REPORT To: Planning & Zoning Commission Date: July 13, 2016 Res: PZ16 -15 GENERAL INFORMATION Applicant: Kenaitze Indian Tribe P.O. Box 988 Kenai, AK 99611 Submitted by: Integrity Surveys, Inc. 820 Set Net Dr. Kenai, AK 99611 Requested Action: Original Preliminary Subdivision Plat — Townsite of Kenai 2016 Addition Legal Description: A replat of Tract A, Lot 22 -A -1, and Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition Subdivision, according to Plat No. 2012 -11; a portion of Lot 4, Lot 5 and 17, Block 5, Townsite of Kenai U.S. Survey No. 2970 Street Address: 508 Upland St., 510 Upland St., 1000 Mission Ave., 509 Mission Ave.; 513 Overland Ave., 1010 Mission Ave., and 516 Upland Street KPB Parcel No.: 04707130; 04707132; 04707131; 04707107; 04707108; 04707109; and 04707121 Existing Zoning: TSH — Townsite Historic District Current Land Use: Dena' ina Wellness Center; Tykotas Elder Center; Tribal Court; and Office Building Land Use Plan: Mixed Use ANALYSIS The new plat reconfigures seven parcels into one large tract containing approximately 5.733 acres. The properties lie within the Townsite Historical District zone. Access to the parcel to be known as Tract B, Block 5, Townsite of Kenai 2016 Addition will be provided by Upland Street, Mission Avenue and Overland Avenue which are city maintained paved streets. The properties are serviced by City water and sewer. The Dena'ina Wellness Center was constructed in 2014 and is located on the parcel currently described as Tract A, Block 5, Townsite of Kenai Kenaitze Addition Subdivision. PZ16 -15 Staff Report Page 2 A portion of Tract A, Block 5, Townsite of Kenai Kenaitze Addition Subdivision also houses the Tribal Court Building. In 2015, it was determined that the structure housing the Tykotas Elder Center was structurally unsound and the building was demolished and a new center was completed in March of 2016. The Tykotas Elder Center is located on Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition Subdivision. The property described as Lot 22 -A -1 was purchased by the Kenaitze Indian Tribe in 2015 and is currently being used as office space for the tribe. A portion of Lot 4 and Lot 5, Block 5, Original Townsite of Kenai was purchased by the Kenaitze Tribe on March 7, 2016, and will be used for future development by the tribe. The property known as Lot 17, Block 5, Original Townsite of Kenai is owned by the City of Kenai. Prior to the recording of the plat, the Kenai City Council must adopt an Ordinance declaring that the property is no longer needed for a public purpose and approving the conveyance of the lot to the Kenaitze Indian Tribe. The right -of -way which exists between the property for the Tykotas Elder Center and the lot which is owned by the City of Kenai shall be vacated by the proposed plat of Townsite of Kenai 2016 Addition. The vacation of the property lines will assist the Kenaitze Indian Tribe in accomplishing their goal of developing a large campus which would serve the needs of the tribe. The vacation of the property lines will also eliminate the building setback requirements that currently exist between the parcels. RECOMMENDATIONS The Planning and Zoning staff recommend approval with the following requirements: 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 right -of -way shown on the proposed plat, pursuant to Kenai Borough Code 20.70.110 and Kenai Municipal Code 22.05.110(b). c. Prior to recordation of the plat, the City Council for the City of Kenai must declare that Lot 17, Block 5, Original Townsite of Kenai is not needed for a public use and approve the conveyance of the lot to the Kenaitze Indian Tribe. d. The City Manager for the City of Kenai must sign the plat indicating the approval by the City of Kenai of the right -of -way being vacated. PZ16 -15 Staff Report ATTACHMENTS: 1. Resolution No. PZ16 -15 2. Preliminary Plat 3. Application 4. Map Page 3 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT p 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2215 • FAX.' (907) 714 -2378 OToll -fr the Borough: 1 -800- 478 -4441, Ext. 2215 FFICE www.kob.us V" ReGe��e� MIKE NAVARRE August 24, 2016 n � 24`� BOROUGH MAYOR p�6 ., Kenai City Council 210 Fidalgo Avenue CITY & Kenai, AK 99611 -7794 RE: Vacate the entire alley right -of way (approximately 104 feet long, 20 to 30 feet wide) between Lot 16A and Lot 17, Block 5, as dedicated on Townsite of Kenai Subdivision, plat KN -2970. The right - of -way being vacated is unconstructed, but the southwest portion is being used as a parking lot access point. These parcels are located within the E% of Section 6, Township 05 North, Range 11 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2016 -090. 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 22, 2016. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right -of -way proposed for vacation is not in use for access. 4. Per the submittal, the right -of -way proposed for vacation has not been constructed. 5. The alley proposed to be vacated is within the City of Kenai. 6. The Kenai Planning and Zoning Commission conditionally approved the Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016. 7. Townsite of Kenai 2015 Addition preliminary plat shows a portion of Lot 17 Block 5, Original Townsite of Kenai, will be dedicated as right -of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. This petition is being sent to you for your consideration and action. The City Council has 30 days from August 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. Since, eely 0 Max J. Bes MJB:pdh Planning Director Attachments AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate the entire alley right -of way (approximately 104 feet long, 20 to 30 feet wide) between Lot 16A and Lot 17, Block 5, as dedicated on Townsite of Kenai Subdivision, plat KN -2970. The right -of -way being vacated is unconstructed, but the southwest portion is being used as a parking lot access point. These parcels are located within the E'/ of Section 6, Township 05 North, Range 11 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2016 -090. Staff Report given by Max Best Purposes as stated in petition PC Meeting: 8/22/16 1) The small alleyway right of way being vacated traverses through the parking lot for the building on Lot 16A. 2) All roadways are constructed in this area. 3) There is no need for the small alleyway. 4) After the alleyway is vacated, Lot 17 Block 5 will be joined to Lot 16A. Petitioners: Kenaitze Indian Tribe of Kenai, Alaska and the City of Kenai, Alaska. Notification: Public notice appeared in the August 11, 2016 issue of the Peninsula Clarion as a separate ad. The public hearing notice was published on August 18 in the Peninsula Clarion as part of the Planning Commission's tentative agenda. Thirteen certified mailings were sent to owners of property within 300 feet of the proposed vacation. Eight receipts have been returned to date. Public hearing notices were sent by regular mail to 21 owners within 600 feet of the proposed vacation. Notice of the public hearing was emailed to 18 agencies and interested parties. A public hearing notice was sent by regular mail to one agency. Ten notices were emailed to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Comments Received: ENSTAR: No comments, recommendations, or objections. Homer Electric Association: Reviewed /no comments Kenai Planning and Zoning Commission: Conditionally approved Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016. KPB Addressing Officer: No objection to the proposed vacation. The City of Kenai will update the assigned addresses. River Center: The City of Kenai does not participate in the KPB Floodplain Program. The property is not affected by the Anadromous Habitat Protection District. Staff Discussion: The Plat Committee will review Townsite of Kenai 2016 Addition preliminary plat, which will finalize the vacation if it is approved, on September 12, 2016. The preliminary plat shows a portion of Lot 17 Block 5, Original Townsite of Kenai, will be dedicated as right - of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. Findings: KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 22, 2016 MEETING MINUTES PAGE 8 UNAPPROVED MINUTES I . Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right -of -way proposed for vacation is not in use for access. 4. Per the submittal, the right -of -way proposed for vacation has not been constructed. 5. The alley proposed to be vacated is within the City of Kenai. 6. The Kenai Planning and Zoning Commission conditionally approved the Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016. 7. Townsite of Kenai 2015 Addition preliminary plat shows a portion of Lot 17 Block 5, Original Townsite of Kenai, will be dedicated as right -of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation as petitioned, subject to: 1. Compliance with the conditions of approval per Kenai Planning and Zoning Commission Resolution No. PZ16 -15. 2. Submittal of the final plat in accordance with Chapter 20 of the KPB Code within a timeframe that will ensure the plat is 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 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 Ecklund moved, seconded by Commissioner Carluccio approval of the vacation in the City of Kenai that vacates the entire alley right -of -way between Lot 16A and Lot 17, Block 5 as dedicated on Townsite of Kenai Subdivision based on the following findings of fact. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right -of -way proposed for vacation is not in use for access. 4. Per the submittal, the right -of -way proposed for vacation has not been constructed. 5. The alley proposed to be vacated is within the City of Kenai. 6. The Kenai Planning and Zoning Commission conditionally approved the Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016, 7. Townsite of Kenai 2015 Addition preliminary plat shows a portion of Lot 17 Block 5, Original Townsite KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 22, 2016 MEETING MINUTES PAGE 9 UNAPPROVED MINUTES of Kenai, will be dedicated as right -of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. VOTE: The motion passed by unanimous consent. CARLUCCIO COLLINS ECKLUND ERNST FOSTER GLENDENING (SHAM YES YES YES YES YES YES YES LOCKWOOD MARTIN MORGAN RUFFNER VENUTI WHITNEY 12 YES ABSENT YES YES YES YES YES 1ABSENT PUBLIC HEARING 3. \Repgiven tion for a standard cultivation marijuana establishment license; Kalifornsky /Kasilof Area Staff Bruce Wall PC Meeting: 8/22/16 ApplOdin's Wagon, LLC LandZachary Bell ParcellD #: Legal Description: Lot iQ Block 2, Kasilof Alaska Subdivision Amended Plat, according to Plat 83 -166, Kenai FWcordinq District. Location: 29453 Kaliftnsky Beach Road, Kasilof, AK BACKGROUND INFORMATION: On 2/k/2016 the applicant notified the borough that they had submitted an application to the state for a Standard Iftijuana Cultivation Facility license. On 5/13/2016 the applicant supplied the borough with a signed acknowXdgement form and a site plan on 5/13/2016 of the proposed Standard Marijuana Cultivation Facility on the bove described parcel. The Alcohol and Marijuana Control Office notified the borough that the application w complete on 7/28/2016 and will consider this application at their September 7, 2016 meeting. Staff has reviewed the completed license that has been ubmitted to the state and the site plan submitted to the borough and has found the following concerning the ftndards contained in KPB 7.30.020: 1. The Borough finance department has been notified o e complete application and they report that the applicant is in compliance with the borough tax reg tions. 2. Borough planning department staff has evaluated the ap . at and has determined that the proposed cultivation facility will be located greater than 1,000 t from any school. 3. Borough planning department staff has evaluated the applicatio and has determined that the proposed cultivation facility will be located greater than 500 feet from Xrecreation or youth centers, and all buildings in which religious services are regularly conducted, an II correctional facilities. 4. The proposed facility is not located within a local option zoning district. 5. The proposed facility is located where there is sufficient ingress and egress for t is to the parcel. • The parcel has direct access to a Kalifornsky Beach Road which is a state mainta ed road and will not be accessing a borough right -of -way. • The signed acknowledgement form indicates that there will not be any parking in borou rights - of -way. • The site plan indicates a clear route for delivery vehicles which allows vehicles to turn saf 22, 201 S UNAPPROVED MINUTES AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate the entire alley right -ofway (approximately 104 feet long, 20 to 30 feetwide) between Lot 16A and Lot 17, Block 5, as dedicated on Townsite of Kenai Subdivision, plat KN -2970. The right -of -way being vacated is unconstructed, but the southwest portion is being used as a parking lot access point. These parcels are located within the E'/ of Section 6, Township 05 North, Range 11 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2016 -090. STAFF REPORT Purposes as stated in petition PC Meeting: 8/22/16 1) The small alleyway right of way being vacated traverses through the parking lot for the building on Lot 16A. 2) All roadways are constructed in this area. 3) There is no need for the small alleyway. 4) After the alleyway is vacated, Lot 17 Block 5 will be joined to Lot 16A. Petitioners: Kenaitze Indian Tribe of Kenai, Alaska and the City of Kenai, Alaska. Notification: Public notice appeared in the August 11, 2016 issue of the Peninsula Clarion as a separate ad. The public hearing notice was published on August 18 in the Peninsula Clarion as part of the Planning Commission's tentative agenda. Thirteen certified mailings were sent to owners of property within 300 feet of the proposed vacation. Eight receipts have been returned to date. Public hearing notices were sent by regular mail to 21 owners within 600 feet of the proposed vacation. Notice of the public hearing was emailed to 18 agencies and interested parties. A public hearing notice was sent by regular mail to one agency. Ten notices were emailed to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Comments Received: ENSTAR: No comments, recommendations, or objections. Homer Electric Association: Reviewed /no comments Kenai Planning and Zoning Commission: Conditionally approved Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016. KPB Addressing Officer: No objection to the proposed vacation. The City of Kenai will update the assigned addresses. River Center: The City of Kenai does not participate in the KPB Floodplain Program. The property is not affected by the Anadromous Habitat Protection District. Staff Discussion: The Plat Committee will review Townsite of Kenai 2016 Addition preliminary plat, which will finalize the vacation if it is approved, on September 12, 2016. The preliminary plat shows a portion of Lot 17 Block 5, Original Townsite of Kenai, will be dedicated as right - of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. BE Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right -of -way proposed for vacation is not in use for access. 4. Per the submittal, the right -of -way proposed for vacation has not been constructed. 5. The alley proposed to be vacated is within the City of Kenai. 6. The Kenai Planning and Zoning Commission conditionally approved the Townsite of Kenai 2016 Addition preliminary plat, which will finalize the proposed vacation if it is approved, on July 13, 2016. 7. Townsite of Kenai 2015 Addition preliminary plat shows a portion of Lot 17 Block 5, Original Townsite of Kenai, will be dedicated as right -of -way, which will assist with the intersection of Upland Street, Cook Avenue, and Mission Avenue per KPB 20.30.150. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation as petitioned, subject to: 1. Compliance with the conditions of approval per Kenai Planning and Zoning Commission Resolution No.PZ16 -15. 2. Submittal of the final plat in accordance with Chapter 20 of the KPB Code within a timeframe that will ensure the plat is 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 STAFF REPORT 39 x`x�,ryea Lai LNaaAS�© 49�@�m9� LEGEND, W� ��a4' da99 / Ibl T .� �+ '7 ,yl( / SUE a.z,.RVnv Cfx'Gn3wi'4t6 rypyh P9WLASM .W. 1W,= N ,......,........ 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