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Home My WebLink AboutResolution No. 2018-07Sponsored by : City Manager CITY OF KENAI RESOLUTION NO. 2018-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, CONSENTING TO VACATION OF CERTAIN RIGHTS-OF-WAY AND UTILITY EASEMENTS WITHIN THE PROPOSED BUXTON SUBDIVISION , EAGLE ROCK ADDITION , WHICH IS ATTACHED HERETO AS EXHIBIT "A ''. WHEREAS , on October 25, 2017, by Resolution No. PZ2017-34, the Planning and Zon in g Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve BUXTON SUBDIVISION, EAGLE ROCK ADDITION with vacation of certain Rights-of-Way and Utility Easements ; and , WHEREAS, on January 8, 2018, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and Rights-of-Way Vacation consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on January 16, 2018, the City received notice from the Kenai Peninsula Borough that consistent with State Statue and Borough Code, the City has 30-days from January 8, 2018 to consent to or veto the vacation of these Rights-of-Way and Utility Easements; and , WHEREAS, pursuant to Kenai Municipal Code Section 22 .05.11 O(b) -Determination as to Need for Public Use states, "Whether land previously dedicated to a public use should be dedicated to a different 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, either of which shall contain the new public use for which the property is to be dedicated or the reason the land is no longer needed for public use , the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location; and, WHEREAS, ENSTAR Natural Gas and Homer Electric Company has submitted statements to the Kenai Peninsula Borough which offer no objection to the removal of these Rights-of-Wa y and Utility Easements; and, WHEREAS, the Rights-of-Way and Utility Easements listed below are no longer needed for a public use as alternative Rights-of-Way are provided for and are consistent with the development of BU X TON SUBDIVISION, EAGLE ROCK ADDITION. NOW , THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That following Rights-of -Way and Utility Easemen ts, within the BUXTON SUBDIVISION, EAGLE ROCK 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: Resolution No. 2 018-07 Page 2of 2 a) Vacation of the Coolidge Lane Rights-of-Way and dedicated on Bu xton Subdivision , Plat KN 1624, and Eagle Rock Enterprises Subdivision No . 1, Plat KN 83-281 . b) Vacate a 5-foot w ide Utility Easement adjoin Cooli dge La ne on Lots 1, 2, and 3 Eagle Rock Enterprises Subdivision No . 1, Plat KN 83-281 , as granted on Eagle Rock Enterprises Subdivision No . 1, Plat KN 83-281 Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , th is 7th day of February, 2018 . ~-~~ BRIAN GABRIEL SR , MAYOR ATTEST: \.,. m >< :c ~ -i ~ I ,,,4 • Ctf· 'lli/ ""'" ,,._., ------ I l'"'"""' --. ,.,..,. .. ~ .... ---33(fig• :i 1 ~ --VENUE 6 ---l @:-1 I _, I KN 93-96 I _J KN 1414 KN 8.J-281 _J_ ___ _J__ LOT 1 I.OT> _5695 6' R/W (R) . - _ ~ THIRD ,:i _2~. «i --. "l ~ I f -._ . .:.,. I !I· ou11, £o•un~t -_ -116.JS'--..., I ess'f;' j \ I _.," ' " C-'"""':i I I "" ' : I ~ "' Cl I ~ II'°""'' lO!.. ~ --:;;::: BlOO:I r "' I" "'I-~~"' f re~ .; ~ I~ LOT 2 ~ ~ 1)Wa ter &~ ~ sew1ge dl$l)OMll •YB"lt ms.sh.rl be ~on1yi.,con10fm1ncewilhapplir"a!Mr~s « 1eMcnand11SMC80. CERTIFICATE O F ACCEP TA NCE THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAM' AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF KENAI FOR PUBUC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS-OF-WAY, ALLEYS, ANO OTHER PUBLIC AREAS SHOWN ON THIS PLAT. THE ACCEPTANCE OF LANDS FOR PUB LIC USE OR PUBLIC PURPOSE OOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BOO' TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. BY: ____________ _ OATE CITY OF KENAI NOTARY'S ACKNOWlEDGEMENT FOR: Ackoowle<tged before me this LEWlll JO J ' __ 1<_cy~1_qty V!:"_f1 J29 28 27 Scale 1· • 1 '-f lle __ darof----' 2017 ~ 0 EB Record BLM monumerit ottoched to re1JuloUon post not reco"'1:red . My commission e1tpire.s : __ _ R•cotd orimory monument of record n ot reeo~red. Primary monument os described. () r rebor of record not recovered. 0 R /W Vocoted 1his plot. RecOf'd dote fr om plots KN96-49 & KN~-281 were rototed lo o common Bosis o l Beorin9 os shown. (R} Record ond found dolo 09f"U unless sho11tn o therwtse, Pl at# -... ---·"- 'Vtf I~ «1/t/r, a PaJ'~ Ct'tj «1/t/r, a h. tt.<l"e 11 210 Fidalgo Ave, Kenai , Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager --p c:> . Matt Kelley, City Planner ;li.t._ February 1 , 2018 Resolution No. 2018-07 -Consenting to the Vacation of Certain Rights-of- Way and Utility Easements within the proposed Bu xton Subd ivision, Eag le Rock Addition The purpose of this communication is to introdu ce Resolution No. 2018-07: Vacation of Certain Rights-of-Way and Utility Easements within the proposed Bu xton Subdiv ision , Eag le Rock Addition. On October 25, 2017 the City of Kenai Planning & Zoning Commission by Resolution approved PZ2017-34 ; a Preliminary Plat of Bu xto n Subdivision, Eagle Ro ck Addition This p lat reconfigures Lot 4A, Block 1, Buxton Subdivision Castillo Replat; Lot 6 , Block 1, Buxton Subdivision; and Lots 1 and 2, Eagle Rock Enterprises Subdivision No. 1, into a larger parcel to be described as Tract A, Buxton Subdivision Eagle Rock Addition. The resulting parcel would be approximately 1. 791 acres and would meet the minimum lot size for the Suburban Residential zone. Third Avenue provides access to the reconfigured Tract A, Bu xton Subdivision Eagle Rock Addition, which is a paved City maintained road. The plat further re co nfigures Lot 3, Eagle Rock Enterprises Subdivision No . 1 into a larger pa rcel to be described as Lot 3A, Bu xton Subdivision Eagle Rock Addition. The resulting parcel would be approximately 12723 square feet and would meet the minimum lot s ize for the Suburban Residential zone. A ccess to the reconfigured Lot 3A, Bu xton Subdivision Ea gle Rock Addition is provided by Second Avenue, wh ich is a paved City maintained road. Water and sewer lines are located within the rights -of-way of Second A v enue and Third Avenue; therefore , the residences located on the properties are connected to City water and sewer services. An in sta llation agreement is not required . The applicant has filed a petition with the Kenai Peninsula Boro ugh to vacate the 25 foot right-of- way for Coolidge Lane (see plat for detailed drawing of right-of-way). Page 2 of 2 Resolution No. 2018-07 -Council Memorandum The right-of-way for Coolidge Lane has not been developed. A portion of Coolidge Lane, wh ich lies to the South of subject property, was previously vacated by the plat of Haddock Subdivision KDC Replat. As set forth above , access to the reconfigured Tract A, and Lot 3A is provided by Third Avenue and Second Avenue. Staff finds that this right-of-way is not being utilized and can, therefore, be vacated. The applicant has also requested to vacate a five foot (5 ') utility easement that is adjacent to the right-of-way for Coolidge Lane (see plat for detailed drawing of utility easement vacation). The easement vacation affects the property currently described as Lots 1, 2, and 3, Eagle Rock Enterprises Subdivision No. 1. The applicant states that this easement is not be ing utilized and can ; therefore , be vacated. The Kenai Peninsula Borough will require letters of non-objection from the utility companies to this utility vacation as part of their review process for the prelim inary plat. Thank you for your consideration . the tityif KENAI. AUSKA '¥ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-34 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 FINDINGS AND CONDITIONS: WHEREAS, the attached plat of BUXTON SUBDIVISION EAGLE ROCK ADDITION AND VACATION OF COOLIDGE LANE 25 FOOT RIGHT-OF-WAY AND UTILITY EASEMENTS was referred to the City of Kenai Planning and Zoning Commission on October 25 , 2017, and received from Mclane Consulting, Inc.; and , WHEREAS, the right-of-way for Coolidge Lane and the utility easement adjacent to said right-of-way within the BUXTON SUBDIVISION EAGLE ROCK ADD ITION, within the City of Kenai is no longer needed for a public use and may be vacated as follows: 1. Vacate Coolidge Lane; a 25 foot by approximately 660 foot right-of-way ; and 2. Vacate a five -foot (5 ') wide by approximately 297-foot utility easement adjacent to the Coolidge Lane right-of-way. As set forth on the plat of BUXTON SUBDIVISION EAGLE ROCK ADDITION, which is attached hereto as Exhibit "A"; and , WHEREAS , the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Suburban 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 ex ist. If an encroachment ex ists; the plat does not create nor increase the encroachment. 7 . Street names designated on the plat are correct. Resol ution No. PZ 17-34 -Buxton S ubd ivision Eag le Rock Addition -Castillo Page 1 of 2 NOW, THEREFORE , BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMEND THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE BUXTON SUBDIVISION EAGLE ROCK ADDITION, SUBJECT TO THE FINDINGS AS SET FORTH ABOVE AND THE FOLLOWING CONDITIONS OF APPROVAL: a. Further developme·nt 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 25 foot right-of-way for Coolidge Lane, and vacation of the five foot (5') utility easement 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th day of October, 2017. Reso lution No . PZ17-34 -Buxto n Subdiv isio n Eag le Rock Addition -Castill o Page 2 of 2 m >< :c ~ -t :s> 1 "4'· I I I I ~ r i----=- ~,,.·:i~ .... ~~ J_KN 93-96--KN 8T' --KN''_" _I --_j CERTIFICATE O F AC CEPTANCE THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAM ANO TITLE IS AUTHORIZEO TO ACCEPT AND HERESY ACCEPTS ON BEHALF OF THE CITY OF KENAI roR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLU DING EASEMENTS, RIGHTS-OF-WAY, ALLEYS, ANO OTHER PUBLIC AREAS SHOWN ON THIS PLAT. THE ACCEPTANCE OF LANDS FOR PUBUC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE T HE PUBLIC OR ANY GOVERNING BOO' TO CONSTRUCT, OPERA TE. OR MAINTAIN IMPROVEMENTS. JO I i29 .... KJ!l!i .. Q~ .. T}J 26 27 l Of I lOT l --~ -rnrRDAVEN~~·s9·1:·E ~~.3~7~----33 019.-----1 I 1--.':" .. ~'::. i ;-~:.~:~~;~~~>< •• ~ ---~ -, ~ ~ I i-~ I I LOT 3 I ~ I \:JV J I I ~ : ~ ~ C .::·:.-.:~. I ---~. I r~e:R LOT •A C --=-j I ~ BlOC!( 1 ~ .I ~ ~ I BY: _____________ _ DATE CITY OF KENAI NOTARY'S ACKNOWLEDGEMENT FOR: Aclmo wfedg&d before me this LEWill T6N T5N Scale 1• • l I.l i e I I I I~ LOT 2 ~ 31 g i " tl.QIES. :-., S;. ~ ~ 11 W•ler wPC1fY and sewa!)e dlspoul •Y"ltrns shal be I .-N !:!, ...._ pem'litted ol'lly m conlormanai wit.II opp&.able teQuitemt:ntl of 18MC 7'l and HJ MC80. __ dayof __,2017 + ~ EB Record 9LM monum ent oltoched t o r~loti<H'I post fl Ot rt"eovered. 21 No pe!'IN,,.,,I strvctwe sNt• be COMl'Ucied or pfKed I <> .~ I wllNri*1 C1Hemetrtwhkl1would ln!•rf'$w-wlt'lttMt •blityof 1 I ...., ;, rom.tER LOT 15 ullity IO uu the•~. :t: I N otary P ubtie t0< thC- Q::i ~ I TRACT A 3)The Ktr.al PeninsulaBoroughP\aM¥1gConvnlsslon I ........_ State of Alaska I 13 I LOT / g 1-T.791 AC. .,, .... .,....,. ... ,,COOl.IO-OEl/.'ll"<•IWlond :?j et: I CERTIFICATE OFOWNERSHIPAND ~ ~ u> I auodatite1ut1t1yEasmnentsatlhemttf':ng otJt0..2011. cbo DEDICATION 3' Id I, <)Om10,.,.n1~~'"""""Cilyol ''""""""'"" I 0 0 I --4 '-., <0 f--f"l ZOt1ittg C00.1eqWements. N ;,. W1~re«ly i;~that-INOWJ1ersoftl\et1al~ 0: "' --I.~---------------z -oi s~tnd~hereMand oowe het~adoptlhis :i:: f-i -S)Thbpb1-s~eoll'Ofl'lrec:ion1suwyOalaper pl1ts I ::.::: oi pbnofS\lbdtllh:ioo 1ndbyoJt "ffoonsent~1'1 " (o N . t in .,..... KN 2018-39,9fi-49,13-2S1and1S2411r.::lnoaddillon1lfteld w ~ rights-d-w.yand pubk atea$10pubiccU$eanclgr.tntal My oommlssloo expires : __ _ Record pr\mory mo1·u.1miMl of r ecord flOt recovefed. Primory monument os desctibed. () r r ebor of recor d not recovered. ~ R/W Vacated l h1s plat . Record dota from plots KN96 -49 & KN83-281 wen: rotated to o commo" Bosi1 of Beoring os st\o#n. (R) RecOl"d and fou nd doto agree Ufl1H$ shown ot herwise. 7 I <D !"' I r .~~ N r was parlormedasoftnlsda!e. C> 2: enemcrits tolhe uae shown. to N f~l.!£.RlOTl ~ 0 ~Q::;=: ~ to-I:-LOT 7 I :; ~ ~ I ~ 0 gl (c) Computed doto from KNBJ-281 and kN96-49. ~;, W 8 I •-•<-. I •'I "' "' ;.., m:;Wo!nouC~" w I z ~-IOI u -in • i r1 ...J t-rl Edword Costillo Ar11s Kmbef'ly Cos1iUo, Trustees e: " l.t ~ 1 ~ Vl 0 Costillo H2U Tru st (/) -----~ ---i, 0 o en~~ ~!~1~~~':s1 1 _j :l I ~ trl ;! :::: ~ e OWl"I~ Lot .U. KN 96-4 6, Lot 6 KN 1614, ,,,\\\\l \ :~ 0 .-.. I m Lota 1-2 KN BJ-261 ........ ' OF 'i(.•11 G KN BJ-281 w.·0 ~ • _ ... ~~-·-·-'fs.11 I I I LOT 6 lr~MCRLOT 2 Z ..._ mtcr Z I _-tj-. *~I~ Z I 5 ~ Ot1f.t~ I fr&'tdW:!ey ~-~-.4~~ ... -·-*-~ I 'I f-, • , '-> •HM I Konoo, AK 00611 ~-.. . .... . ... . . :: _ NB '59 10 E 161.0 owoier Lot J KN 63-281 ~ ~ -V. SCOTT WdJJ'lt ! ,,.. ~ 1 45~;1 · 90~67' ~~~t#f~ I ~";~ 4t24-S F.:: ~1 I • ( () ~~~ti«$ NOTARY'S ACKNOWLEDGEMENT 111 ,'rm ~~,._ ., I t'.. "'~::::1--, I FOR ''""'' Plat# -... ---"-I _j~ 1 ~o r s wr • E ~ "''"" ,o,, ~) 1 A-::: ... tote:~1' %;'t[ff~5~/'1.b'i,f;fa% ~I I . . ~ GOVT LOT 110 OetQI (Not to Sc:c;il;e) I~ --_. ~o!e~:i~~15 ~f4:.u~~t !'~;o~~:o6R:~~~2~~tE!~e __ ~ Ut~•t ) £111tll"r'l.,,t 65-.62'-"C' __ _ _ _ __ __ ~ My commission expires :___ Rodi: E.n t erprisn Subd. No. I Lo b 1-J KN 83-281 Of'ld the 1 15.66 (c) , / ., SM 0.tol ,,. -a uoclol•d Vocot i<H'I a f Coolldg• Lon• 25' R/W ond UUity _ __lli:.5fi~COND A\/EN~E ~ SS R _W--£-~,,J_' ___ .,_ ,' ''\ NotaryPubncforlhe E~:=l~~!H Trust. o wner N89'59'1o·c 660.4r , / State of Alaska 1509 Jrd Ave . !:: '" -"" Ket'lol , Al< 99611 LOCATION l ~ .. ----OOvrloT1J6------Ol'C •11;11 -s -----· --I PlAT APPROVAL i.os1 AC. M/l SllJAT£D IN ntE SE 1/4 sw 1/4 sec. J I itr. KN 2016-39 Thbplatwas~bylheKE~AI ~f~;, ~~~Su~~-9~;0u~E,;1~E~E~E~~E~~o:~ _ a-+ /•4 LOT 2A I PENINSUlA BOROUGH Pl.ANNING COMMISSION DISTRICT. ~' I ~::., WASTEWATER DISPOSAL I I ............. ,. 1-"'~=""--.-..,....-.-.... -.-,.-,_-.---------1 I ;~ns fof wastewa terdlsposallhatmeet I XXXX. ~~ ~ reglAatory reQulrements aro on file at the I 2017· vo.c£:ct01l:iu -m 1 ~J '~(90f!Ul-lm ~, Department of Envlronf'n(lnta1 Consorv:ition . I KENA.I PENINSULA BOROUGH by ~* WWW.Ma.Nl(CC.cou B/ M .Sccn fAG"l,.a~ L.S.•92.&AJ< 0•1• I r-------1 I Aull't«lz9d0fllcbil •.....ur •·-ao l o•n::ocTa a 1., eoo .. Na. : • s-1 •I o .......... .,.. 1 MS .. Preliminary Plat Buxton Subdivision Eagle Rock Addition _ .lheeityo(, _ KENAl"'LASKA V" N W+E s 180' I HHH=i 1 inch equals 178 fe et The information depicted here on is for graphic represen ta tion only of the best available sources. The City of Kenai assumes no respon sibility for errors on this map. Date: 10/20/201 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna , Alaska 99669-7520 PHONE: (907) 714-2215 •FAX: (907) 714-2378 To.'1-free within the Borough : 1-800-4 78-4441, Ext. 2215 www.kpb.us J anuary 11, 2018 Kenai City Council 210 Fidalgo Avenue Kenai , AK 99611-7794 CHARLIE PIERCE BOROUGH MAYOR RE : Vacation of the Coolidge Lane right-of-way as dedicated on Buxton Subdivision. P lat KN 1624, and Eagle Rock Enterprises Subdivision No. 1, Plat KN 83-281 . Also vacation of the five foot wide utility easement adjoining Coolidge Lane on Lots 1. 2 . and 3 Eagle Rock Enterprises Subdivision No 1, Plat KN 83-281, as granted on Eagle Rock Enterprises Subdivision No 1, Plat KN 83-281 ; Location: between Second Avenue and Third Avenue, City of Kenai and the KPB , SE1/4 SW1/4 of Section 31 , Township 6 North, Range 11 West, S.M .. AK; File 2017-175V 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 o f January 8 . 2018. Findings 1. Th e property is within the City of Kenai. 2 . Deve lopment within the property must comply with the requirements of the zoning district. 3 . Per Resolut ion PZ17-34 , the property is zoned Suburban Residential. 4 . The Ken ai Planning and Zoning Commission conditionally approved the preliminary plat Buxton Subd ivision Eagle Rock Addition. w hich will finalize the vacations if approved, on October 25 , 2017. 5. Buxton S ubdivision Eagle Rock Addition combines 5 lots in to two lots in addition to vacating r ight- of-way and a ut ili ty easement. 6 . Tract A and Lot 3A have existing access off the paved. city maintained rights -of-way the lots front. 7 . The block consists of Second Aven ue. North Forest Drive. Third Avenue. and North G ill Str eet. 8. North Gill Street, North Forest Drive, Second Avenue, and Third Avenu e are constructed and paved . 9. If th e v acation is approved . the b lock w ill still compl y with KPB 20.30 .170. 10. The deed pa rcel and Government Lot 110 to the east have access off North Forest Drive. 11 . Lot 4, KN 83-281 . to t he west has existing access off Second Avenue. 12. Lots 1-3, KN 1624, to the west have existing access off Third Avenue and North Gill Street. 13. Lots 6 and 7 , KN 83-281 , to the west have e xi sting access off North Gill Street. 14. Sufficient rights-of-way exist to serve surrounding properties. 15. No surrounding properties will be denied access. 16. Per the submittal. the right-of-way proposed for vacation is not in use for access. 17. Per the submittal, the right-of-way proposed for vacation has not been constr ucted . 18. ENST AR and Homer Electric Association submitted statements of no comments or objections . Th is petition is being sent to you for your consideration and action . Th e City Council has 30 days from January 8 , 2018 in wh ic h to ve to the decision of the Planning Commission . If no veto is received from the Counci l within the 30-day period , the decision of the Pla nni ng Commission will stand . Draft, unapproved minutes of the pertinent portion of the meeting and other related materia ls are attached . MJB :pdh Attachments ;;J'~ ,/_ 6-uJ-- Max J . BeV' Plann in g Director January 11 . 2018 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street• Soldotna. Alaska 99669-7520 PHONE: (907) 714-2200 •FAX: (907) 714-2378 To/I-free within the Borough : 1-800-478-4441, Ext. 2215 www.kpb.us CHARLIE PIERCE BOROUGH MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF JANUARY 8, 2018 RE : Vacation of the Coolidge Lane right -of-way as dedicated on Buxton Subdivision , Plat KN 1624, and Eagle Rock Enterprises Subdivision No. 1, Plat KN 83-281 . Also vacation of the five foot wide utility easement adjoinin g Coolidge Lane on Lots 1, 2 , and 3 Eagle Rock Enterprises Subdivisio n No 1, Plat KN 83-281 , as granted on Eagle Rock Enterprises Subdivision No 1, Plat KN 83-281; Location : between Second Avenue and Third Avenue, City of Kenai and the KPB , SE1/4 SW1/4 of Section 31, Township 6 North , Range 11 West, S.M., AK; File 2017-175V The Kenai Peninsula Borough Planning Commission approved the proposed right-of-way vacation based on th e following findings during their regu larly scheduled meeting of January 8, 2018. Findings 1. The property is within the City of Kenai. 2. Development within the property must comply with the requirements of the zoning district. 3. Per Resolution PZ17-34 , the property is zoned Suburban Residential. 4. The Kenai Planning and Zoning Commission conditionally approved the preliminary plat Buxton Subdivision Eagle Rock Addition , which will finalize the vacations if approved , on October 25, 2017. 5. Buxton Subd i vision Eagle Rock Addition combines 5 lots into two lots in addition to vacating right-of-way and a utility easement. 6 . Tract A and Lot 3A have existing access off the paved, city maintained rights-of-way the lots front. 7. The block cons ists of Second Avenue , North Forest Drive, Thi rd Avenue , and North Gill Street. 8 . North Gill Street , North Forest Drive . Second Avenue . and Third Avenue are constructed and paved . 9. ff the vacation is approved, the block will still comply with KPB 20 .30 .170. 10 . The deed parcel and Government Lot 110 to the east have access off North Forest Drive. 11. Lot 4 , KN 83-281 , to the west has existing access off Second Avenue . 12. Lots 1-3 . KN 1624, to the west have existing access off Third Avenue and North Gill Street. 13. Lots 6 and 7, KN 83-281 , to the west have existing access off North Gill Street. 14 . Sufficient rights-of-way exist to serve surro unding properties. 15. No surrounding properties will be denied access. 16. Per the submittal , the right-of-way proposed for vacat ion is not ir. use for access . 17 . Per the submittal , the right-of-way proposed for vacation has not been constrncted . 18. ENSTAR and Homer Electric Association submitted statements of no comments or objections . 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 January 8 , 2018 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. 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 January 11, 2018 to: Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611-7794 Mclane Consulting, Inc. PO Box468 Soldotna . AK 99669 Castillo H2H Trust C.O Edward & Arlis Casillo, Trustees 15 09 3'd Ave Kenai , AK 99611-7472 Mandy Castillo 1509 3rd Ave Kenai , AK 996 11-7472 City of Kenai 210 Fidalgo Street Kenai , AK 99611-7794 John & Marie Parker 140 Main Street Loop Kenai , AK 99611-7722 Cindy Worley 1508 2"d Ave Kenai , AK 99611-7479 AGENDA ITEM F. PUBLIC HEARINGS 2 . Vacation of the Coolidge Lane right-of-way as dedicated on Bu xton Subdivision, P lat KN 1624 , and Eagle Rock Enterprises Subdivision No. 1, Plat KN 83-281 . Also vacation of the five foot wide utility easement adjoin ing Cool idge Lane on Lots 1, 2 , and 3 Eagle Rock Enterprises Subdivision No 1, Plat KN 83-281 , as granted on Eagle Rock Enterprises Subdivision No 1, Plat KN 83-281 ; Location: between Second Avenue and Third Avenue, City of Kenai and the KPB , SE1/4 SW1/4 of Section 31, Township 6 North, Range 11 West. S.M ., AK ; File 2017-175V Staff Report given by Max Best PC Meeting: 1/8/18 Purpose as stated in petition : The adjoining lots are being combined by replat so the righ t-of-way is no longer necessary. The Coolidge Lane right-of-way to south was previously vacated by KN 2016-39. The right-of-way is only a half right-of-way and the street was not constructed and is not being used by utilities. Alternate access exists via constructed public streets to all surrounding parcels. Petitioners: Castillo H2H Trust, Cindy Worley, and John C . and Marie L. Parker of Kena i, AK . Notification: Public notice appeared in the December 28 , 2017 issue of the Peninsula Clarion. The public hea ring notice was published in the January 4 , 2018 issues of the Peninsula Clarion , Homer News , and Sewar d Journal as part of the Commission's tentative agenda. Thirty-two certified mailings were sent to owners of property with in 300 feet of the parcels. Twenty-one receipts had been returned when the staff repo rt w as written . Forty-three public hearing notices were sent by regular mail to owners with in 600 feet. Public hearing notices were emailed to 15 agencies a nd interested parties . Th e public hearing notice was distributed to 10 KPB Departments and 1 agency via a sha red database. Notices were ma iled to the Ken ai Post Office and Kenai Commun ity Library to be posted in pub lic locations. The notice an d maps were posted on the Borough bulletin board and Plann in g Department publi c hearing notice web site. Comments Heceived: ENST AR: No comments , rec ommen dations. or objections . Homer Electric Association : No comments or objections. AC S : No objections. Kena i Plann ing and Zoning Com mission recommended approval of the preli min ary pla t that will fin alize the vacations. if approved , on October 25. 2017, subject to: a. Further development of the property shall conform to all Fede ra l, State and local regulations . b. The City Council fo r the City of Ken a i must approve the vacation of the 2 5-foot rig ht-of-way for Coolidge Lane, an d vacation of the fiv e foot (5') utility easement pursuant to K enai Municipal Code 22 .05.110 and Kena i Pe ni nsula Boroug h Code 20.28 .100. c . T he City Manager for the City of Kenai must sign the plat ackn ow ledging acceptance by the C ity of Ke11ai of the final p!at. KP B Address ing Officer: No objection to the vacation. KPB Code Compliance: No comments. KPB Pl anner: Within c ity limits ; review not required . KENAI PENINSULA BOROUGH PLANNING COMMISSION JANUARY-8. 2018 MEETING M INUTES PAGE 11 KPB River Center: C ity of Kenai does not participate in the KPB Floodplain Program . Not w ithin the Habitat Protection District. KPB Roads Department. Outside the KPB Roads Department jurisdiction . State Parks: No comments. Staff Discussion : The pertinent KPB Code for Item b in the Kenai Commission 's conditions of approval is 20.70.110. Comments from GCI were not available when the staff report was prepared . If the vacation is approved. it will be finalized by recording the plat Buxton Subdivision Eagle Rock Addition . The plat is scheduled for Plat Committee review on January 22 , 2018. Findings: 1. The property is within the City of Kenai. 2 . Development within the property must comply w ith the requirements of the zoning district. 3. Per Resolution PZ17-34 , the property is zoned Suburban Residential. 4. The Kenai Planning and Zoning Commission conditionally approved the preliminary plat Buxton Subdivision Eagle Rock Addition , which will finalize the vacations if approved, on October 25 , 2017 . 5. Buxton Subdivision Eagle Rock Addition combines 5 lots into two lots in addition to vacating right-of- way and a utility easement. 6. Tract A and Lot 3A have existing access off the paved , city maintained rights-of-way the lots front. 7. The block consists of Second Avenue, North Forest Drive , Third Avenue, and North Gill Street. 8. North Gill Street, North Forest Drive, Second Avenue , and Third Avenue are constructed and paved . 9 . If the vacation is approved , the block will still comply with KPB 20.30.170 . 10 . The deed parcel and Government Lot 110 to t he east have access off North Forest Drive. 11 . Lot 4 , KN 83 -281 , to the west has existing access off Second Avenue. 12 . Lots 1-3. KN 1624. to the west h ave existing access off Third Avenue and North Gill Street. 13 . Lots 6 and 7 , KN 83-281, to the west have existing access off North Gill Street. 14 . Sufficient rights-of-way e xist to serve surrounding properties. 15. No surrounding properties will be denied access. 16. Per the submittal , the right-of-way proposed for vacation is not in use fo r access . 17. Per the submittal , the right-of-way proposed for vacation has not been constructed. 18. ENSTAR and Homer Electric Assoc iation submitted statements of no comments or objections . STAFF RECOMMENDATION: Based on the above findings , staff recommends app roval of the vacations as petitioned , subject to : 1. Consent of the proposed vacations by the Kenai City Council. 2. Submitta l of a final plat with in a time frame that will allow recordation of the plat within one year of v ac ation consent by the Kena i City Council. 3. C ity Manager's signature on the final plat. 4 . No o bj ections from the ut ility provide rs . 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 r eceived 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 KENAI PENINSULA BO ROUGH PLANN ING COM MISSION-JANUA R Y 8, 2018 MEETIN G M INUTES PAGE 12 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 Cha irman Martin opened the meeting for public comment. 1. Mandy Castillo. 1509 Third Ave. Kenai Ms. Castillo was representing her father who could not be at the meeting . The reason for vacat ing this road was to extend their property by vacating this road . Chairman Martin asked if there were questions for Ms . Castillo . 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. MOTION: Commissioner Ecklund moved , seconded by Commissioner Carluccio approval of the vacation of the Coolidge Ln right-of-way as dedicated on Buxton Subdivision , Plat KN 1624 and Eagle Rock Enterprises Subdivision No. 1, Plat KN 83-281 as well as the vacation of the 5 foot wide utility easement adjoining the Coolidge Ln based on the following findings of fact per staff recommendations and adherence to boroug h code. Findings 1. The property is within the C ity of Kenai. 2. Development within the property must comply with the requ ireme nt s of the zoning dis trict. 3. Per Resolution PZ17-34 . the property is zoned Suburban Resident ial. 4. The Kenai Planning and Zon ing Comm ission conditionally approved the pre li minary plat Buxton Subd iv ision Eagle Rock Addition. which will fina lize the vacations if approved , on October 25 , 2017 . 5. Buxton Subdiv ision Eag le Rock Addition combines 5 lots into two lots in add it ion to vacating right-of- way and a utility easement. 6. Tract A and Lot 3A have existing access off the paved . city maintained ri ghts-of-way the lots front. 7. The block consists of Second Avenue. North Forest Dri ve , Third Avenue , and North Gill Street. 8. North Gill Street. North Forest Drive. Second Avenue , and Thi rd Avenue are construc te d and paved. 9. If the vacation is approved . the block will still comply with KPB 20 .30.170. 10. The deed parce l and Go vernment Lot 110 to the east have access o ff North Forest Drive . 11 . Lot 4 , KN 83-281 . to the west has exi sting access off Second Avenue. 12 . Lots 1-3 , KN 1624, to the west have existing access off Third Avenue and North G ill Stree t. 13. Lots 6 and 7, KN 83-28 1, to the west have existing access off Nort h Gill Street. 14. Sufficient rights .. of-way exist to serve surrounding propertie s. 15. No surroundin g properties will be denied access. 16. Per the subm ittal , the right-of-w ay proposed for vacation is not in use for access. 17 . Per the submittal , the right-of-way proposed for vacation has not been constructed. 18 . ENSTAR and Homer Electric Association submitted statements of no comments or objections . VOTE: The motion passed by una nim ous consent. BENTZ CARLUCCIO ECKLUND I ERNST FIKES FOSTER ISHAM I YES YES YES YES YES ABSENT A BSENT . MORGAN I RUFFNER VENUTI WH ITNEY 10 YES LOCKWOOD MARTIN I ABS ENT YES YES YES YES YES I 3 ABSE NT K ENAI PENINSULA SOROUGH PLANNI NG COl.A M ISSION JA NUARY 8 . 2018 MEETING MINUTES PA GE 13