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HomeMy WebLinkAboutResolution No. 2018-33_____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO THE VACATION OF THE BELUGA DRIVE WEST SIXTY FOOT (60’) RIGHT-OF-WAY AND A FIFTEEN FOOT (15’) UTILITY EASEMENT WITHIN THE PROPOSED BELUGA SUBDIVISION 2015 REPLAT RIGHT-OF-WAY VACATION PLAT, WHICH IS ATTACHED HERETO AS EXHIBIT “A”. WHEREAS, on April 25, 2018, the City of Kenai Planning and Zoning Commission approved Resolution PZ2018-07, a resolution recommending approval of the Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat; and, WHEREAS, on May 29, 2018, the Kenai Peninsula Borough Planning Commission approved the Preliminary Plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat, consistent with the recommendation of the City of Kenai Planning and Zoning Commission; and, WHEREAS, Kenai Municipal Code Section 22.05.110(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, ACS, ENSTAR Natural Gas and Homer Electric Association have submitted statements to the Kenai Peninsula Borough that offer no objection to the removal of the right-of- way and 15’ utility easement; and WHEREAS, the right-of-way and 15’ utility easement are no longer needed for a public use because the applicant will dedicate a utility easement thirty feet (30’) in width centered along the existing underground water line and the City will be able to maintain the underground water line; and, WHEREAS, vacation of the right-of-way would not alter development of City-owned property to the south and west of the proposed Lot 5-A, Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat. Resolution No. 2018-33 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That as shown on the proposed Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat, the following Beluga Drive West right-of-way and utility easement are no longer needed for a public use and the Council of the City of Kenai consents to these vacations: a) Vacate the sixty foot (60') right-of-way; and b) Vacate the fifteen foot ( 15 ') utility easement. Section 2. Approval contingent on final plat granting two (2) thirty foot (30 ') utility easements as shown on the attached exhibit. Section 3. That this resolution take effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2018. ·;z · /\I =-tyi B~AN GABRIEL SR., MAYOR ~ 0 -CJ) t w (IJ rt1 it ;>" _, v -- T ''(/;ff~ (Q/t/t, a Pa$'t, Ct'ti IQ/t/t, a Fut«H 11 210 FidalgoAve, Kenai , Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager FROM: Elizabeth Appleby , City Planner DATE: June 13, 2018 SUBJECT: Resolution 2018-33 -Consenting to the Vacation of Beluga Drive West Right-of-Way and Utility Easement within the proposed Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat On March 22 , 2018, a preliminary plat of Beluga Subdivision 2015 Replat Rig ht-of-Way Vacation Plat was submitted to the City by Integrity Surveys. The purpose of this plat is to vacate the sixty foot (60') right-of-way of Beluga Drive West, vacate a fifteen foot (1 5') utility easement, and dedicate a thirty foot (30 ') utility easement to encompass the existing underground water line. The City of Kenai has an underground water line located within the right-of-way of Beluga Drive West. The City of Kenai does not object to the right-of-way vacation because the applicant w ill dedicate a thirty foot (30') utility easement centered along the existing underground water line. Therefore , the City will still be able to ma intain the underground water li ne. On April 25 , 2018, the City of Kenai Planning and Zoning Commission passed Resolution PZ2018-07 , recommending approval of the preliminary plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation Plat; subject to the following conditions: 1. Further development of the property shall conform to all Federal , State and local regulations. 2 . The City Council for the City of Kenai must approve the vacation of the sixty foot (60 ') Right-of-Way for Beluga Drive West, pursuant to Kena i Municipal Code 22 .05 .110. 3. The City Council for the City of Kenai must approve the vacation of the fiftee n foot (15') util ity easement as shown on the proposed plat, pursuant to Kena i Municipal Code 22.05.110. On May 29, 2018, the Kena i Peninsula Borough Planning Commission approved of th e vacation of a public right-of-way and associated utility ease ments in the Be luga Drive West subd ivision, consistent with the re co mmendation of the City of Kenai Plann in g and Zon ing Commission . Page 2 of 2 Resolution 2018-33 The Kenai Peninsula Borough has submitted a request to the City of Kenai for their consent to the vacation of the sixty foot (60 ') Beluga Drive West right-of-way and the fifteen foot (15') utility easement, pursuant to Alaska Statute 29.40.140 and Kenai Municipal Code 22.05 .110 . Attached to th is memo is a map, the application to the City of Kena i for the replat, and an excerpt of minutes from the April 25, 2018 City of Kenai Planning and Zoning Commission meeting approving PZ2018-17. A plat is attached as Exhibit A to proposed City Council Resolution No. 2018-33. Thank you for your consideration. Tract 5, Beluga Subd. 2015 Replat & R-0-W Vacation ((U . ~Mfj··~J ~,1h,,;1y.r,,,/ K HAI, ALASKA 'V" N W+E s 850 ' -·~~~~~~~~ 1 inch equals 833 feet The information depicted here on is for graphic representation only of th e best available sources . The City of Kena i assumes no respons ib ility for errors on th is .,.:• ~ map . t J ' ~· .i[ ;'. Jf.J. Date: 4/19/2018 l{EC.EI Vfl PL.A NNING DE PART MENT .J lrttilJ ;f. ICEHll, llASU v APPLICANT MAILING ADDRESS CI TY, STATE, ZIP PHONE NAME OF PLAT CITY OF KENAI PLANNING DEPARMENT PRELIMINARY PLAT SUBMITI AL FORM Kenai New Life Assemb ly ot God Church · Steve Brown ?flO -. ---C::t Kena i. AK 996 11 Beluga Subdivisino 2015 Replat ·Right of Way Vacat ion Plat Prelimin ary Plat Revised Prelim in ary Plat CURRENT ZONING WHERE APPLICABLE: rural res iden tia l 1 USE . Residentia l Recreational Commercial Other SEWER · On Site City xx Community WATER . On S ite City xx Community Vacation of Public R ight-of-Way Yes XX No STREET NAME. Beluga Drive West I EXCE PTIONS RE.QUIRED ANO REQUESTED I COMMENTS· Date 6/24/2014 2. *APPROVAL OF MINUTES: April 11 , 2018 The minutes were approved by the Consent Agenda . 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled . 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS: a. Resolution PZ2018-07 Original Preliminary Plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 , on behalf of Kenai New Life Assembly of God, 209 Princess Lane, Kenai , AK 99611 COMMISSIONER FIKES ARRIVED AT 7:03 PM City Manager Ostrander reviewed the staff report, as provided in the packet, noting tha t the purpose of this plat is to vacate the Right-of-Way of Beluga Drive West; vacate a fifteen foot (15') utility easement; and dedicate a thirty foot (30') utility easement which encompasses the existing underground water line. He further noted that the property owner would also like to vacate the fifteen foot (15') utility easement along the southern boundary of Tract 5, Beluga Subdivision 2015 Replat & Right-of-Way vacation. Ostrander added that the City of Kenai does not object to the vacation of the utility easement because the property owner was dedicating a thirty foot (30') utility easement which will be centered on the existing underground water line , allowing the City access to it. Planning and Zoning Staff recommended approval of the preliminary plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation, subject to the following conditions: • Further development of the property shall conform to all Federal, State and local Regulations; • The City Council for the City of Kenai must approve the vacation of the sixty foot (60') Right-of-Way for Beluga Drive West, pursuant to Kenai Municipal Code 22.05 .11 O; and • The City Council for the City of Kenai must approve the vacation of the fifteen foot (15') utility easement as shown on the proposed plat, pursuant to Kenai Mun icipal Code 22 .05 .110. MOTION : Commissioner Askin MOVED to approve Resolution No . PZ2018-07 with staff recommendations and Commissioner Springer SECONDED the motion . Chairman Twait opened the floor for public testimony; there being no one wishing to be heard , public comment was closed . VOTE: YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes NAY: Planning and Zoning Commission Meeting April 25, 2018 Page 2 of 5 MOTION PASSED. 6. PUBLIC HEARINGS: a . Resolution PZ2018-08 -Application for a Cond itional Use Permit to Construct a Residential Six-Family Dwelling Unit for Seniors Age 55 and Older, lo cated at 2392 Redoubt Avenue , Kenai , Alaska , 99611 , and f urther described as Lot 1, Kenai Meadows . The application was submitted by Kenai Peninsula Housing Initiatives, P.O . Box 1869, Homer, Alaska 99603 City Manager Ostrande r reviewed the staff report, as provided in the packet, noting that the City of Kenai conveyed Lot 2, Kenai Meadows , to Kenai Peninsula Housing Initiatives Inc. in May 2017 and Lot 1, Kena i Meadows, to Kenai Peninsula Housing Initiatives Inc. in March 2018. He further noted the Quitclaim Deeds conveying Lots 1 and 2, Kenai Meadows, from the City of Kenai to Kenai Peninsula Housing Initiatives Inc. contained the follow ing rest riction: Per City of Kenai Ordinance 2899-2016 , in the event of a land sale , to a for Profit entity, the value of the property shall be reimbursed to the City, if the Sale occurs within twenty (20) years after transfer to Kenai Peninsula Housing Initiatives, Inc. This application was specifically for Lot 1. Based on the application and a review of the criteria required to approve the permit , the application met the intent of the zone and complied with the Comprehensive Plan . Staff recommended approval with the following conditions : • Further development of the property shall conform to all Federal, State, and local regulations ; • Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed and approved by the City Planner; • Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai; • A biennial fire inspection must be completed by the Fire Marshall for the C ity of Kenai; and • A yearly Conditional Use Permit report must be subm itted to the City of Kenai prior to the 31s t day of December of each year. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ2018-08 with staff recommendations and Commissioner Askin SECO NDED the motion . Chairman Twa it opened the floor for public testimony; there bein g no one wishing to be heard , public comment was closed . Commissioner Peterson noted he would be voting in support but wondered about the e xi sting structure and if it would be sharing the paved common parking area . Representative of the Petitioner, Connie Van clarified that this residential unit would have its own entrance and parking area , it would not be shared with the common parking lot. Planning and Zoning Commission Meeting Apri l 25, 2018 Page 3 of 5 'tftffo;e a1/tlv a Pa~~ Ct~ a1/tlv a f"atfif'e" 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDUM TO: FROM : DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager June 20, 2018 Resolution No. 2018-33 -Vacating Beluga Drive West Right-of-Way - Request for additional easements After review of the proposed vacation of Beluga Drive West Right-of-Way, the need for easements to accommodate possible future water connections to the City of Kenai property south of the existing Right-of-Way became apparent. It is the recommendation of the administration that Council approves Resolution No. 2018-33 contingent upon the final plat granting two (2) 30 ' utility easements as shown on the attached ex hibit. Your consideration is appreciated .