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HomeMy WebLinkAboutResolution No. 2018-41Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO THE VACATION OF THE EASTERNMOST PORTION OF RIVERVIEW DRIVE RIGHT-OF-WAY BETWEEN BROAD STREET AND LOT 2C, ORIGINAL TOWNSITE OF KENAI LADDVILLE REPLAT NO 3; THAT PORTION OF BROAD STREET RIGHT-OF-WAY SOUTH OF COOK AVENUE; AND THE UNNAMED RIGHT-OF-WAY SOUTH OF COOK AVENUE ADJACENT TO LOT 2C ORIGINAL TOWNSITE OF KENAI LADDVILLE REPLAT NO. 3 AND LOT 1, BLOCK 18, ORIGINAL TOWNSITE OF KENAI AS SHOWN ON THE PROPOSED ORIGINAL TOWNSITE OF KENAI BLUFF REPLAT, WHICH IS ATTACHED HERETO AS EXHIBIT "A". WHEREAS, on January 24, 2018, by Resolution No. PZ2018-02 the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve the Original Townsite of Kenai Bluff Replat with vacation of the a portion of Rivervew Drive Right-of Way; a portion of Broad Street Right-of-Way South of Cook Avenue; and the unnamed Right-of-Way South of Cook Avenue Adjacent to Lot 2C, Original Townsite of Kenai Laddville Relat No. 3, and Lot 1, Block 19, Original Townsite of Kenai; and, WHEREAS, on June 13, 2018, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat of the Original Townsite of Kenai Bluff Replat consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on June 25, 2018, the Kenai Peninsula Borough Plat Committee met and approved the Preliminary Plat of the Original Townsite of Kenai Bluff Replat consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, the rights-of-way have not been developed and do not provide access to the existing parcels, or are too close or over the bluff to be safely used due to erosion; and, WHEREAS, pursuant to Kenai Municipal Code Section 22.05.11 O(b) -Determination as to Need for Public Use, rights-of-way may be vacated by Resolution; and, WHEREAS, ACS, ENSTAR Natural Gas and Homer Electric Association offered no comments to the Kenai Peninsula Borough concerning the vacation of the rights-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That following rights-of-way for the ORIGINAL TOWNSITE OF KENAI BLUFF REPLAT 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) Vacate the easternmost portion of Riverview Drive Right-of-Way between Broad Street and Lot 2C Original Townsite of Kenai Laddville Replat No. 3; and, b) Vacate the portion of the Broad Street Right-of-Way South of Cook Avenue; and, Resolution No . 2018-41 Page 2 of 2 c) Vacate the unnamed Right-of-Way South of Cook Avenue adjacent to Lot 2C Original Townsite of Kenai Laddville Replat No . 3 and Lot 1, Block 18, Original T ownsite of Kenai. Section 2. That this resolution takes effect immediately upon passage . ADOPTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this fifth day of July, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ,18 - 3 I 1816 4 5A 1&2 7 ~ Proposed Original Townsite of Kenai Bluff Replat flrrrt'ly~ ~ KENAI, ALASKA "V' N W+E s 100' 1 inch equals 100 feet The infonnation depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. Date: 6/27/2018 I I I I I I I I _ _J .. 'ti .. .ll81HX3 'tftff~ «1/tlv a PaJ'~ ft~ «1/tlv a f"u.t~ " 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 Willie Anderson, Planning Assistant July 5, 2018 Resolution 2018-41 -Consenting to the Vacation of the Easternmost Portion of Riverview Drive Right-of-Way Between Broad Street and Lot 2C, Original Townsite of Kenai Laddville Replat No. 3, a Portion of Broad Street Right-of-Way South of Cook Avenue , and the Unnamed Right-of-Way South of Cook Avenue Adjacent to Lot 2C Original Townsite of Kenai Laddville Replat No. 3 and Lot 1, Block 18, Original Townsite of Kenai The purpose of a preliminary plat of the Original Townsite of Kenai Bluff Replat is to reconfigure five parcels into three lots : Lots 1A and 2C1, and Tract A, Block 18, Original Townsite of Kenai Bluff Replat. The proposed replat would also delineate the rights-of-way to be vacated with hash marks. The rights-of-way are for a portion of Riverview Drive, Broad Street, and the unnamed right-of-way to be vacated by this plat. These rights-of-way have not been developed and do not provide access to the existing parcels. Access to the proposed Lots 1A and 2C1, Block 18 would be provided via Coo k Avenue, which is a City maintained gravel road . Access to the proposed Tract A, Block 18, will be provided by the dedication of the parcel shown as Broad Street on the proposed plat. The bluff has eroded considerably, and the right-of-way vacations are part of a bluff restoration project. The subject parcels are zoned Central Commercial. Pursuant to Kenai Municipal Code (KMC) 14.24 .010 -Minimum Lot Area Requirements, the Central Commercial Zoning District has no minimum required parcel size. Therefore, the proposed preliminary plat would meet lot size requirements. On January 24 , 2018, the City of Kenai Planning & Zoning Commission passed Resolution PZ2018-02, recommending approval of the preliminary plat of Original Townsite of Kenai Bluff Replat; subject to the following conditions: a. Further development of the property shall conform to all Federal, State and local regulations. Page 2 of 2 Resolution 2018-41 b. The City Council for the City of Kenai must approve the vacation of the right-of-way for Riverview Drive pursuant to Kenai Municipal Code 22 .05 .110 and Kenai Peninsula Borough Code 20.70.110. c . The City Manager must sign the proposed plat to accept the dedication of the right of-way created on the parcel of property owned by the City of Kenai. d. The area that the City of Kenai is proposing be dedicated to right-of-way should be delineated or noted on the plat. On May 29, 2018, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat of Original Townsite of Kenai Bluff Replat consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai. The Kenai Planning and Zoning Commission reviewed the plat at their January 24, 2018 meeting. The Kenai Peninsula Borough Plat Committee approved the plat at their June 25, 2018 meeting . Pursuant to AS 29.40.140 and KMC 22.05 .110, the Kenai Peninsula Borough has submitted a request to the City of Kenai for their consent to the vacation of the rights-of-way as shown on the preliminary plat of Original Townsite of Kenai Bluff Replat. Thank you for your consideration.