HomeMy WebLinkAboutResolution No. 2018-62CITY OF KENAI
RESOLUTION NO. 2018-62
Sponsored by: Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING A
TWENTY-FIVE FOOT (25') ALLEYWAY ADJACENT TO THE NORTHERN BOUNDARIES OF
LOTS 1 AND 2, SHADURA SUBDIVISION, AS SET FORTH ON THE ATTACHED EXHIBIT "A"
THE ALLEYWAY IS NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS
VACATION.
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'; and,
WHEREAS, the proposed preliminary plat of Shadura Subdivision Nilchil Addition will eliminate
the lot lines between Lots 1 and 2 and Tract A to create one parcel, Tract A-1, and therefore the
alleyway will not be necessary to provide access to Lots 1 and 2; and,
WHEREAS, the alleyway proposed to be vacated is not constructed, not in use for access, and
no surrounding properties will be denied access; and,
WHEREAS, access to the proposed Tract A-1 will be via the current driveway lying east of Lots
1 and 2, Shadura Subdivision; and,
WHEREAS, the alleyway proposed to be vacated is no longer needed for a public use; and,
WHEREAS, the Planning and Zoning Commission of the City of Kenai recommended approval of
the preliminary plat of Shadura Subdivision Nilchil Addition, which included the vacation of the
twenty-five foot (25') alleyway along the northern boundaries of Lots 1 and 2, Shadura
Subdivision, through Resolution PZ2018-25 at their regular meeting on October 10, 2018; and,
WHEREAS, the Kenai Peninsula Borough Planning Commission met and approved the
Preliminary Plat of Shadura Subdivision Nilchil Addition, consistent with the recommendation of
the Planning and Zoning Commission for the City of Kenai at their regular meeting on November
13, 2018; and,
WHEREAS, the Kenai Peninsula Borough Plat Committee met and approved the Preliminary Plat
of Shadura Subdivision Nilchil Addition, consistent with the recommendation of the Planning and
Zoning Commission for the City of Kenai at their regular meeting on November 26, 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The alleyway located along the northern boundaries of Lots 1 and 2, Shadura
Subdivision, is no longer needed for a public use and the Council of the City of Kenai consents to
the vacation of the alleyway, as set forth on the attached Exhibit A.
Resolution No. 2018-62
Page 2 of 2
Section 2. That this resolution takes effect immediately upon passage.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of December
2018.
ATTEST:
MAYOR -BRIAN GABRIEL SR,
Heinz, CMC, City
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MEMORANDUM
'7/11a� wit% a Past, c�p wit/ a Ftp
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
www. kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: November 27, 2018
SUBJECT: Resolution No. 2018-62 — A Resolution for Vacation Of A Twenty -Five
Foot (25') Alleyway Adjacent To The Northern Boundaries Of Lots 1 And
2, Shadura Subdivision, As Set Forth On The Attached Exhibit "A"
The property owner, Nilchil Solutions, LLC, has submitted a preliminary plat to replat three parcels
to create one larger parcel by vacating the property lines of Lots 1 and 2. Lots 1 and 2 are
surrounded by Tract A. The preliminary plat submitted by McLane Consulting to the City of Kenai
shows Lot 1, Lot 2, and Tract A combined into Tract A-1. Tract A-1 would be approximately 3.957
acres. The proposed Tract A-1 meets the minimum lot requirements required in the Central Mixed
Use (CMU) Zone by Kenai Municipal Code (KMC) 14.24.
In addition, the owner would like to vacate the twenty-five (25) -foot alley located north of Lots 1
and 2, Shadura Subdivision, and south of Tract B, Gusty Subdivision Addition No. 2. This alley
was never constructed or used to provide access to and from the properties. Vacating the alley
will not impact access or utilities on any of the adjacent properties. The Kenai City Council must
declare the twenty-five (25) -foot alley not needed for a public use and approve the vacation as
shown on the preliminary plat, pursuant to KMC 22.05.110.
The parcels are connected to City water and sewer services. Access to the property is provided
via the Kenai Spur Highway, a paved, State -maintained road. The existing building on the parcels
formerly housed a Napa Auto Parts store. As the building crosses the property line between Lots
1 and 2 and may encroach on Tract A, the building is a non -conforming structure. The replat
would bring the structure into conformance. Nilchil Solutions has plans to remodel the existing
structure and will obtain the appropriate building permits from the City of Kenai.
The Planning and Zoning Commission of the City of Kenai approval of the preliminary plat of
Shadura Subdivision Nilchil Addition, which included the vacation of the twenty-five foot (25')
Page 2 of 2
Resolution 2018-62
alleyway along the northern boundaries of Lots 1 and 2, Shadura Subdivision, through Resolution
PZ2018-25 at their regular meeting on October 10, 2018. The Kenai Peninsula Borough Planning
Commission approved the Preliminary Plat of Shadura Subdivision Nilchil Addition, consistent
with the recommendation of the Planning and Zoning Commission for the City of Kenai at their
regular meeting on November 13, 2018, The Kenai Peninsula Borough Plat Committee also
approved the Preliminary Plat of Shadura Subdivision Nilchil Addition, consistent with the
recommendation of the Planning and Zoning Commission for the City of Kenai at their regular
meeting on November 26, 2018. Utility providers Enstar Natural Gas and Alaska Communication
(ACS) were notified and offered no objection to the alleyway vacation. Vacation of the alleyway
will not affect utility easements or access.
ATTACHMENTS
A. Application
B. Resolution No. PZ2018-25
C. Map
CITY OF KENAI PLANNING DEPARMENT
PRELIMINARY PLAT SUBMITTAL FORM
APPLICANT
Jason Yeoman, Manager of Nilchil Solutions LLC
MAILING ADDRESS
508 S. Willow St. Suite A
CITY. STATE, ZIP
Kenai, AK 99611
PHONE
907-39S-4455
NAME OF PLAT Shadura Subdivision N7cNI Addition
Preliminary Plat Revised Preliminary Plat
Central Mixed Use
SEWER:
On Site
City
Community
WATER:
On Site
City
Community
Vacation of Public Right -of -Way Yes No
STREET NAME: 25' Alley Vacated per this plat
!l) 2`2�i8
4APPIr't's LSignature Date
6/24/2014
Kenai Peninsula Borough Planning Department
int North Sinkley Street
Soldotne, AK 99669
Plat Submittal Form
Survey Firm Name 8 Address:
McLane Consulting Phone: 907-2834218
38240 Kenai Spur Mphway
Soldobte AK 89669 Fine. Jhau@,mcanecg.c wn
2] Pfalmlmrtf Plat E] Revised Preliminary Plat [O Minor Revisions E] Ma)or Revisrons]
El PreBminaryDesign �SubdiWlon Piet Ptbse(HepheasdoYsekPrnenU rqk Pf.ymaayd,aig„nema bsbfv)
(Pretimi dry Design Name:
O Submittal of 2 MI size Plate and 1- 11107 size Plats.
0 Plat SubmM8I Fee m the Amount of tM
M Final Plat— PreliminaryApproval Granted (date)
E] Plat Recording Fee In the Amount of
Abbreviated Plat ❑Yee ❑✓ No (yyas,usefhe Abdrevfefed Met Subm/eal Form.)
Plat Name: Shadurs Subdivision NBcdi Addition
Generei Looatinn: CRY of Kenai, $Doth of Coral Street and Kenai Spur Highvrey
USE: E]Residemial [—]Recreational O Commercial n Agrimiluml
Other:
Qy City minutes attached (Platfoc idon is In city /Ants, or BrJdge Creek Wmerahed Diamct)
CURRENT ZONING WHERE APPLICABLE: Central Mixed Use
SEWER: ❑ On site 0 City ❑ Community WATER: []On ate ❑] City ❑CommuMty
EXCEPTIONS REQUIRED AND REQUESTED:
1.
2.
3.
4.
Comments: (Attach an edafi'onetshea yneedert)
Jason Yeomen, Manager
Pant No"
Panf Nana
Pdnt Nam
prat"
Please Note: tr you are wonNg as a m"senfadva or oftw of a mfpomfion and own less amn 50% of &aid
mrpon0on (of you ere not lisbad as a M9108red agent M ft State of Alasim oownaaun debts,), a corporate
msmufln a Signed dooummmeom d» Board ofWectom Heady alafing your ala/rorhamn to sign fpr fA mrporefion
must be attached.
a..rmdaasesa
"�. Kenai Peninsula Borough Planning Department
144 North 9lnkley
Soldomw, Alaska 99669-7599
Toll free within the Borough 14004794441, extension 2100
•. r, u , (907) 71422011
Petition to Vacate Public Right-of-Way/Easement/Platted Public Area
Public Hearing Required
Upon receipt of complete application with fees and all required attachments, a public hearing before
the Planning Commission will be scheduled. The petition with all required information and attachments most
be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and
Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application.
Q $5170 non-refundable fee to help defray costs of advertising public hearing.
Ov City Advisory Planning Commission. Copy of minutes at which this hem was acted on, along with a copy
of City Staff Report.
❑✓ Name of public rlght-of-way proposed to be vacated Is dedicated by the plat of
25' Alley Subdivision, filed as Plat No. K-1356
in
Kemal Recording District.
❑ Are there associated utility easements to be vacated? O Yes O No
❑ Are easements In use by any utOlty company? if so, which company
❑ Easement for public road or rlgh"f-way as set out In (specify type of document)
as recorded in Book Page of the
Recording District. (Copy of recorded document must be submitted with
petition.)
❑✓ Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 1147
Inches in size. in the case of public right -0f -way, the submittal must Include a sketch showing which
parcels the vacated area will be attached to. Proposed alternative dedication Is to be shown and
labeled on the sketch.
Has right-of-way been fully or partia0y constructed? ❑Yes ❑+ No
Is right-of-way used by vehicles/pedestrians/other? ❑Yes ONO
Is alternative right -of --way being provided? 0 Yes ❑ No
The petitioner must provide reasonable justification for the vacation. Reason for vacating:
The new Subdivision will eliminate the lot Una* that give reason for ifs alley. Access lo the Id le via
a driveway on the east side of the existing structure. The Tract Is reverft back to its orgin es Shadura
Subdivision Tract A in K431 Kenai Recording District.
The petition must be signed (written signature) by owners of the majority of land fronting the right-of-
way, easement, or platted public area proposed to be vacated. Each petitioner must Include address
and legal description of his/her property.
Submitted By:
Name: McLane ConwlUng, Inc.
Address
PO Box 488
Soldotna, AK OWN
Phone 907-2834218
Petitioners:
Signature _
Name Jason Ye an
Address 508 eWillow SL Suite A
Kenai, AK 99511
Owner of Tract A, lot 1. Lot 2 Shadure Subd,
Name
Owner of
ROWEme t Vocation Petition & Procedures
RevW2111114
Signature as:
❑Petitioner RepresentatNt
Signature
Name
Ownerof
Name
Address
Ownerof
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2018 - 25
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE SUBDIVISION PLAT SHADURA SUBDIVISION
NILCHIL ADDITION ATTACHED HERETO AS EXHIBIT "A" BE APPROVED SUBJECT
TO THE CONDITIONS OUTLINED BELOW.
WHEREAS, the City of Kenai received the plat attached as Exhibit A from McLane Consulting,
Incorporated on behalf of Nilchil Solutions, LLC; and
WHEREAS, the plat meets the requirements of the minimum lot size and lot width for the Central
Mixed Use Zone; and
WHEREAS, the plat accurately represents street names and surrounding properties, the owner
is connected to City water and sewer, the parcel would be accessed by a paved and State -
maintained road, and an installation agreement is not required; and
WHEREAS, the twenty-five foot alley has not been used to provide access to or from the property
and the vacation thereof will not affect access to any surrounding parcels; and
WHEREAS, the twenty-five foot alley is not needed for a public use; and
WHEREAS, the replat to merge the three parcels into one larger parcel will bring the existing
structure into conformity with City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA TO RECOMMEND APPROVAL OF THE SHADURA
SUBDIVISION NILCHIL ADDITION ATTACHED AS EXHIBIT A BY THE KENAI CITY COUNCIL
AND KENAI PENINSULA BOROUGH, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. The Kenai City Council shall declare the twenty-five (25) foot alley not needed for a public
use and approve the vacation of the alley as shown on the preliminary plat.
3. A signature line and notary block shall be added to the plat for the beneficiaries of the
Deed of Trust encumbering the property to approve the plat.
4. The twenty (20) foot building front setback shall be delineated on the plat
Resolution No. PZ2018-25
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 10th day of October, 2018.
ATTEST:
4JEFIT, CHAIRPERSON
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