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HomeMy WebLinkAboutResolution No. 2020-63;e Sponsored by : Administration K~NAI C ITY OF K ENAI RESOL UTION NO. 2020-63 A RESOLUTION OF THE CITY OF KENAI , ALASKA, DECLARING A RIGHT-OF-WAY FOR A PORTION OF THE CUL-DE-SAC AT THE NORTH END OF DAUBENSPECK CIRCLE AS DEDICATED ON BARON PARK 2012 ADDITION PLAT KN 2012-89 , AND AS SET FORTH ON THE ATTACHED EXHIBIT "A" IS NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION . WHEREAS , on May 27 , 2020 , by Resolution No . PZ2020-10 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the prel iminary plat of Baron Park 2020 Replat with a vacation of the right-of-way of the cul-de- sac dedicated on the plat of Baron Park 2012 Addition on Daubenspeck Circle; and, WHEREAS , on July 13, 2020, the Kenai Peninsula Borough Plat Comm ittee met and granted preliminary approval of the plat of Baron Park 2020 Replat consistent with the recommendation of the Kenai Planning and Zoning Commission; and, WHEREAS , on July 13, 2020, the Kenai Peninsula Borough Planning Commission consented to the vacation of the cul-de-sac for Daubenspeck Circle ded icated on the plat for Baron Park 2012 Add ition ; and , WHEREAS , the vacation of the right-of-way for the cul-de-sac would not vacate any utility easements and there is no needed public use for the right-of-way; and, WHEREAS , on July 14, 2020 , the Kenai Peninsula Borough submitted a letter to the Kenai City Council request ing consideration of the vacation in accordance with Alaska Statutes 29.40 .140 that requires the consen t of the City Council prior to vacation of a ci ty right-of -way; and , WHEREAS , Kenai Municipal Code 22 .05.110 -Determination as to need for public use, states City Council may vacate rights-of-way or easements by resolution . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Secti o n 1. That the right-of-way for a portion of t he cul -de-sac at the north end of Daubenspeck Circle as dedicated on Baron Pa rk 2012 Addition Plat KN 2012-89 is no longer needed for a public use and the Council of the City of Kena i consents to the vacation of the right- of-way as set forth on the attached Ex hib it "A ". Section 2 . That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 5th day of August, 2020 . Resolution No. 2020-63 Page 2 of 2 ATTEST: BRIAN GABRIEL, SR., MAYOR MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: July 28, 2020 SUBJECT: Resolution No. 2020-63 - Vacation of a portion of Daubenspeck Circle right-of-way The preliminary plat of Baron Park 2020 Replat was contracted after City Council held a work session to discuss the Baron Park Subdivision properties. On May 27, 2020, the City of Kenai Planning & Zoning Commission passed Resolution PZ2020-10, recommending to the Kenai Peninsula Borough approval of the preliminary plat of Baron Park 2020 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. The preliminary plat of Baron Park 2020 Replat showed a vacation of the cul-de-sac at the north end of Daubenspeck Circle dedicated on the plat of Baron Park 2012 Addition Plat KN 2012-89. The Kenai Peninsula Borough Plat Committee granted preliminary approval of Baron Park 2020 Replat, and the Kenai Peninsula Borough Planning Commission consented to the right-of-way vacation during their regularly scheduled meetings of July 13, 2020. In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Kenai Municipal Code 22.05.110, Determination as to the need for public use the Kenai City Council may vacate rights-of-way or easements by resolution. The Borough Staff Report notes that the Borough does not open cul-de-sacs without the written permission of all adjacent landowners, but the City of Kenai is the only adjacent landowner for this cul-de-sac. The cul-de-sac at the end of Daubenspeck Circle would be vacated by the plat, but the existing road along the southern boundary of Tract 3A would be dedicated by the plat to extend Daubenspeck Circle back to Marathon Road. The plat does not vacate any of the existing utility easements or clearing easement within the tracts or right-of-way of Daubenspeck Circle other than the cul-de-sac. The Borough Staff Report notes that the current constructed status and use of Daubenspeck Circle does not meet the Borough definition of a cul-de-sac closed at the end and instead curves and continues west. Page 2 of 2 Thank you for your consideration. Attachments: 1. Letter from Kenai Peninsula Borough 2. Draft 7/13/20 Borough Plat Committee Meeting Minutes 3. Pertinent materials from 7/13/20 Borough Plat Committee Meeting 4. Draft 7/13/20 Borough Planning Commission Meeting Minutes 5. Pertinent materials from 7/13/20 Borough Planning Commission Meeting 6. City P& Z Commission Resolution PZ No. 2020-10 7. Pertinent materials from 5/27/20 City P&Z Commission Meeting 8. Notes from 5/27/20 City P&Z Commission Meeting -----.. ~ ~ Planning Department . - ~ o \J 144 N. Binkley Street, So ldotna, A laska 99669 • (907) 714-2200 • (907) 714-2378 Fax July 14, 2020 Kenai City Council 210 Fida Igo Avenue Kenai, AK 99611-7794 Charlie Pierce Borough Mayor RE: Vacate a portion of the cul -de-sac at the north end of Daubenspeck Circle as dedicated on Baron Park 2012 Addition, Plat KN 2012-89. The right-of-way is located within the W ~ of Section 33, Township 6 North, Range 11 West, City of Kenai, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2020-057V. 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. The KPB Planning Commission approved the referenced right-of-way vacation during their regularly scheduled meeting of July 13, 2020. This petition is being sent to you for your consideration and action. The City Council has 30 days from July 14, 2020 in which to veto the decision of the Planning Commiss ion. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Attached are draft, unapproved minutes of the pertinent portion of the meeting and other related material. Sincerely, Marcus A. Mueller Acting Planning Director Kenai Peninsula Borough Attachments: Draft 7 -13-2020 Planning Commissioner Meeti ng Minutes 7-13-20 Meeting Packet Information • Plann ing Comm iss ion Unapproved Minutes July 13 , 2020 AGENDA ITEM E. PUBLIC HEARINGS 1. Vacate a portion of the cul-de-sac at the north end of Daubenspeck Circle as dedicated on Baron Park 2012 Addition, Plat KN 2012-89. The right-of-way is located within the W Y:z of Section 33, Township 6 North, Range 11 West, City of Kenai, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2020-057V. Staff report given by Scott Huff STAFF REPORT PC Meeting: July 13, 2020 Purpose as stated in petition: This plat is changing Daubenspeck Circle into a through street to Marathon Road. The portion being vacated is a portion of the cul-de-sac. Petitioners: City of Kenai, Alaska. Notification: Public notice appeared in the July 2, 2020 issue of the Peninsula Clarion as a separate ad. The public hearing notice was published in the July 9, 2020 issue of the Peninsula Clarion as part of the Commission's tentative agenda. 1 certified mailing was sent to owners of property within 300 feet of the proposed vacation. 1 receipt had been returned when the staff report was prepared. Public hearing notices were sent by regular mail to 1 owner within 600 feet of the proposed vacation. 12 public hearing notices were emailed to agencies and interested parties. Public hearing notices were made available to 7 KPB staff/Departments via a shared database. Notices were mailed to the Kenai Post Office and Kenai Community Library with a request 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: ACS: No objections. ENST AR: Comments not received when staff report was prepared. Homer Electric Association: No comments. KPB Addressing: 400/450/500 Marathon Road and 450/550 Daubenspeck Circle will need to be updated by the City of Kenai. Existing street names listed are correct. Platting Staff notes that the City of Kenai may remove the suffix 'circle' and change the road suffix. KPB Planning: KPB Planner was unavailable. KPB Platting Staff noted that no material site or local option zone issues. A review is not required for property inside city limits. KPB River Center: The floodplain reviewer noted that this is within the City of Kenai. It is not within a Habitat Protection District. KPB Roads Department: Not within KPB jurisdiction, no comments. Kenai Planning and Zoning Commission: The vacation was heard as part of their discussion of the preliminary plat at their May 27 , 2020 meeting. The preliminary plat, including the right of way vacation, Kena i Peninsu la Borough Page4 Planning Commission Unapproved Minutes July 13, 2020 was approved by the adoption of the City of Kenai Planning and Zoning Commission Resolution No. 2020- 10. State Parks: No comments. Staff Discussion: Daubenspeck Circle was dedicated on Baron Park 2012 Addition, KN 2012-89. The plat dedicated the right of way over the existing constructed road . That plat also showed that the road went outside the dedicated right of way and connected to Marathon Road. This proposed vacation will vacate the portion of the cul-de-sac that does not have any constructed road within the dedicated right of way. This vacation is also for right of way only and all utility easements granted adjoining the vacated portion right of way will remain in place. Staff notes that if the vacation is approved and the new right of way is dedicated that the right of way will no longer be a "Circle" as defined by KPB 14.10.070(B). This right of way is within the City of Kenai but staff would recommend changing the suffix for the right of way. Per KPB 20.90.01 O, a cul-de-sac serves no through traffic and are closed permanently at one end with a vehicular turnaround area. The current constructed status of Daubenspeck Circle and its continued use does not meet the definition of a cul-de-sac as it is not closed at the end, but instead curves and continues west. Staff does not recommend the opening of cul-de-sacs without the written pennission of all property owners along the right of way. However, written permission will not be required on this vacation as the property is all owned by the City of Kenai who is the petitioner for the vacation. If approved, the plat Baron Park 2020 Replat will finalize the proposed right of way vacations. The Plat Committee is scheduled to review the plat on July 13, 2020 being held prior to the Planning Commission meeting. An exception to KPB 20.30.130 Streets-curve requirements, was requested and will be heard by the Plat Committee. KPB 20.70-Vacation Requirements. Platting staff comments: Staff reviewed the vacation and all the items required by 20. 70 were met, unless otherwise noted below: C. In areas where right-of-way is being vacated due to excessive topographic features, a contour map or centerline profile and/or right-of-way cross sectional view may be required by the commission to substantiate the unusable right-of-way and show alternate and dedicated routes to insure ingress and egress to adjacent lands. Platting Staff Comments: A contour map has been prepared by staff. D. If the proposed vacation lies within the boundaries of an incorporated city, comments from the city advisory planning commission must be submitted with the petition . Platting Staff Comments: The City of Kenai Planning Commission minutes have been submitted. 20. 70.130. Vacation plat-Preparation, approval and recording . Upon approval of the vacation request by the planning commission and no veto by the city council or assembly, the applicant shall have a surveyor prepare and submit a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat. The final plat must be recorded within one year of the vacation consent in KPB 20. 70.11 O. Platting Staff Comments: The vacation is shown on Baron Park 2020 Rep/at. The preliminary plat will be heard by the plat committee on July 13, 2020. Staff recommendation: Comply with 20. 70. 130 20.70.150 . Title to vacated area. A. The title to the street or other public area vacated on a plat attaches to the lot or lands bordering on the area in equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area which lies on one side of the boundary line shall attach to the abutting property on that side, and the street area which lies on the other side of the boundary line shall attach to the property on that side. The portion of a Ke na i Pe ni nsu la Bo rough Pages Planning Commission Unapproved Minutes July 13 , 2020 vacated street which lies within the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in the city if it lies within the city and to the borough if it lies within the borough outside a city. If the property vacated is a lot or tract, title vests in the rightful owner. Platting Staff Comments: The City of Kenai is the land owner for all lots. Typically, the lot line would extend to the center of the cul-de-sac and then extend radially to the center of the proposed curve. In this case the land owner for all lots will be signing the plat and therefore agreeing to the lot configuration. Staff recommendation: Proposed plat complies with 20. 70. 150. 20. 70.160. Partial vacation allowed. Where the planning commission finds that a right-of-way must be preserved, but determines there is excessive width for all intended uses within the right-of-way, the commission may approve a partial vacation of a right-of-way such that the width is reduced to the maximum necessary for the intended use. Such vacation shall conform to this title for the class of right-of-way involved except where the right-of-way is not intended to be used for vehicular purposes. Platting Staff Comments: The partial vacation request is to eliminate the portion of the cul-de-sac bulb that is not being used, nor required, for a turnaround area at this time. Staff recommendation: Complies with 20. 70. 160. 20.70.170. Vehicular Access. The planning commission shall not approve the vacation of a right-of-way ·unless an equal or superior right-of-way for vehicular access exists or will be provided in exchange. Where two or more access points are necessary for large vacant or semi-vacant areas of land, the commission shall consider density, use, projected development, and maintain sufficient rights-of-way to serve potential use . Platting Staff Comments: The right of way is already constructed in a pattern that does not require the portion of right of way being petitioned for vacation. Staff recommendation: Complies with 20. 70.170. 20. 70.180. Other access. Other lawful uses that exist or are feasible for the right-of-way shall be considered when evaluating a vacation request. When such uses exist or could exist within rights-of-way which are not suited for general road use, the commission shall not approve the vacation request, unless it can be demonstrated that equal or superior access is or will be available. The planning commission shall consider whether alternate uses present public safety issues which support approval of the vacation. Platting Staff Comments: There will be 60 foot right of way dedicated atop the already constructed and used road. The provided right of ways will not limit other lawful uses or access to any of the facilities or recreation in the area. Staff recommendation: Complies with 20. 70. 180. 20. 70.190. Utility provisions. All existing and future utility requirements shall be considered when evaluating a vacation request. Rights-of-way which are utilized by a public utility or which logically would be required by a public utility shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a public utility easement be granted in place of the right-of-way. Platting Staff Comments: HEA and ACS and submitted that they had no objections or comments. The petition to vacate did not include any utility easement vacations and the proposed plat shows the utility easements granted on Baron Park 2012 Addition will remain. Staff recommendation: Comply with 20. 70.190 and grant utility easements requested by providers that can be worked out and agreed upon by all parties. STAFF RECOMMENDATION: Based on the above means of evaluating public necessity established by KPB 20 . 70, the merits of the proposed vacations, and staff comments, staff recommends approval of the vacations as petitioned, subject to: 1. Consent by Kenai City Council. 2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code. 3. Grant utility easements requested by the Kenai City Council and utility providers. Kenai Peninsula Borough Page 6 Planning Commission Unapproved Minutes July 13 , 2020 4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation consent (KPB 20. 70.130). 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 or borough 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 Chair Martin open the item for public comment See and hearing no one else from the public wishing to comment, Chair Martin closed public comment and opened discussion among the Commission. MOTION: Commissioner Ruffner moved, seconded by Commissioner Ecklund to approve the vacations as petitioned based on the means of evaluation public necessity established by KPB 20. 70, subject to staff recommendations and compliance with borough code. MOTION PASSED BY MAJORITY VOTE: Yes 9 I No I 0 I Absent I 3 I Yes Bentz, Carluccio, Ecklund, Ernst. Fikes , Foster, Whitney, Venuti Ruffner No None Absent Brantlev, Ernst, Morgan Kenai Peninsula Borough Page 7 ' E. Public Hearings 1. Vacate a portion of the cul-de-sac at the north end of Daubenspeck Circle as dedicated on Baron Park 2012 Addition Plat KN 2012-89; KPB File 2020-057V; Petitioner(s): City of Kenai, Kenai, AK Page 1 of 4 AGENDA ITEM E. PUBLIC HEARINGS 1. Vacate a portion of the cul-de-sac at the north end of Daubenspeck Circle as dedicated on Baron Park 2012 Addition, Plat KN 2012-89. The right-of-way is located within the W ½ of Section 33, Township 6 North, Range 11 West, City of Kenai, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2020-057V. STAFF REPORT PC Meeting: July 13, 2020 Purpose as stated in petition: This plat is changing Daubenspeck Circle into a through street to Marathon Road. The portion being vacated is a portion of the cul-de-sac. Petitioners: City of Kenai, Alaska. Notification: Public notice appeared in the July 2, 2020 issue of the Peninsula Clarion as a separate ad. The public hearing notice was published in the July 9, 2020 issue of the Peninsula Clarion as part of the Commission’s tentative agenda. 1 certified mailing was sent to owners of property within 300 feet of the proposed vacation. 1 receipt had been returned when the staff report was prepared. Public hearing notices were sent by regular mail to 1 owner within 600 feet of the proposed vacation. 12 public hearing notices were emailed to agencies and interested parties. Public hearing notices were made available to 7 KPB staff/Departments via a shared database. Notices were mailed to the Kenai Post Office and Kenai Community Library with a request 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: ACS: No objections. ENSTAR: Comments not received when staff report was prepared. Homer Electric Association: No comments. KPB Addressing: 400/450/500 Marathon Road and 450/550 Daubenspeck Circle will need to be updated by the City of Kenai. Existing street names listed are correct. Platting Staff notes that the City of Kenai may remove the suffix ‘circle’ and change the road suffix. KPB Planning: KPB Planner was unavailable. KPB Platting Staff noted that no material site or local option zone issues. A review is not required for property inside city limits. KPB River Center: The floodplain reviewer noted that this is within the City of Kenai. It is not within a Habitat Protection District. KPB Roads Department: Not within KPB jurisdiction, no comments. Kenai Planning and Zoning Commission: The vacation was heard as part of their discussion of the preliminary plat at their May 27, 2020 meeting. The preliminary plat, including the right of way vacation, Page 2 of 4 was approved by the adoption of the City of Kenai Planning and Zoning Commission Resolution No. 2020- 10. State Parks: No comments. Staff Discussion: Daubenspeck Circle was dedicated on Baron Park 2012 Addition, KN 2012-89. The plat dedicated the right of way over the existing constructed road. That plat also showed that the road went outside the dedicated right of way and connected to Marathon Road. This proposed vacation will vacate the portion of the cul-de-sac that does not have any constructed road within the dedicated right of way. This vacation is also for right of way only and all utility easements granted adjoining the vacated portion right of way will remain in place. Staff notes that if the vacation is approved and the new right of way is dedicated that the right of way will no longer be a “Circle” as defined by KPB 14.10.070(B). This right of way is within the City of Kenai but staff would recommend changing the suffix for the right of way. Per KPB 20.90.010, a cul-de-sac serves no through traffic and are closed permanently at one end with a vehicular turnaround area. The current constructed status of Daubenspeck Circle and its continued use does not meet the definition of a cul-de-sac as it is not closed at the end, but instead curves and continues west. Staff does not recommend the opening of cul-de-sacs without the written permission of all property owners along the right of way. However, written permission will not be required on this vacation as the property is all owned by the City of Kenai who is the petitioner for the vacation. If approved, the plat Baron Park 2020 Replat will finalize the proposed right of way vacations. The Plat Committee is scheduled to review the plat on July 13, 2020 being held prior to the Planning Commission meeting. An exception to KPB 20.30.130 Streets-curve requirements, was requested and will be heard by the Plat Committee. KPB 20.70 – Vacation Requirements. Platting staff comments: Staff reviewed the vacation and all the items required by 20.70 were met, unless otherwise noted below: C. In areas where right-of-way is being vacated due to excessive topographic features, a contour map or centerline profile and/or right-of-way cross sectional view may be required by the commission to substantiate the unusable right-of-way and show alternate and dedicated routes to insure ingress and egress to adjacent lands. Platting Staff Comments: A contour map has been prepared by staff. D. If the proposed vacation lies within the boundaries of an incorporated city, comments from the city advisory planning commission must be submitted with the petition. Platting Staff Comments: The City of Kenai Planning Commission minutes have been submitted. 20.70.130. Vacation plat—Preparation, approval and recording. Upon approval of the vacation request by the planning commission and no veto by the city council or assembly, the applicant shall have a surveyor prepare and submit a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat. The final plat must be recorded within one year of the vacation consent in KPB 20.70.110. Platting Staff Comments: The vacation is shown on Baron Park 2020 Replat. The preliminary plat will be heard by the plat committee on July 13, 2020. Staff recommendation: Comply with 20.70.130 20.70.150. Title to vacated area. A. The title to the street or other public area vacated on a plat attaches to the lot or lands bordering on the area in equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area which lies on one side Page 3 of 4 of the boundary line shall attach to the abutting property on that side, and the street area which lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street which lies within the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in the city if it lies within the city and to the borough if it lies within the borough outside a city. If the property vacated is a lot or tract, title vests in the rightful owner. Platting Staff Comments: The City of Kenai is the land owner for all lots. Typically, the lot line would extend to the center of the cul-de-sac and then extend radially to the center of the proposed curve. In this case the land owner for all lots will be signing the plat and therefore agreeing to the lot configuration. Staff recommendation: Proposed plat complies with 20.70.150. 20.70.160. Partial vacation allowed. Where the planning commission finds that a right-of-way must be preserved, but determines there is excessive width for all intended uses within the right-of-way, the commission may approve a partial vacation of a right-of-way such that the width is reduced to the maximum necessary for the intended use. Such vacation shall conform to this title for the class of right-of-way involved except where the right-of-way is not intended to be used for vehicular purposes. Platting Staff Comments: The partial vacation request is to eliminate the portion of the cul-de-sac bulb that is not being used, nor required, for a turnaround area at this time. Staff recommendation: Complies with 20.70.160. 20.70.170. Vehicular Access. The planning commission shall not approve the vacation of a right-of-way unless an equal or superior right-of-way for vehicular access exists or will be provided in exchange. Where two or more access points are necessary for large vacant or semi-vacant areas of land, the commission shall consider density, use, projected development, and maintain sufficient rights-of-way to serve potential use. Platting Staff Comments: The right of way is already constructed in a pattern that does not require the portion of right of way being petitioned for vacation. Staff recommendation: Complies with 20.70.170. 20.70.180. Other access. Other lawful uses that exist or are feasible for the right-of-way shall be considered when evaluating a vacation request. When such uses exist or could exist within rights-of-way which are not suited for general road use, the commission shall not approve the vacation request, unless it can be demonstrated that equal or superior access is or will be available. The planning commission shall consider whether alternate uses present public safety issues which support approval of the vacation. Platting Staff Comments: There will be 60 foot right of way dedicated atop the already constructed and used road. The provided right of ways will not limit other lawful uses or access to any of the facilities or recreation in the area. Staff recommendation: Complies with 20.70.180. 20.70.190. Utility provisions. All existing and future utility requirements shall be considered when evaluating a vacation request. Rights-of-way which are utilized by a public utility or which logically would be required by a public utility shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a public utility easement be granted in place of the right-of-way. Platting Staff Comments: HEA and ACS and submitted that they had no objections or comments. The petition to vacate did not include any utility easement vacations and the proposed plat shows the utility easements granted on Baron Park 2012 Addition will remain. Staff recommendation: Comply with 20.70.190 and grant utility easements requested by providers that can be worked out and agreed upon by all parties. STAFF RECOMMENDATION: Based on the above means of evaluating public necessity established by KPB 20.70, the merits of the proposed vacations, and staff comments, staff recommends approval of the vacations as petitioned, subject to: Page 4 of 4 1. Consent by Kenai City Council. 2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code. 3. Grant utility easements requested by the Kenai City Council and utility providers. 4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation consent (KPB 20.70.130). 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 or borough 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 VACAT ION CONSENT IN KPB 20.70.110. END OF STAFF REPORT .3%9 nr ~ r ; 1HI i ! Hj! i I U • .. i•ll I :lh a 11J 11 5 ftf I --=t-» ' § tl ! ---------- " b -..001.nowilOMJ;....._ ------- t . ~! ------- TR. 22TR. B1TR. 1TR. 5TR. 3TR. 4MARATHON RDHEAACCESSRDMAGICAVEDAUBENSPECK CIRº0280560140'The information depicted hereonis for a graphical representationonly of best available sources.The Kenai Peninsula Boroughassumes no responsibilityfor any errors on this map.PClements, KPBDate: 6/11/2020Imagery: 2014 KenaiAerial ViewProposed Location of Right of Way Vacation BELUGA DR N MAGIC AVE PRINCESS STMAGIC AVE HEAACCESSRD DAUBENSPECK CIRMARATHON RD112 100 96 92 928892 88 888488 100 8892 8888 9292 8892 92 88 92888892 92 92 92 92 92 9292 92 88 88 88 AERIAL IMAGERY - 2016 4 FOOT CONTOURSThe information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. Date: 6/30/2020 S. Huff, KPB.0 440 880220 Feet TR. 21TR. 1TR. 5TR. 3TR. 489MAGIC AVEDAUBENSPECK CIRMARATHON RDº05001,000250'The information depicted hereonis for a graphical representationonly of best available sources.The Kenai Peninsula Boroughassumes no responsibilityfor any errors on this map.!.!.3243328295MP 10MARATHON RDSWILLOWSTKENAI SPUR HWYN TINKER LNBRIDGEACCESSRDALIAK DRAIRPORTWAYPRINCESS STWALKER LNNWILLOWSTMAGIC AVEROGERSRDLAWTON DRAUK STFRONTAGERDKENAIKenaiRiverKPB 2020-057VKPB 2020-057VT06N R11W S33T06N R11W S33KENAIKENAI04,0008,0002,000FeetDate: 6/11/2020PClements, KPBApproximate Approximate Location of Location of Right of WayRight of WayVacationVacation June 3, 2020 Scott Huff, Platting Officer Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, AK 99669 "Vt11tlje with a Pas~ Ci-ty with a Future" 21 O Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I Fax: 907-283-3014 www.kena i.city RE: PZ2020-10 -Baron Park 2020 Replat Dear Mr. Huff: The Planning and Zoning Commission reviewed the above-referenced plat at the ir meeting on May 27 , 2020. Based upon the submitted materials and this review , the preliminary plat meets requirements of KMC Subdivision design standards and KMC 14 .10 .080 Minimum improvements required under Chapter 14 .10 Subdivision Regulations . City staff recommends approval of the preliminary plat of General Aviation Apron Tract A Replat, subject to the followi ng conditions: 1. Further development of the property shall conform to all federal , State of Alaska, and local regulations . I have included a copy of the signed reso lution , staff report and draft of the minutes for your information .. If you need additional information , please let me know. Sincerely, /;u ~ Wilma E. Anderson Planning Ass istant cc: Segesser Surveys, Inc. )(? K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT BARON PARK 2020 REPLAT ATTACHED HERETO BE APPROVED WHEREAS, the City of Kenai received the plat from Segesser Surveys, Incorporated; and , WHEREAS, the plat meets City Code requirements of the Light Industrial Zone; and, WHEREAS, street names are referenced correctly; and, WHEREAS, the plat maintains existing utility easements and clearing easement; and, WHEREAS, the plat will not change the existing access to the properties; and, WHEREAS, Marathon Road is paved and Magic Avenue and Daubenspeck Circle are gravel and City-maintained roads providing access to the property; and, WHEREAS, the plat dedicates a sixty-foot right-of-way along the existing road between Tract 3A and 4A. Baron Park 2020 Replat; and WHEREAS , the plat vacates a portion of the turnaround at the north end of Daubenspeck Circle .; and WHEREAS, an installation agreement is not required; and, WHEREAS, the plat is consistent with City Council Resolutions 2019-55 and 2019-54 regarding the Baron Park Subdivision plat and management authority between the City's Airport Fund and General Fund; and , WHEREAS, the Planning and Zoning Commission finds : 1. Pursuant to Kenai Municipal Code 14.10 .070 Subdivision design standards, the plat conforms to the minimum street widths , an easement is sufficiently provided for utilities, the proposed lot would be arranged to provide satisfactory and des irable building sites, and the proposed lot meets standards for connection to City water and sewer lines . 2. Pursuant to Kenai Municipal Code 14 .10.080 Minimum improvements required , there is adequate access and facilities available to the proposed parcel. An installation agreement is not required. Resolution No . PZ2020-1 O Page 2 of 2 3. Pursuant to Kenai Municipal Code 14.24 .010 Minimum lot area requirements , the lot meets City standards for m inimum lot sizes . 4. Pursuant to Kenai Municipal Code 14 .24 .020 General Requirements, the lots meet City standards for minimum lot width, maximum lot coverage, maximum height, and setbacks . NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING ANO ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Baron Park 2020 Replat be approved subject to the following conditions: 1. Further development of the property shall conform to all federal , State of Alaska , and local regulations . PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of May, 2020 . :A.IT, CHAIRPERSON ATTEST: City of Kenai I 210 ~idal go Ave, Ke nai , AK 9 9611-7 7941907.283.7535 I www.ken ai.cil y STAFF REPORT TO: Planning and Zoning Commission F ROM : Elizabeth Appleby, City Planner DATE: May 20 , 2020 SUBJECT : PZ2020-10 -Baron Park 2020 Replat Applicant: City of Kenai 21 O Fidalgo Avenue Kenai , AK 99611 Submitted By: Segesser Surveys, Inc. 30485 Rosland Street Soldotna , AK 99669 Requested Action : Pre li m i nary Plat -Baron Park 2020 Replat Legal Description : Tracts One through Five, inclus ive , Baron Park 20 12 Addition Property Address : 550 Daubenspeck Circle ; 450 Daubenspeck Circle ; 500 Marathon Road ; 450 Marathon Road; and 400 Marathon Road KPB Parcel No : 0450 103 2; 04501033 ; 04501034 ; 04502035; and 04502036 Lot Size: 9.37 acres ( 408, 157 square feet); 9.29 acres ( 404,672 square feet); 6.17 acres (268 , 765 square feet); 6.85 acres (298,836 sq uare feet); and 7.62 acres (331,927 square feet) Existing Zoning : Light Industrial (IL) Current Land Use: City Shop, Fire Training Facility, Vacant (available fo r lease); and Daubenspeck Fam ily Park Land Use Plan : Institutional (Tract 2); Industrial (Tracts 1, 3 and 4); and Pa rks, Rec reation & Open Space (Tract 5) GENERAL INFORMATION Segesser Surveys , Inc. has submitted a preliminary plat on behalf of the City of Kenai. The plat affects the parcels described as Tracts One through Five, inclusive, Baron Park 2012 Addition. The lot lines between Tracts Four and Five will be reconfigured to add square footage to the Tract to be known as Tract 5A, Baron Park 2020 Replat to accommodate the development of a dog park adjacent to Daubenspeck Family Park . The lot lines between Tracts One and Two will be reconfigured to add th e area designated for the cell tower to Tract 1A, Baron Park 2020 Replat. Finally, the plat of Baron Park 2020 Replat will ded icate a sixty-foot right-of-way along the existing roadway between Tracts 3A and 4A and vacate the turnaround at the North end of Daubenspeck Circle . These changes were made after City Council held a work session in 2019 to discuss the Baron Park Subdivision properties. City Council passed Resolution 2019-55 and 2019-54 to amend management authority between the Airport Fund and General Fund to accurately reflect investment and responsibility. The memorandum for these Resolutions mentions the City's plan to move forward with a subdivision to address the issues with the existing and unplatted road, the dog park, and the communicati on tower. The change to add the communication tower to proposed Tract 1 A will keep it under management of the City's General Fund . Proposed Tract 2A contains the Fire Training Facility and is under management of the City's Airport Fund . Proposed Tract 4A would still be available for lease and under management of the Airport Fund . Proposed Tract 5A would contain the dog park and Daubenspeck Park and would be under management of the City's General Fund . Tract 3A would remain under management of the Airport Fund and the existing road along the southern boundary would be dedicated by the plat. Application, Public Notice. Public Comment KMC 14 .10.010 General under Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review prior to the submittal of the plat to the Kenai Peninsula Borough Planning Department. Kenai Municipal Code (KMC) 14.10.060 describes the process in more detail. The plat will be reviewed first by the City of Kenai Planning and Zoning Commission and then by the Kenai Peninsula Borough's Plat Committee and Planning Commission . The surveyor completed the plat submittal form on behalf of the property owners . City staff deemed the application to be complete . The City of Kenai follows Kenai Peninsula Borough Code 20.25.070 and 20.25.080 for preliminary plat submittal requirements . City staff published notice of the consideration of the plat as part of the agenda for the City of Kenai Planning and Zoning Commission in the Peninsula Clarion . No public comments have been received as of May 22, 2020. ANALYSIS Page 2 of 3 The City of Kenai I www.kenai .city Access to the proposed tracts is via Marathon Road, Magic Avenue, and Daubenspeck Circle , which are paved {Marathon) and gravel {Magic and Daubenspeck) and maintained by the City of Kenai . The proposed plat does not vacate any of the existing utility easements or clearing easement within the tracts and the existing right-of way of Daubenspeck Circle . City of Kenai water and sewer lines are within the right-of-ways of Marathon Road , Magic Avenue, and Daubenspeck Circle and the interior of Tract Two, Baron Park 2012 Addition . An installation agreement is not required . The preliminary plat meets requirements of KMC Subdivision design standards and KMC 14.10.080 Minimum improvements required under Chapter 14.10 Subdivision Regulations . City staff recommends a condition of approval for the property to conform to all federal , State of Alaska , and local regulations. RECOMMENDATIONS City staff recommends approval of the preliminary plat of Baron Park 2020 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska , and local regulations. ATTACHMENTS 1. Resolution No . PZ2020-10 2 . Application 3. Preliminary Plat 4 . Current Plat with Changes 5 . Aerial Map Page 3 of 3 The City of Kenai I www.kenai.city KENAI PLANNING & ZONING COM MIS SIO N REGULAR MEETING A. CALL TO ORDER MAY 27, 2020 -7:00 P .M. KENAI CITY HALL 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES Commission Chair J. Twait called the meeting to order at 7:10 p .m . 1. P ledge of Allegiance Commission Chair J. Twait led those assembled in the Pledge of the Allegiance . 2. Roll Call Commissioners present: J. Twait, D . Fikes , V . Askin, T. Mcintyre, G. Greenberg, J. Halstead Commissioners absent: R. Springer Staff/Council Lia ison prese nt: City Planner E. Appleby , Deputy Clerk J . LaPlante, Council Liaison H. Knackstedt A quorum was present. 3. Agenda Approval MOTION: Commiss ion er Halstead MO VED to approve the agenda and Commissioner Askin SECONDED the motion . There were no objections; SO ORDERED . 4. Consent Agenda MOTION: Commissioner Askin M OVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections ; SO ORDERED . *All items listed with an asterisk(*) are considered to be routine and non-controversial by the Commission and will be approved by one motion . There will be no separate discussion of these items unless a Comm ission Member so requests, in which case the item will be removed from the Consent Agenda and cons idered in its normal sequence on the agenda as part of the General Orders . 5 . *Excused absences -R. Springer B. APPROVAL OF MINUTES 1. *May 13, 2020 The minutes were approved by the Consent Agenda . C . SCHEDULED PUBLIC COMMENT -None. 0. UNSCHEDULED PUBLIC COMMENT -None . E. CONSIDERATION OF PLATS 1. Resolution PZ2020-10 -Preliminary Subdivision Plat of Baron Park 2020 Replat, submitted by Segesser Surveys, 30485 Ros!and St., So ldotna AK 99669, on behalf of City of Kenai, 210 Fidalgo Ave ., Kenai, AK 99611 MOTION: Commissioner Halstead MOVED to approve Resolution PZ2020-10 and Commissioner Askin SECONDED the motion . The staff report was reviewed as provided in the packet and it was recommended the preliminary plat of Baron Park 2020 Replat be approved with the condition that further development of the property shall conform to all federal, State of Alaska, and local regulations . Chair Twait opened the floor for public testimony; there being no one wishing to be heard , public comment was closed. It was noted the progress had been successful ; the location, creation and maintenance of the dog park was great. It was clarified that the City of Kenai would ultimately be responsible for maintaining the dog park while a large volunteer community was assisting in the maintenance of it. VOTE: YEA: Greenberg, Mcintyre, Halstead, Fikes, Askin, Twait NAY : MOTION PASSED UNANIMOUSLY. 2 . Resolution PZ2020-14 -Preliminary Subdivision Plat of Newton-Segura Subdivision, submitted by Segesser Surveys , 30485 Rosland St., Soldotna AK 99669, on behalf of Frank D. and Marilyn K. Newton , 260 Juliussen St., Kenai, AK 99611 and Peggy A. Segura, 270 Juliussen St., Kenai, AK 99611 MOTION: Commissioner Fikes MOVED to approve Resolution PZ2020-14 and Commissioner Askin SECONDED the motion . Planning and Zoning Commission Meet ing May 27, 2020 Page 2 of 4