HomeMy WebLinkAboutResolution No. 2021-59Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021-59
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING THE
VACATION OF PORTIONS OF UTILITY EASEMENTS ASSOCIATED WITH TRACT B, BLOCK
5, TOWNSITE OF KENAI 2021 KENAITZE REPLAT (PLAT KN 2021- 18) AND LOTS 4 & 5
BLOCK 5, ORIGINAL TOWNSITE OF KENAI (PLAT KN 2970), AND AS SET FORTH ON THE
ATTACHED EXHIBIT "A" ARE NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING
TO VACATION
WHEREAS, on August 11, 2021, by Resolution No. PZ2021-31, the Kenai Planning and Zoning
Commission recommended that the Kenai Peninsula Borough Planning Commission approve the
preliminary plat of Townsite of Kenai Kenaitze Courthouse Replat with a vacation of the portions
of utility easements as dedicated on the plat of Townsite of Kenai Kenaitze Courthouse Replat;
and,
WHEREAS, on September 13, 2021, the Kenai Peninsula Borough Planning Commission
consented to the vacation of the utility easements dedicated on the plat for Townsite of Kenai
Kenaitze Courthouse Replat; and,
WHEREAS, there is no needed public use for the portions of utility easements depicted on Exhibit
“A”; and,
WHEREAS, on September 14, 2021, the Kenai Peninsula Borough submitted a letter to the Kenai
City Council requesting consideration of the vacation in accordance with Alaska Statutes 29.40
.140 that requires the consent of the City Council prior to vacation of city easements; 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,
as follows:
Section 1. The portions of utility easements associated with Tract B, Block 5, Townsite of
Kenai 2021 Kenaitze Replat (Plat KN-2021-18) and Lots 4 & 5 Block 5, Original Townsite of Kenai
(Plat KN 2970) is not needed for a public purpose and the Council of the City of Kenai consents
to the vacation of the portions of utility easements as set forth on the attached Exhibit "A ".
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of October, 2021.
UNE TABLE
LINE BEARING
L HRl\ N35"31'24"E
L21Rll N02'01 OO'W
LJ!Rll 535·57 OO"E
L4 S46'14 14"E
L5 N46'23 50 E
L6 S39'35 14"E
L7 S46'23'50"W
LB N46'14 14'\Y
LlO R1 552'27 30"W
Ll 1 Rl N42'2600'W
L12 Rl N43'39 04"E
L13 Rl S46'20 56"E
L14 Rl S43'39'04"W
L15 R1 S41 '54 OO"E
L16 R1 S1T07'33"W
L 17 R3 585'01 35
L18 R1 S46'04 30
L 19 S50'28 46
L20 N38'42 13
L21 N51 '17'47'
N
DISTANCE
18.49'
24.89
30.47'
113.51
94.30
20.05
91.98
20.02·
7.21
100.39'
78.02
10.00
63.45
' 149.78
8.04'
25.00'
13.55
35.00
13.94
33.26
LOT 1
BLOCK 6
PLAT K-1592
BLOCK 4
US SURVEY 1435
LOT 21A
BLOCK 16
PLAT 2016-71
LOT 5
TRACT D
50' 25' o·
1· -50'
PRELIMINARY
NOTES
1. THE SOLE PURPOSE or THIS PtAT IS TO VACATE AN INTERIOR LOT LINE. NO FlELD WORK WAS PERFORMED FOR THIS PLAmNG ACTION.
2. rLJRTHER DEVELOPMENT or TH E PROPERTY SHAU CONFORM TO ALL FEDERAL, STATE OF ALASKA ANO LOCAL REGULATIONS.
3. DEVELOPMENT or THIS PARCEL SUBJECT TO THE CITY or KENAI ZONING REGULATIONS.
4. THE FRONT 10 FEET ADJACENT TO RIGHl or WAY IS ALSO AN llTlLITY EASEMENT. HO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED
WITHIN A UTILITY EASEMENT WHICH COULD INTERFERE WITH THE ASILITY or A UTl.ITY TO USE THE EASEMENT.
5. UTILITY EASEMENT VACATION APPROVED SY KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF SEPTEMBER 13. 2021 .
6. EXISTING 5 FOOT EASEMENTS FOR PUBLIC STREET PURPOSES ADJOINING MISSION AVENUE RIGHT OF WAY, GRANTED TO THE CITY OF KENAI HAVING
THE FOLLOWING RECORDING INFOR MATION, KENAI RECORDING OISTRICT:
DATE: OCTOBER 11 , 1967 BOOK: 28 PAGE: 298-301
7. EXISTING 5 FOOT EASEMENTS FOR PUBLIC STREET PURPOSES ADJOINING UPLAND STREET RIGHT OF WAY, GRANTED TO THE CITY OF KENAI HAVING
THE FOLLOWING RECORDING INfORMATION, KENAI RECORDING DISTRI CT:
DATE: SEPTEMBER 14, 199D BOOK: 371 PAGE: 279
DATE: SEPTEMBER 14, 199D BOOK: 371 PAGE: 283-284
DATE: SEPTEMBER 14, 1990 BOOK: 371 PAGE: 286
8 . A GENERAL ELECTRIC EASEMENTS, LOCATION NOT DEFINED. GRANTEO TO KENAI POWER CORPORATION HAVING THE FOLLOWING RECORlllNG
INFORMATION,
KENAI RECORDING DISTRICT:
OATE: DECEMBER 1963 BOOK: 11 PAGE: 188. 2l5. 242. 262. 289
9 . A GENERAL PUBLIC UTILITY EASEMENT EASEMENTS. LOCATION NOT OEFlNED . GRANTED TO HOMER ELECTRIC ASSOCIATION HAVING THE FOLLOWING
RECORlllNG INFORMATION,
KENAI RECORlllNG DISTRICT:
DATE: JANUARY 24, 2000 BOOK: 575 PAGE: 475
10. A GENERAL ELECTRIC EASEMENTS. EITTCTING PORTIONS OF FORMER TRACT B. GRANTED TO HOMER ELECTRIC ASSOCIATION HAVING THE FOLLOWING
RECORDING INFORMATION, KENAI RECORDING DISTRICT:
OATE: OCTOBER 29, 2012 SERIAL NUMBER: 2012-010713-0
11. WJ\S!fWAJFR QISPOSAI • CITY WATER ANO SEWER ARE AVAILABLE TO SERVE THIS PARCEL PLANS FOR WASTEWATER TREATMENT ANO DISPOSAL THAT
MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE ALASKA DEPARTMENT OF' ENVIRONMENTAL CONSERVATION.
REFERENCES
(Rl) TOWNSITE OF' KENAI KENAITZE ADDITION SUBDMSION, PLAT 2012-11, KENAI RECOROING DISTRICT
(R2) EASEMENT SERIAL NUMBER 20 12-007066-0, KENAI RECOROING DISTRICT
(R3) TOWNSITE or KENAI 2021 KENAITZ E REPLAT. PLAT 2021-18, KENAI RECORDING lllSTRICT
(R4) TOWNSITE OF' KENAI, PLAT K-2970, KENAI RECORDING DISTRICT
LEGEND
@ --MONUMENT OF RECORD (Rl) 2-1/2• BRASS MONUMENT IN CASE ---------PARCEL BOUNDARY
):(
0
®
0
(Rl)
POSITION or RECORD {Rl)
PROPERTY CORNER or RECORD (RI} REBAR
PROPERTY CORNER OF RECORD (Rl) IRON PIPE
PROPERTY CORNER OF RECORD (R4) 2"X 2" WOOD STAKE
RECORD OATA, SEE REFERENCE
PLAT APPROVAL
FZZZZZI
F'DRMER LOT LINE
ADJACENT PROPERTY LINE
EASEMENT
CENTERLINE
MONUMENT TIE
EASEMENT BEING VACATED
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF' SEPTEMBER 13, 2021.
KENAI PENINSULA BOROUGH
AU THORIZED OF'flCIAL
CERTIFICATE OF' SURVEYOR
I, MARK AIMONETTI 13022-S. HEREBY CERTIFY THAT I AO! A REGISTEREO PROFESSIONAL LAND SURVEYOR IN THE STATE or ALASKA ANO THAT THIS PlAT
REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, ANO THAT THE MOllUMENTS SHOWN ON THIS SURVEY ACTUALLY EXIST AS
DESCRIBED. ANO THAT ALL DIMENSIONAL ANO OTHER DETAILS ARE TRUE AND CORRECT TO THE BEST or MY KNOWLEDGE.
50'
PLAT
RrCOROER'S
STAMP
ARfA
2.25"
KPB 2021-118V
VICINITY MAP 1 • • 1 MILE
CERTIFICATE OF OWNERSHIP AND DEDICATION
I HEREBY CERTIF'Y THAT KENA11ZE INOIAN TRIBE IS THE
OWNER OF THE REAL PROPERT'I SHOWN ANO DESCRIBED HERE
ANO THAT ON BEHALF or KEN.\ITZE INOIAN TRIBE I HEREBY
ADOPT THIS PLAN OF SUBDMS ION ANO BY MY FREE CONSENT
DEDICATE ALL RICHTS-OF'-WAY' AND GRANT ALL EASE ... ENTS
TO THE USE SHOWN.
CHELSEA HENORICKS, EXECUTIVE Oii/ECTOR
PO BOX 988
KENAJ, At.ASKA 99611
KENAITZE /NOW/ TRIBE II/A
K£NAJTZE /NOW/ TRIBE
NOTARY ACKNOWLEDGEMENT
roR: CHELSEA HENDRICKS
ACKNOW LEDGED BEFORE ME
THIS ----DAY or --------~2021
NOTARY PUBLIC SIGNATURE
KPB FILE No . 2021-000
TOWNS/TE OF KENAI
KENAITZE COURTHOUSE
REPLAT
A REPLAT OF
TRACT B BLOCK 5
TOWNS/TE OF KENAI 2021 KENAITZE REPLAT
PLAT 2021-18
ANO
REMAINDER OF LOT 4 ANO LOT 5 BLOCK 5
ORIGINAL TOWNS/TE OF KENAI
OWNERS:
PLAT K-2970
KENAI RECORDING DISTRICT
K[ANAITZE /NO/AN TRIBE IRA
K£ANAITZ£ IND/AN TRIBE
PO BOX 988
KENAI, ALASKA 9961 1
LOCATED WITHIN E 1/2, SECTION 6,
T.SN., R.11W. S.M.
STAT£ OF ALASKA
KENAI PENINSULA BOROUGH
KENAI RECORDING DISTRICT
CITY OF KENAI
CONTAINING 5.000 ACRES
~ EIDCIEI
H lllY .. 111111, lll
1250 I Ol.D Sf\/IARD. 0 ANCHOAAGf, AK ~515
P""'1e (907) 344-S!lSO '" (907) 344-77$4
.\ECL# 1392
DRAWN BY: PROJECT:
21-582 JY
CHECKED BY:
MA
SHEET:
1OF 1
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: September 27, 2021
SUBJECT: Resolution No. 2021-59 – Declaring Vacation of portions of Utility
Easements as associated with Tract B, Block 5, Townsite of Kenai 2021
Kenaitze Replat and Lots 4 & 5 Block 5, Original Townsite of Kenai.
On August 11, 2021, the Planning and Zoning Commission passed Resolution PZ2021-31
recommending the approval of the Townsite of Kenai Kenaitze Courthouse Replat subject to the
following condition: 2. The Kenai City Council must declare the ten-foot (10') utility easement to
be vacated is not needed for a public purpose and approve the vacation of the utility easement
as shown on the preliminary plat.
On September 13, 2021, The Kenai Peninsula Borough Planning Commission consented to the
vacation of the portion of utility easements as dedicated on the plat of Tract B, Block 5, Townsite
of Kenai 2021 Kenaitze Replat (Plat KN 2021-18 and Lots 4 & 5 Block 5, Original Townsite of
Kenai (Plat KN 2970).
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. Council approval of Resolution No. 2021-59 would approve the vacation
of the subject utility easements.
Thank you for your consideration.
Attachments
Letter from Kenai Peninsula Borough
Pertinent Materials from Borough Planning Commission Meeting of September 13, 2021
City of Kenai Planning and Zoning Commission Resolution
Minutes from City of Kenai Planning and Zoning Commission Meeting of August 11, 2021
144 N. Bi nkley Street, Soldotna , Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax
Charlie Pierce
Borough Mayor
September 14 , 2021
Kenai City Council
210 Fidalgo Avenue
Kenai , AK 99611
RE : Utility Easement Vacation ; KPB File 2021-118V: Vacates portions of utility easements
associated with Tract B , Block 5, Townsite of Kenai 2021 Kenaitze Replat (Plat KN 2021-
18) and Lots 4 & 5 Block 5 , Original Townsite of Kenai (Plat KN 2970); Petitioner: Kenaitze
Indian Tribe IRA of Kenai , AK
Dear Kenai City Council Members:
In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may not be
made without the consent of the city council. The KPB Planning Commission approved the
referenced utility easement vacation durin g their regularly scheduled meeting of September 13 ,
2021. This petition is being sent to you for your consideration and action .
The City Council has 30 days from September 14 , 2021 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 Planning Commission will stand .
Attached are draft, unapproved minutes of the pertinent portion of the meeting and other related
material.
Sincerely ,
Melanie Aeschliman
Planning Director
Kenai Peninsula Borough
Attachments :
Unapproved PC Meeting Minutes
Meeting Packet Materials
Plann ing Commission Unapproved Minutes
Ms . Shirnber ed that Commissioners Bentz and So
would not be able to tt d tonight's meeting .
ent, Chair Martin returned the discussion to the Co
MOTION: Commissioner Ecklund
a enda and the regular agenda .
Seeing an <til aring no objection or further discussion , the motion
Yes
Yes Venuti
Absent
AGENDA ITEM E. NEW BUSINESS
Chair Martin asked Ms . Shirnberg to read the procedure for public testimony .
AGENDA ITEM E.
KPB File No.
NEW BUSINESS
ITEM 1 -UTILITY EASEMENT VACATION
TOWNSITE OF KENAI -KENAITZE COURTHOUSE REPLAT
Planning Commission Meeting:
2021 -118V
September 13, 2021
Applicant / Owner: Kenaitze Indian Tribe IRA of Kenai, Alaska
August 23 , 2021
Surveyor:
General Location:
Mark Aimonetti , Jason Young/ Edge Survey and Design , LLC
City of Kenai
Staff report given by Scott Huff.
Specific Request/ Purpose as stated in the petition: The petition did not state a purpose but a plat has
been submitted to remove interior lot lines . The request is to remove the platted utility easements that are
located on the former lot lines within the new lot.
Notification: Notice of vacation mailings were sent by regular mail to sixty owners of property within 600
feet. Notice of the proposed vacation was emailed to eight agencies and interested parties .
The public notice was posted on the Planning Department's bulletin board at the KPB Administration
Building .
Staff Analysis: The preliminary plat supplied for the vacation of utility easements depicts several
easements to be vacated . Per the submittal , the intent of the preliminary plat is to combine several lots into
one 5 acre tract. Per the City of Kenai staff report , the Kenaitze Indian Tribe wishes to expand their tribal
court building and provide additional parking. The extension of the building will not comply with city zoning
and will encroach into a utility easement. The proposed changes will allow the building to be compliant.
The original plat , US Survey 2970 , did not grant any utility easements . Plat KN 2012-11 , Townsite of Kenai
Kenaitze Addition Subdivision , vacated some of the right of ways in the area and granted some utility
easements . Those easements were also depicted on Plat KN 2021-18, Townsite of Kenai 2021 Kenaitze
Replat.
Along the northern boundary , adjacent to Lot 13A Block 5, a 10 foot utility easement, granted by KN 2012-
Kenai Peninsula Borough Page 2
Planning Comm ission Unapproved Minutes August 23 , 2021
11 , centered over the existing underground line will remain as will a 5 foot utility easement granted by book
and page .
Along the southeast are utility easements that were granted by KN 2012-11 atop a portion of the right of
way vacation of Upland Way and Overland Way. This easement will remain . The easement is labeled as
1 O foot utility easement but the width varies and in some areas not 10 feet. Staff recommends the label
be corrected for the utility easement extending from Upland Street as the width of the easement is not 10
feet and varies with the former right of way width .
A utility easement extends from Overland Avenue into proposed Tract B-1 . This request is to vacate the
easterly approximately 125 feet. The remaining easement is approximately 13 feet wide and will be
approximately 35 feet long .
Plat KN 2012-11 granted utility easements along the property lines in the southwest corner. The northern
portion of the 1 O foot utility easement adjoining the former lot line is requested to be vacated . When the
easement extends to the southeast the width varies. Per KN 2012-11 a 20 foot utility easement was granted
centered on the existing utility line . The plat only had the authority to grant the easement within the
subdivision boundary . Staff did not find any record of the remaining 20 foot width being granted within Lot
5 Block 5. Staff recommends the depiction of the portion being vacated be corrected to match what was
actually granted . Staff recommends this platting action grant the remaining width for the 20 foot wide
utility easement that extends from Mission Avenue.
The City of Kenai Planning and Zoning Commission reviewed the plat at their regularly scheduled meeting
on August 11 , 2021. They approved the plat including the vacations subject to the Kenai City Council
declaring the utility easements to be vacated are not needed for public purpose and approve the vacation
as shown . If approved the Kenai City Council must consent or veto the vacation within 30 days from
September 13 , 2021 .
The vacations are proposed to be finalized by plat Townsite of Kenai Kenaitze Courthouse Replat, KPB
File 2021-118 . The plat has been submitted and will be reviewed by the Plat Committee on September 13 ,
2021 .
UT "d ti 1tv orov1 er review:
HEA No objections
ENSTAR Approved as shown
ACS No objections
GCI Approved as shown
Findings:
1. The petition states a utility company does not use the utility easements proposed for vacation .
2. ACS , ENSTAR , GCI , and HEA provided written non-objection to the proposed vacation.
3. Townsite of Kenai Kenaitze Addition Subdivision , Plat KN 2012-11 , granted utility easements
coinciding with portions of right of ways vacated by that plat.
4 . Townsite of Kenai Kenaitze Addition Subdivision , Plat KN 2012-11 , granted utility easements
adjoining lot lines with the remainder of Lot 4 Block 5 and Lot 5 Block 5 of US Survey 2970 .
5. A portion of the easement extending from Overland Avenue will be vacated with an approximately
35 foot segment to remain .
6. Additional utility easement will be granted within former Lot 5 Block 5 to allow the full 20 foot width
centered on the existing electric overhead line .
7. No surrounding properties will be denied utilities .
8. The vacations are proposed to be vacated by plat , Townsite of Kenai Kenaitze Courthouse Replat.
9. The plat , if approved , will create a 5 acre lot with improvements owned by the Kenaitze Indian
Tribe .
10 . Per the City of Kenai staff report , the lot line removals and vacation of utility easements will allow
the Kenaitze Indian Tribe the ability to add an addition to an existing building and comply with city
Kenai Peninsula Borough Page 3
Planning Commission Unapproved Minutes August 23 , 2021
zoning code requirements.
RECOMMENDATION:
Based on consideration of the merits as outlined by Staff comments and Staff findings , Staff recommends
APPROVAL of the utility easement alteration as petitioned , subject to :
1. Consent by Kenai City Council.
2. Grant utility easements requested by the Kenai City Council and utility providers .
3. Finalizing the approval of the easement alteration by either ;
a. The recording of a subdivision plat within 12 months or,
b. The recording of a utility easement alteration resolution within 90 days of the adoption of
the resolution by the Planning Commission , with the following requirements :
i. An exhibit drawing showing , and dimensioning , the utility easement alteration area ,
prepared , signed and sealed by a licensed land surveyor. The exhibit drawing will
be attached to , and recorded with , the resolution .
ii. The applicants will prov ide the recording fee for the resolution and its attachment
to the Planning Department.
iii. The Planning Department is responsible for filing the Planning Commission
resolution .
20.65.070 Alteration of platted utility easements
E. A planning commission decision under this section is final. A notice of decision shall be
sent to the petitioner. No reapplication or petition concerning the same alteration to platted
utility easement 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. If the reasons for denial are resolved, the
petitioner may submit a new petition for alteration of platted utility easement with
documentation that the issues have been resolved, accompanied by a new fee.
F. An appeal of the planning commission decision under this section must be filed in the
superior court in accordance with the Alaska Rules of Appellate Procedure.
The 2019 Kenai Peninsula Borough Comprehens ive Plan adopted November, 2019 by Ordinance No .
2019-25 . The relevant objectives are listed.
Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to
local and regional facilities, activities, programs and services .
Focus Area : Energy and Utilities
o Objective A -Encourage coordination or residential, commercial, and industrial
development with extension of utilities and other infrastructure.
Housing
• Strategy 1. Near-Term : Maintain existing easements (especially section line
easements) in addition to establishing adequate utility rights of way or
easements to serve existing and future utility needs.
• Strategy 2. Near-Term : Maintain regular contact with utility operators to
coordinate and review utility easement requests that are part of subdivision
plat approval.
• Strategy 3. Near-Term : Identify potential utility routes on Borough lands.
o Objective D. Encourage efficient use of land, infrastructure and services outside
incorporated cities by prioritizing future growth in the most suitable areas.
Kenai Peninsula Borough
• Strategy 1. Near-Term : Collaborate with the AK Department of
Transportation , incorporated cities within the borough, utility providers, other
agencies overseeing local services, and existing communities located
adjacent to the undeveloped areas that are appropriate for future growth , to
Page 4
Planning Commission Unapproved Minutes August 23 , 2021
align plans for future expansion of services to serve future residential
development and manage growth.
END OF STAFF REPORT
Chair Martin opened the meeting for public comment. Hearing no one wishing to comment , public comment
was closed and discussion was opened among the commission .
MOTION: Commissioner Ruffner moved , seconded by Commissioner Brantley to approve the vacation as
petitioned based on the means of evaluating public necessity established by KPB 20.70 , subject to staff
recommendations and compliance with borough code.
Seeing and hearing no objection or further discussion , the motion was carried by the following vote :
MOTION PASSED BY UNANIMOUS VOTE :
Yes 7 I No I 0 I Absent I 3 I -
Yes Brantley, Ecklund , Fikes , Gillham , Martin , Ruffner, Venuti
Absent Bentz, Chesser, Morqan
2 -RIGHT OF WAY VAC
SHANE RAE CIRCLE RIG OF WAY RUNNING (60' 45.10') AS SHOWN AND
KPB File No.
Planning Commissio
Applicant I Owner:
rveyor:
Ge ral Location:
Lega
DEDICATED ON S & SUBDIVISION (PLAT KN -112)
2021-112V
September 13 ,
Jessica A and Cole
None at this time
Located off of Riggs Ave e from Mackey Lake Road .
Shane Rae Circle right of w S & S Sub KN 86-112
2 W1/2 SW1/4 SW1/4 , Sec 22 Township 5 North Rang
Wes enai Recordin District
are requesting to vacate ne Rae Circle .
are oposing the following chan to the plat:
• to be combined and abso~ the Shane Rae Circle land.
share the rrent driveway access from · gs Avenue .
I
I
• Lot 4 is dou frontage lot with Shane e Circle and Heath Circle . s it is served by both
accesses, there ill be no impact when Shan Rae Circle is vacated. As , ·s now, an exception
had to be made fo e construction of Heath Gire/ due to the depth of the lot.
The back 4. 86 unsub · ided acreage of the S & ubdivision sits on the cul-. -sac of Heath
Circle . Vacating Shane e Circle will have no impac this lot. Currently the Sha Rae Circle
access is only platted and n ul/y constructed. The acce via Heath Circle is onto an e blished
vel cul-de-sac.
Kena i Pen insula Borough
Planning
Commission
Meeting Packet
September 13, 2021
7:30 p.m.
E1 – Utility Easement Vacation
Townsite of Kenai – Kenaitze Courthouse Replat
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax
Planning Department
Page 1 of 3
AGENDA ITEM E. NEW BUSINESS
ITEM 1 UTILITY EASEMENT VACATION
TOWNSITE OF KENAI - KENAITZE COURTHOUSE REPLAT
KPB File No. 2021-118V
Planning Commission Meeting: September 13, 2021
Applicant / Owner: Kenaitze Indian Tribe IRA of Kenai, Alaska
Surveyor: Mark Aimonetti, Jason Young / Edge Survey and Design, LLC
General Location: City of Kenai
STAFF REPORT
Specific Request / Purpose as stated in the petition: The petition did not state a purpose but a plat has been
submitted to remove interior lot lines. The request is to remove the platted utility easements that are located on the
former lot lines within the new lot.
Notification: Notice of vacation mailings were sent by regular mail to sixty owners of property within 600 feet.
Notice of the proposed vacation was emailed to eight agencies and interested parties.
The public notice was posted on the Planning Departments bulletin board at the KPB Administration Building.
Staff Analysis: The preliminary plat supplied for the vacation of utility easements depicts several easements to be
vacated. Per the submittal, the intent of the preliminary plat is to combine several lots into one 5 acre tract. Per the
City of Kenai staff report, the Kenaitze Indian Tribe wishes to expand their tribal court building and provide additional
parking. The extension of the building will not comply with city zoning and will encroach into a utility easement. The
proposed changes will allow the building to be compliant.
The original plat, US Survey 2970, did not grant any utility easements. Plat KN 2012-11, Townsite of Kenai Kenaitze
Addition Subdivision, vacated some of the right of ways in the area and granted some utility easements. Those
easements were also depicted on Plat KN 2021-18, Townsite of Kenai 2021 Kenaitze Replat. .
Along the northern boundary, adjacent to Lot 13A Block 5, a 10 foot utility easement, granted by KN 2012-11,
centered over the existing underground line will remain as will a 5 foot utility easement granted by book and page.
Along the southeast are utility easements that were granted by KN 2012-11 atop a portion of the right of way
vacation of Upland Way and Overland Way. This easement will remain. The easement is labeled as 10 foot utility
easement but the width varies and in some areas not 10 feet. Staff recommends the label be corrected for the
utility easement extending from Upland Street as the width of the easement is not 10 feet and varies with the former
right of way width.
A utility easement extends from Overland Avenue into proposed Tract B-1. This request is to vacate the easterly
approximately 125 feet. The remaining easement is approximately 13 feet wide and will be approximately 35 feet
long.
Plat KN 2012-11 granted utility easements along the property lines in the southwest corner. The northern portion
of the 10 foot utility easement adjoining the former lot line is requested to be vacated. When the easement extends
to the southeast the width varies. Per KN 2012-11 a 20 foot utility easement was granted centered on the existing
utility line. The plat only had the authority to grant the easement within the subdivision boundary. Staff did not find
any record of the remaining 20 foot width being granted within Lot 5 Block 5. Staff recommends the depiction of
the portion being vacated be corrected to match what was actually granted. Staff recommends this platting action
grant the remaing width for the 20 foot wide utility easement that extends from Mission Avenue.
Page 2 of 3
The City of Kenai Planning and Zoning Commission reviewed the plat at their regularly scheduled meeting on
August 11, 2021. They approved the plat including the vacations subject to the Kenai City Council declaring the
utility easements to be vacated are not needed for public purpose and approve the vacation as shown. If approved
the Kenai City Council must consent or veto the vacation within 30 days from September 13, 2021.
The vacations are proposed to be finalized by plat Townsite of Kenai Kenaitze Courthouse Replat, KPB File 2021-
118. The plat has been submitted and will be reviewed by the Plat Committee on September 13, 2021.
Utility provider review:
HEA No objections
ENSTAR Approved as shown
ACS No objections
GCI Approved as shown
Findings:
1. The petition states a utility company does not use the utility easements proposed for vacation.
2. ACS, ENSTAR, GCI, and HEA provided written non-objection to the proposed vacation.
3. Townsite of Kenai Kenaitze Addition Subdivision, Plat KN 2012-11, granted utility easements coinciding
with portions of right of ways vacated by that plat.
4. Townsite of Kenai Kenaitze Addition Subdivision, Plat KN 2012-11, granted utility easements adjoining lot
lines with the remainder of Lot 4 Block 5 and Lot 5 Block 5 of US Survey 2970.
5. A portion of the easement extending from Overland Avenue will be vacated with an approximately 35 foot
segment to remain.
6. Additional utility easement will be granted within former Lot 5 Block 5 to allow the full 20 foot width centered
on the existing electric overhead line.
7. No surrounding properties will be denied utilities.
8. The vacations are proposed to be vacated by plat, Townsite of Kenai Kenaitze Courthouse Replat.
9. The plat, if approved, will create a 5 acre lot with improvements owned by the Kenaitze Indian Tribe.
10. Per the City of Kenai staff report, the lot line removals and vacation of utility easements will allow the
Kenaitze Indian Tribe the ability to add an addition to an existing building and comply with city zoning code
requirements.
RECOMMENDATION:
Based on consideration of the merits as outlined by Staff comments and Staff findings, Staff recommends
APPROVAL of the utility easement alteration as petitioned, subject to:
1. Consent by Kenai City Council.
2. Grant utility easements requested by the Kenai City Council and utility providers.
3. Finalizing the approval of the easement alteration by either;
a. The recording of a subdivision plat within 12 months or,
b. The recording of a utility easement alteration resolution within 90 days of the adoption of the
resolution by the Planning Commission, with the following requirements:
i. An exhibit drawing showing, and dimensioning, the utility easement alteration area,
prepared, signed and sealed by a licensed land surveyor. The exhibit drawing will be
attached to, and recorded with, the resolution.
ii. The applicants will provide the recording fee for the resolution and its attachment to the
Planning Department.
iii. The Planning Department is responsible for filing the Planning Commission resolution.
20.65.070 Alteration of platted utility easements
Page 3 of 3
E. A planning commission decision under this section is final. A notice of decision shall be sent to
the petitioner. No reapplication or petition concerning the same alteration to platted utility easement
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. If the reasons for denial are resolved, the petitioner may submit a new petition for
alteration of platted utility easement with documentation that the issues have been resolved,
accompanied by a new fee.
F. An appeal of the planning commission decision under this section must be filed in the superior
court in accordance with the Alaska Rules of Appellate Procedure.
The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November, 2019 by Ordinance No. 2019-25.
The relevant objectives are listed.
Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to local
and regional facilities, activities, programs and services.
- Focus Area: Energy and Utilities
o Objective A - Encourage coordination or residential, commercial, and industrial development
with extension of utilities and other infrastructure.
Strategy 1. Near Term: Maintain existing easements (especially section line
easements) in addition to establishing adequate utility rights of way or easements to
serve existing and future utility needs.
Strategy 2. Near Term: Maintain regular contact with utility operators to coordinate
and review utility easement requests that are part of subdivision plat approval.
Strategy 3. Near Term: Identify potential utility routes on Borough lands.
- Housing
o Objective D. Encourage efficient use of land, infrastructure and services outside incorporated
cities by prioritizing future growth in the most suitable areas.
Strategy 1. Near Term: Collaborate with the AK Department of Transportation,
incorporated cities within the borough, utility providers, other agencies overseeing
local services, and existing communities located adjacent to the undeveloped areas
that are appropriate for future growth, to align plans for future expansion of services
to serve future residential development and manage growth.
END OF STAFF REPORT
N FOREST DRMCKINLEY STwn
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 11, 2021 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, J. Halstead, A. Douthit, D. Fikes, G. Woodard, G.
Greenberg
Commissioners absent: R. Springer
Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W.
Anderson, Deputy City Clerk M. Thibodeau, Council Liaison
J. Glendening
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as written and Commissioner Douthit
SECONDED the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and Commissioner Woodard
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 Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
5. *Excused absences – R. Springer
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Planning and Zoning Commission Meeting Page 2 of 4
August 11, 2021
B. APPROVAL OF MINUTES
1. *Regular Meeting of July 28, 2021
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
1. Resolution No. PZ2021-31 - Preliminary Subdivision Plat of Townsite of Kenai
Kenaitze Courthouse Replat, submitted by Edge Survey and Design, LLC, P. O. Box
208, Kasilof, AK 99610, on behalf of Kenaitze Indian Tribe, 150 N. Willow St. Suite
33, Kenai, AK 99611
MOTION:
Commissioner Douthit MOVED to approve Resolution No. PZ2021-31 and Commissioner
Woodard SECONDED the motion.
Planning Director Foster presented his staff report with information provided in packet explaining
that the property owners, Kenaitze Indian Tribe, will be expanding on the tribal court building and
the proposed expansion will not currently meet the setback requirement of the Townsite Historic
District; therefore, it is proposed to remove the property lines between the properties so that the
setback requirements can be met. The proposed expansion of the tribal court building will result
in an encroachment onto a ten-foot utility easement, and the applicant wishes to vacate the portion
of a ten-foot utility easement as delineated on the preliminary plat.
Approval of the plat was recommended, 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 must declare that the portion of ten-foot utility easement to be
vacated is not needed for a public purpose and approve the vacation of the utility
easement as shown on the preliminary plat.
3. Prior to issuance of a building permit, a Landscape/Site plan must be submitted to the City
of Kenai for review and approval.
Clarification was provided on where the building expansion will be in correlation with the setback,
and it was noted that there may be inaccuracies with the Geographic Information System (GIS)
mapping.
Don Ohler, Construction Director with the Kenaitze Indian Tribe, clarified details about the
preliminary plat including structure relocation and parking lot expansion.
VOTE:
YEA: Halstead, Douthit, Greenberg, Woodard, Twait, Fikes
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Planning and Zoning Commission Meeting Page 3 of 4
August 11, 2021
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Action/Approval - A Resolution Of The Council Of The City Of Kenai, Alaska
Approving The Development Incentives Per Kenai Municipal Code 21.10.100. For
A Lease Of Airport Reserve Lands Between The City Of Kenai And Schilling
Rentals, Llc On General Aviation Apron Sub No. 1 Amended Lot 2 Block 3
MOTION:
Commissioner Woodard MOVED to recommend approval of Resolution No. 2021-55 to Council
for approving the development incentives per Kenai Municipal Code 21.10.100 for a Lease of
Airport reserve lands between the City of Kenai and Schilling Rentals, LLC on General Aviation
Apron Sub No. 1 Amended Lot 2 Block 3. Vice Chair Fikes SECONDED the motion.
Planning Director Foster noted that City Council Resolution No. 2021-55 would approve
development incentives for an existing lease to Schilling Rentals. The lessee intends to do an
estimated $230,000 worth of improvements to the property, such as unclassified and classified
excavation. After Council approval, there are further steps that lessee would go through to receive
development credits such as providing an estimate of the value of the work including a scope of
work, and certification from a qualified engineer. Once these have been reviewed and accepted
by the City, that credit could be applied towards rent for a maximum of 5 years.
It was noted that dirt work was taking place, and this application is just for development credits
for an engineer-estimated scope of work from July. Chair Twait disclosed that he is a contractor
working at this site and explained that the lessee is extending the hangar, but because that is
separate from this development credit application he did not see a conflict of interest. Discussion
included previous construction that had been done in the area.
VOTE:
YEA: Douthit, Fikes, Greenberg, Woodard, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Glendening reported on the actions from the
August 4, 2021 City Council meeting.
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Planning and Zoning Commission Meeting Page 4 of 4
August 11, 2021
2. Borough Planning – Vice Chair Fikes reported on the actions from the August 9th
Planning Commission Meeting, and noted August 14th Kenai Peninsula Borough land
auction.
3. City Administration – Planning Director Foster reported on the following:
• There was a City Council Work Session on August 4, 2021 to discuss waterfront
revitalization and economic development incentives. The next Planning & Zoning
Commission meeting on August 25, 2021 will include a recommendation to
Council on a feasibility study for waterfront revitalization.
K. ADDIT IONAL PUBLIC COMMENT – None.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. August 25, 2021
N. COMMISSION COMMENTS & QUESTIONS – None.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:43 p.m.
Minutes prepared and submitted by:
____________________________
Meghan Thibodeau
Deputy City Clerk